His Creation Stock Licensing Agreement
STOCK FOOTAGE LICENSE AGREEMENT
DUAL LICENSING FRAMEWORK FOR ROYALTY-FREE AND RIGHTS-MANAGED CONTENT
1. PARTIES AND IDENTIFICATION
This Stock Footage License Agreement (“Agreement”) is entered into between His Creation Stock, a business entity organized under the laws of Georgia, with its principal place of business located at 2282 TV Tower Road, Parrott, GA 39877, Federal
Employer Identification Number 083-74-5995 (“Licensor”), and the individual or entity purchasing, downloading, or otherwise accessing stock footage content (“Licensee”). This Agreement governs all transactions conducted through the website hiscreationstock.com and establishes the terms and conditions under which Licensor grants rights to use its proprietary stock footage content.
2. DEFINITIONS AND INTERPRETATION
“Stock Footage” means all digital video content owned or controlled by Licensor, including but not limited to landscapes, cityscapes, animals, cars, boats, and people, made available through hiscreationstock.com in various resolutions up to 6K with maximum file sizes of 30 GB.
“Royalty-Free License” means a non-exclusive license that permits unlimited use of Stock Footage after payment of a one- time licensing fee or during an active subscription period, subject to the terms and restrictions set forth herein.
“Rights-Managed License” means a license with specific usage parameters negotiated individually for each piece of Stock
Footage, including but not limited to duration, geographic scope, medium of use, and exclusivity provisions.
“Single Purchase” means a one-time transaction for individual Stock Footage at the standard rate of ten dollars ($10.00) per clip, subject to educational and non-profit discounts where applicable.
“Subscription Service” means the monthly recurring access plan priced at forty dollars ($40.00) per month, providing access to download up to forty (40) pieces of Stock Footage per calendar month.
“Educational Institution” means accredited schools, colleges, universities, and other formally recognized educational organizations eligible for a ten percent (10%) discount on all licensing fees.
“Non-Profit Organization” means tax-exempt entities organized and operated exclusively for charitable, educational, religious, scientific, or other similar purposes for the public benefit, not organized for private profit or personal gain, eligible for a ten percent (10%) discount on all licensing fees.
“Commercial Use” means any use of Stock Footage in connection with business activities, advertising, marketing, promotional materials, or any purpose intended to generate revenue or commercial benefit.
3. DUAL LICENSING FRAMEWORK
3.1 Royalty-Free License Structure
The Royalty-Free License grants Licensee broad usage rights for Stock Footage obtained through either Single Purchase or Subscription Service. This license type provides maximum flexibility for standard commercial and personal applications while maintaining essential restrictions to protect Licensor’s intellectual property rights and business model.
3.2 Rights-Managed License Structure
The Rights-Managed License provides customized licensing terms negotiated on a case-by-case basis for specific high-value or specialized applications. Pricing for Rights-Managed licenses is determined through individual consultation based on intended use, duration, geographic scope, exclusivity requirements, and other relevant factors. All Rights-Managed licenses require separate written agreement and cannot be obtained through the standard website purchasing process.
3.3 License Selection and Binding Effect
By completing any transaction through hiscreationstock.com, Licensee automatically enters into a Royalty-Free License Agreement. Rights-Managed licensing requires separate negotiation and execution of specific license terms. Once selected and payment is processed, the applicable license type becomes immediately binding and non-refundable.
4. GRANT OF RIGHTS AND SCOPE OF LICENSE
4.1 Royalty-Free License Grant
Subject to full compliance with all terms and conditions of this Agreement, Licensor hereby grants to Licensee a non- exclusive, worldwide, perpetual license to use, reproduce, display, perform, distribute, and create derivative works from the licensed Stock Footage. This grant includes the right to incorporate Stock Footage into commercial projects, marketing materials, websites, social media content, broadcast productions, and any other lawful purpose without additional royalty payments or usage fees.
4.2 Geographic and Temporal Scope
The license granted herein provides worldwide usage rights with no geographic restrictions. For Single Purchase transactions, the license is perpetual and survives indefinitely. For Subscription Service users, the license becomes perpetual for all Stock Footage downloaded during any active subscription period, regardless of subsequent subscription status.
4.3 Medium and Format Rights
Licensee may use Stock Footage across all media formats and distribution channels, including but not limited to digital platforms, print materials, broadcast television, streaming services, theatrical releases, mobile applications, and emerging technologies. The license includes the right to modify, edit, crop, resize, and otherwise adapt Stock Footage to suit Licensee’s specific requirements.
4.4 Attribution Requirements
No attribution, credit, or acknowledgment of Licensor is required for any use of Stock Footage under this Agreement. Licensee may use Stock Footage without any reference to His Creation Stock, hiscreationstock.com, or any associated branding.
4.5 Rights-Managed License Scope
Rights-Managed licenses are individually negotiated and documented in separate written agreements. The scope of rights granted under Rights-Managed licenses may include exclusive usage rights, extended duration terms, premium content access, and other customized provisions not available under the standard Royalty-Free framework.
5. USAGE RESTRICTIONS AND PROHIBITED USES
5.1 Resale and Redistribution Prohibition
Licensee is strictly prohibited from reselling, redistributing, sublicensing, or otherwise transferring the raw Stock Footage files to any third party. This prohibition includes but is not limited to sharing files through peer-to-peer networks, cloud storage services, stock footage marketplaces, or any other distribution mechanism. Licensee may not make Stock Footage available for download by others or incorporate Stock Footage into competing stock footage libraries or services.
5.2 Content-Based Restrictions
Licensee shall not use Stock Footage in connection with adult content, pornographic materials, political campaigns, defamatory materials, illegal activities, or any content that could reasonably be considered offensive, discriminatory, or harmful to Licensor’s reputation. This restriction extends to any use that promotes violence, hatred, discrimination based on protected characteristics, or activities that violate applicable laws or regulations.
5.3 Trademark and Logo Restrictions
Licensee may not use Stock Footage in a manner that suggests endorsement by any person, entity, or brand depicted in the footage. Stock Footage may not be used as or incorporated into trademarks, service marks, logos, or other proprietary identifiers without express written consent from Licensor and all necessary third parties.
5.4 Model and Property Release Limitations
Licensee acknowledges that Stock Footage may contain recognizable individuals, private property, copyrighted works, or other elements requiring additional clearances for certain commercial uses. Licensee assumes full responsibility for obtaining any necessary model releases, property releases, or other permissions required for Licensee’s specific intended use.
5.5 Competitive Use Restrictions
Licensee may not use Stock Footage to create competing stock footage services, libraries, or marketplaces. Stock Footage may not be used as the primary content for websites, applications, or services that compete directly with Licensor’s business model or market position.
6. PAYMENT TERMS, PRICING STRUCTURE, AND REFUND POLICY
6.1 Standard Pricing Structure
Single Purchase licenses are priced at ten dollars ($10.00) per Stock Footage clip. Monthly Subscription Service is priced at forty dollars ($40.00) per calendar month, providing access to download up to forty (40) Stock Footage clips during each subscription period. Rights-Managed licensing is priced individually based on specific usage requirements and negotiated terms.
6.2 Educational and Non-Profit Discounts
Qualified Educational Institutions and Non-Profit Organizations are eligible for a ten percent (10%) discount on all Single Purchase and Subscription Service fees. Discount eligibility requires verification of status through appropriate documentation. Rights-Managed licensing discounts are negotiated individually and may vary from standard discount rates.
6.3 Payment Processing and Terms
All payments must be made in full at the time of purchase or subscription activation. Licensor accepts payment through standard electronic payment methods as available on hiscreationstock.com. Subscription Service fees are charged monthly in advance and automatically renew unless cancelled by Licensee.
6.4 No Refund Policy
All sales are final and non-refundable once Stock Footage has been downloaded or accessed by Licensee. This no-refund policy applies to Single Purchase transactions, Subscription Service fees, and Rights-Managed licensing fees. Licensee acknowledges that digital content delivery constitutes complete performance of Licensor’s obligations, making refunds inappropriate and commercially impractical.
6.5 Tax Responsibilities
Licensee is responsible for all applicable taxes, duties, and governmental charges related to the purchase and use of Stock Footage. Licensor’s pricing does not include any taxes unless specifically stated otherwise.
7. SUBSCRIPTION TERMS AND DOWNLOAD LIMITATIONS
7.1 Monthly Download Allowance
Subscription Service provides access to download up to forty (40) Stock Footage clips per calendar month. Download allowances reset on the first day of each calendar month and do not carry over to subsequent months. Unused downloads expire at the end of each monthly period.
7.2 Subscription Continuity and Cancellation
Subscription Service continues on a month-to-month basis until cancelled by Licensee or terminated by Licensor in accordance with this Agreement. Licensee may cancel subscription at any time through account management tools on hiscreationstock.com. Cancellation becomes effective at the end of the current billing period.
7.3 Perpetual Rights to Downloaded Content
Licensee retains perpetual usage rights to all Stock Footage downloaded during any active subscription period, regardless of subsequent subscription status. These perpetual rights survive subscription cancellation, non-renewal, or termination and remain subject to all other terms and conditions of this Agreement.
7.4 Subscription Interruption and Restoration
If subscription payments fail or accounts become delinquent, download access is immediately suspended until payment issues are resolved. Restoration of subscription benefits requires successful payment processing and may involve additional fees or penalties as determined by Licensor.
8. EDUCATIONAL AND NON-PROFIT LICENSING
8.1 Discount Eligibility Verification
Educational Institutions and Non-Profit Organizations must provide appropriate documentation to verify discount eligibility. Acceptable documentation includes tax-exempt certificates, accreditation letters, or other official recognition of educational or non-profit status. Licensor reserves the right to request additional verification and to revoke discount privileges if eligibility cannot be confirmed.
8.2 Discount Application and Limitations
The ten percent (10%) discount applies to base licensing fees for Single Purchase and Subscription Service transactions.
Discounts do not apply to taxes, processing fees, or other charges. Educational and non-profit discounts cannot be combined with other promotional offers or discounts.
8.3 Institutional Use Requirements
Educational and non-profit discounts are intended for use in furtherance of the organization’s educational or charitable mission. Commercial use by educational institutions or non-profit organizations may require standard commercial licensing rates depending on the specific nature and scope of the intended use.
9. LICENSE TERMINATION AND VIOLATION ENFORCEMENT
9.1 Automatic Termination Triggers
This Agreement and all rights granted hereunder terminate automatically and immediately upon any material breach by Licensee, including but not limited to unauthorized resale or redistribution of Stock Footage, use in prohibited content categories, or failure to comply with usage restrictions. Termination occurs without notice and without opportunity to cure violations.
9.2 Liquidated Damages for Violations
Upon termination for breach, Licensee shall immediately pay liquidated damages equal to fifty times (50x) the original licensing fee for each piece of Stock Footage involved in the violation, with a minimum penalty of five hundred dollars ($500) per violation. These liquidated damages represent a reasonable estimate of Licensor’s actual damages, which would be difficult to calculate precisely due to the nature of intellectual property violations.
9.3 Injunctive Relief and Additional Remedies
Licensor may seek immediate injunctive relief to prevent continued violations without posting bond or proving inadequacy of monetary damages. Liquidated damages do not preclude Licensor from pursuing additional legal remedies, including but not limited to actual damages, profits derived from violations, attorney’s fees, and costs of enforcement.
9.4 Survival of Obligations
Termination does not relieve Licensee of obligations that by their nature should survive, including but not limited to payment obligations, indemnification duties, warranty disclaimers, and dispute resolution requirements.
10. INDEMNIFICATION AND LIABILITY PROTECTION
10.1 Comprehensive Indemnification Obligation
Licensee agrees to indemnify, defend, and hold harmless Licensor, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses (including reasonable attorney’s fees and costs) arising from or relating to Licensee’s use of Stock Footage, breach of this Agreement, or violation of any third-party rights.
10.2 Scope of Indemnification Coverage
The indemnification obligation covers all legal claims related to Licensee’s use of Stock Footage, including but not limited to copyright infringement, trademark violations, privacy rights violations, defamation claims, and any other intellectual property or personal rights claims. This obligation extends to claims arising from Licensee’s modification, combination, or integration of Stock Footage with other materials.
10.3 Defense and Settlement Authority
Licensor may assume exclusive defense and control of any matter subject to indemnification, and Licensee shall cooperate fully in such defense. Licensee may not settle any claim subject to indemnification without Licensor’s prior written consent.
Licensor’s assumption of defense does not relieve Licensee of indemnification obligations.
10.4 Notice and Cooperation Requirements
Licensee must provide prompt written notice of any claim or potential claim subject to indemnification. Failure to provide timely notice may limit or eliminate indemnification obligations to the extent Licensor is prejudiced by such delay. Licensee shall provide reasonable cooperation and assistance in the defense of any indemnified claim.
11. WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 Complete Warranty Disclaimer
STOCK FOOTAGE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LICENSOR SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
11.2 No Guarantee of Availability or Quality
Licensor makes no warranties regarding the availability, accessibility, or quality of Stock Footage. Licensor does not warrant that Stock Footage will meet Licensee’s requirements, be error-free, or function without interruption. Technical specifications, file sizes, and resolution information are provided for reference only and are not guaranteed.
11.3 Third-Party Rights Disclaimer
Licensor makes no warranties regarding the clearance of third-party rights in Stock Footage, including but not limited to model releases, property releases, trademark clearances, or other intellectual property rights. Licensee assumes all responsibility for determining whether additional clearances are required for intended use.
11.4 Limitation of Liability
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SPECIFIC STOCK FOOTAGE GIVING RISE TO THE CLAIM.
12. MODEL RELEASE AND PROPERTY RELEASE REQUIREMENTS
12.1 Customer Responsibility for Clearances
Licensee acknowledges and agrees that Licensor provides Stock Footage “as is” without any representation or warranty regarding the availability or adequacy of model releases, property releases, or other third-party clearances. Licensee assumes complete responsibility for obtaining any and all releases, permissions, or clearances necessary for Licensee’s intended use of
Stock Footage.
12.2 Risk Allocation for Recognizable Subjects
Stock Footage may contain recognizable individuals, private property, copyrighted artwork, trademarked products, or other elements that may require additional clearances for certain commercial uses. Licensee acknowledges that the risk of claims arising from the use of such elements is allocated entirely to Licensee, and Licensor shall have no liability for any such claims.
12.3 Due Diligence Requirements
Licensee agrees to conduct appropriate due diligence regarding the need for additional clearances based on the specific nature and scope of intended use. This due diligence may include consultation with legal counsel, review of applicable laws and regulations, and assessment of potential third-party rights that may be implicated by the intended use.
12.4 Indemnification for Release-Related Claims
The indemnification obligations set forth in Section 10 specifically include claims arising from the absence or inadequacy of model releases, property releases, or other third-party clearances. Licensee’s indemnification obligations apply regardless of whether Licensee conducted due diligence or sought legal advice regarding clearance requirements.
13. DISPUTE RESOLUTION AND ARBITRATION
13.1 Mandatory Binding Arbitration
Any and all disputes, claims, or controversies arising from or relating to this Agreement, the breach thereof, or the relationship between the parties shall be resolved exclusively through binding arbitration rather than in courts of general jurisdiction. This arbitration requirement applies to all claims, whether based in contract, tort, statute, or any other legal theory.
13.2 Arbitration Procedures and Rules
Arbitration shall be conducted in Webster County, Georgia, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator selected in accordance with AAA procedures. The arbitrator shall have authority to award any remedy or relief that would be available in a court of competent jurisdiction.
13.3 Arbitration Costs and Fees
Each party shall bear its own attorney’s fees and costs in connection with arbitration proceedings, except that the arbitrator may award attorney’s fees and costs to the prevailing party if permitted by applicable law. Arbitration filing fees and arbitrator compensation shall be allocated in accordance with AAA rules unless otherwise agreed by the parties.
13.4 Limited Exceptions to Arbitration
Notwithstanding the mandatory arbitration requirement, either party may seek injunctive relief or other equitable remedies in courts of competent jurisdiction to prevent irreparable harm or to enforce intellectual property rights. Such court proceedings shall be limited to injunctive relief and shall not preclude arbitration of underlying disputes.
13.5 Contact Information for Legal Matters
All notices, demands, and communications related to disputes, violations, or legal matters shall be directed to
legal@hiscreationstock.com. This email address serves as the official contact point for all licensing questions, violation reports, and legal correspondence.
14. GOVERNING LAW AND JURISDICTION
14.1 Georgia State Law Governs
This Agreement shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14.2 Webster County Jurisdiction
To the extent that court proceedings are necessary or permitted under this Agreement, the parties consent to the exclusive jurisdiction of the state and federal courts located in Webster County, Georgia. The parties waive any objection to venue in such courts and agree that such courts provide a convenient forum for the resolution of disputes.
14.3 Federal Copyright Law Application
While Georgia state law governs contractual interpretation and enforcement, the parties acknowledge that federal copyright law under Title 17 of the United States Code provides the foundational framework for intellectual property rights in Stock Footage. Any conflicts between state contract law and federal copyright law shall be resolved in favor of federal law to the extent required by the Supremacy Clause.
14.4 Compliance with DMCA Requirements
Licensor maintains compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), and related federal regulations governing digital content distribution. Licensee’s use of Stock Footage must comply with all applicable federal and state laws regarding digital content, copyright protection, and intellectual property rights.
15. MODIFICATION OF TERMS AND NOTICE REQUIREMENTS
15.1 Right to Modify Agreement Terms
Licensor reserves the right to modify, amend, or update this Agreement at any time in its sole discretion. Modifications may include changes to pricing, usage restrictions, licensing terms, or any other provisions of this Agreement.
15.2 Notice of Modifications
Licensor shall provide thirty (30) days advance notice of any material modifications to this Agreement. Notice shall be provided through email to Licensee’s registered email address, posting on hiscreationstock.com, or other reasonable means of communication. Notice is deemed effective when sent, regardless of whether Licensee actually receives or reads the notice.
15.3 Acceptance of Modifications
Continued use of Stock Footage or hiscreationstock.com services after the thirty (30) day notice period constitutes Licensee’s acceptance of the modified terms. If Licensee does not agree to the modifications, Licensee’s sole remedy is to discontinue use of Stock Footage and cancel any active subscriptions.
15.4 No Retroactive Effect
Modifications to this Agreement apply only to Stock Footage licensed after the effective date of the modifications. Previously licensed Stock Footage remains subject to the terms and conditions in effect at the time of licensing, except that general provisions such as dispute resolution, governing law, and indemnification may apply retroactively to the extent permitted by law.
16. GENERAL PROVISIONS
16.1 Entire Agreement and Integration
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No terms or conditions other than those contained in this Agreement shall be binding upon the parties unless agreed to in writing and signed by both parties.
16.2 Severability and Reformation
If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations.
16.3 Assignment and Transfer Restrictions
Licensee may not assign, transfer, or delegate any rights or obligations under this Agreement without the prior written consent of Licensor. Any attempted assignment, transfer, or delegation without such consent shall be void and of no effect. Licensor may freely assign or transfer its rights and obligations under this Agreement without restriction or notice to Licensee.
16.4 Waiver and Modification Requirements
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced. No failure or delay by either party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
16.5 Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement that is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other causes beyond the reasonable control of such party, provided that such party gives prompt written notice of such cause to the other party and uses reasonable efforts to remedy the situation.
16.6 Survival of Provisions
The following provisions shall survive termination or expiration of this Agreement: payment obligations, indemnification, warranty disclaimers, limitation of liability, dispute resolution, governing law, and any other provisions that by their nature should survive termination.
16.7 Headings and Construction
The headings and captions used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement. The use of the singular shall include the plural and vice versa. The use of any gender shall include all genders.
16.8 Electronic Signatures and Records
This Agreement may be executed electronically, and electronic signatures shall have the same force and effect as original signatures. Electronic records of this Agreement and related transactions shall be maintained by Licensor and shall constitute sufficient evidence of the terms and conditions agreed to by the parties.
ACKNOWLEDGMENT OF AGREEMENT
By purchasing, downloading, or otherwise accessing Stock Footage from His Creation Stock through hiscreationstock.com, Licensee acknowledges that Licensee has read, understood, and agrees to be bound by all terms and conditions of this Agreement.
Effective Date: This Agreement becomes effective upon Licensee’s first access to or use of Stock Footage and remains in effect until terminated in accordance with the provisions herein.
Contact Information: For questions regarding this Agreement or licensing matters, contact legal@hiscreationstock.com.