TOCstock Terms & License Agreement
Last update: August 2023
This is a license agreement between you and TOCstock that explains how you can use the photos, (individually and collectively, “content”) that you license from TOCstock. By downloading content from TOCstock, you accept the terms of this agreement.
TOCstock offers one type of license model we call: WideLicense. This license applies to every photo on TOCstock, unless mentioned otherwise.
How can I use the photo licensed with WideLicense?
You may use licensed content in any way consistent with the rights granted below and not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Getty Images are:
Rights granted for photos
You can use the content on TOCstock for any personal or commercial projects, respecting the restricted uses (see next chapter).
There is no expiration or end date on your rights to use the content.
Content can be used in any geographic territory.
Content can be used in print, in digital or in any other medium or format
You do not have exclusive rights to use the content. TOCstock can license the same content to other customers. If you would like exclusive rights to use specific content, please contact TOCstock to discuss a buy-out.
You may edit a photo within the following guidelines:
You can crop a photo to suit it to your projects
You can convert a photo to black and white
You can add a color layer to match your project
Restricted use for photos
You may never resell the content on other website or stock sites.
You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.
You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations.
You may never edit the content and claim that you are the author.
Use on ‘made-to-order’ products
There is a restriction to use a photo on products that are made in production. Examples of these products are: t-shirts, postcards, mugs, calendars, posters, screensavers or wallpapers. There is a maximum of 15 products per photo. Please contact us to discuss larger amounts.
Use on electronic templates
You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates). Please contact us for the options.
Granted rights
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights purchased may only belong to you or your employer/client, depending on who is named as the “Licensee” at the time of purchase. In other words, if you purchase a photo, only one of you (and not both) may re-use that image for multiple projects.
Subcontractors You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.
You will be responsible for tracking all activity for each user account, and you agree to: (a) maintain the security of all passwords and usernames; (b) notify TOCstock immediately of any unauthorized use or other breach of security; and (c) accept all responsibility for activity that occurs under each user account. TOCstock reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If TOCstock determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.
Who owns the content?
All of the licensed content is owned by either TOCstock. All rights not expressly granted in this agreement are reserved by TOCstock. You may not assert any right to revenue from a collecting society, social media website, content sharing platform or any other third party in respect of photocopying, digital copying, sharing, distribution or other secondary uses of the licensed content.
Do I need to include a photo credit?
You do not need to include a photo credit for commercial or personal use, but if you are using content for editorial purposes, you must include a credit adjacent to the content or in production credits. The credit should be in the following form or as otherwise stipulated in the caption information accompanying the content on the TOCstock website: “Photo: TOCstock”
Can I use the TOCstock name or logo?
You may use the name of TOCstock as necessary to give attribution, but you may not otherwise use their names, logos, or trademarks without prior written approval.
Fees and Renewal
Upon expiration of the term, your subscription stops automatically when the period is exceeded. TOCstock has the right to send you a notice and give the opportunity to renew the subscription.
Refunds
TOCstock doesn’t offer refunds.
TOCstock may terminate this agreement at any time if you breach any of the terms of this or any other agreement with TOCstock, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to TOCstock in writing that you have complied with these requirements.
For all licensed content, TOCstock warrants that your use of such content in accordance with this agreement and in the form delivered by TOCstock (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any copyrights or moral rights of the content owner/creator.
If you have questions you can contact us by info@tocstock.com
