Collective License Agreement

This is a license agreement between you and BirthPro Market that explains how you can use paid content that you license from BirthPro Market through the Collective Membership. By downloading content from BirthPro Market, you accept the terms of this agreement.

1) Type of License

This is a non-exclusive, limited-use license for up to 10 employees working for the same business. This license applies to content downloaded from BirthPro Market. All of this content, whether video, gifs, or photos, is subject to the same rules of use. Due to the nature of this product, there are no refunds whatsoever.

2) How Can I Use Licensed Content?

You are permitted to use this content in any way that is not restricted (see below). Subject to those restrictions and the rest of this agreement, the rights granted to you by BirthPro Market are:

  • Perpetual: There is no expiration or end date on your rights to use the content.

  • Non-exclusive: You do not have exclusive rights to use the content.

  • Unlimited: You can use the content in an unlimited number of projects and in any media you choose, provided you are registered as a member with BirthPro Market.

Your license to create new uses for images expires when your paid subscription ends, either through termination or failed payment. This means that when your subscription is terminated, you immediately lose the license and legal right to create any new media using BirthPro Market images. However, your license to previously used images is a lifetime license.

Any images used on your website, social media, in print, or in any other media prior to termination may remain in place for your lifetime. However, you may not repost, reuse, or reconfigure these images in any way.

For the purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of the content. Examples of permitted uses include:

  • Websites

  • Blog posts

  • Social media

  • Advertisements

  • Marketing campaigns

3) Restricted Uses

  • No Unlawful Use: You may not use the content in any unlawful manner.

  • No Pornographic Use: You may not use the content in any manner deemed pornographic by authorities, state, custom, or by BirthPro Market.

  • No Defamatory Use: You may not use the content in any defamatory manner.

  • No Standalone File Use: You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (i.e., separate from the project or end use).

  • Sensitive Use Disclaimer Required: If you use content featuring models or property in connection with a sensitive subject (e.g., sexually transmitted diseases, smoking while pregnant), you must indicate that the content is for illustrative purposes only and that any person depicted is a model. For example: "Stock photo. Posed by model."

  • No False Representation of Authorship: You may not falsely claim to be the original creator of a work that is largely made up of licensed content.

  • No Products for Resale: You may not use content in goods or services for resale where the primary value lies in the content itself (e.g., cards, apparel, posters). This includes "on-demand" products (e.g., those customized by third parties via platforms like Zazzle or CafePress).

4) Who, Besides Me, Can Use the Licensed Content?

The rights granted to you are non-transferable, meaning you cannot transfer them to anyone else. The Collective Membership license covers businesses with up to 10 individuals. Each individual may access and download imagery from BirthPro Market. However, the license to use these images on media platforms (e.g., social media, websites) is extended only to the collective entity itself. Individual members of the collective may not use the images for their separate projects.

5) Intellectual Property Rights

  • Ownership: All licensed content is owned by BirthPro Market or the artists who supply the content. All rights not expressly granted in this agreement are reserved by BirthPro Market and the content suppliers.

  • Attribution: Photo credit is not required.

6) Content Withdrawal

BirthPro Market may discontinue licensing any content at any time at its sole discretion. Upon notice from BirthPro Market, or upon your knowledge, that any content may be subject to a third-party claim, BirthPro Market may require you to immediately cease using the content, delete or destroy any copies, and ensure that your clients, distributors, and/or employer do the same. Replacement content (determined by BirthPro Market at its discretion) will be provided free of charge.

7) Indemnification and Limitation of Liability

  • Indemnification of BirthPro Market: You agree to defend, indemnify, and hold harmless BirthPro Market and its affiliates, officers, directors, and employees from all damages, liabilities, and expenses (including reasonable outside legal fees) arising out of any breach of this agreement by you or anyone acting on your behalf.

  • Limitation of Liability: BirthPro Market will not be liable for punitive, special, indirect, consequential, or incidental damages arising out of this agreement.

8) General Provisions

  • Assignment: This agreement is personal to you and is not assignable without prior written consent from BirthPro Market. BirthPro Market may assign this agreement to any affiliate or successor entity.

  • Severability: If any provision of this agreement is found invalid or unenforceable, the remaining provisions will remain in full force and effect.