Freelancer 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 Freelancer Membership. By downloading content from BirthPro Market, you accept the terms of this agreement.

1) Type of License

Non-exclusive, limited-use license for one business owner and their client work. 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 by failed payment. This means that when your paid subscription is terminated, you immediately lose the license and legal right to create any new media using BirthPro Market images. From the point of termination, you and your clients may no longer post new images on social media, on your website, or use our images in any further type of media. 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 may remain in place for your lifetime. However, you and/or your clients may not move or reuse the same images in a different way, repost previously used images, or use previously used images in any new form in any media.

For the purposes of this agreement, “use” means copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of. Examples of how you can use licensed content include websites, blog posts, social media, advertisements, and marketing campaigns.

5) 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 (meaning just the content file itself, separate from the project or end use).

  • Sensitive Use Disclaimer Required: If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (e.g., sexually transmitted diseases, smoking while pregnant, etc.), you must indicate:

    1. That the content is being used for illustrative purposes only, and

    2. Any person depicted in the content is a model. For example, you could say: "Stock photo. Posed by model."

  • No False Representation of Authorship: 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 a painting based solely on licensed content and claim that you are the author.

  • Products for Resale: You may use content in connection with client work such as website creation, social media posts, marketing material, and similar projects. However, you may not sell content that is not in conjunction with a project. Once you have completed your client work, the client’s content must stay in place. If your client requires more content or wishes to move content around, this must either be done by you, or the client can purchase content directly from BirthPro Market.

The Freelancer Member may not resell BirthPro Market media without reasonable changes. The value cannot be solely contained in the BirthPro Market media. All products for resale must contain a reasonable value addition by the Freelancer Member. For example, a Freelancer Member may add BirthPro Market images to a website they are building for a client or design social media posts for a client using BirthPro Market media. A Freelancer Member is not permitted to sell BirthPro Market images for use in social media without adding captions, scheduling, or some other value to the imagery.

6) Who, besides me, can use the licensed content?

The rights granted to you are non-transferable, meaning you cannot transfer them to anyone else. This means that you may not give access to any affiliated individuals or businesses. The Freelancer Membership license covers the Membership owner as well as their direct clients. Only the Freelancer Member may access the BirthPro Market content and imagery. The Freelancer Member may use this media for their client work without further charges. For example, a Freelancer Member may build a website for a client, use BirthPro Market images, and the client can use these images on their website with a lifetime license.

7) Intellectual Property Rights

  • Ownership: All of the licensed content is owned either 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: You do not need to include a photo credit.

8) Content Withdrawal

BirthPro Market may discontinue licensing any item of content at any time in its sole discretion. Upon notice from BirthPro Market, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which BirthPro Market may be liable, BirthPro Market may require you to immediately, and at your own expense, cease using the content, delete or destroy any copies, and ensure that your clients, distributors, and/or employer do likewise. BirthPro Market will provide you with replacement content (determined by BirthPro Market in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.

9) Indemnification/Limitation of Liability

  • Indemnification of BirthPro Market by you: You agree to defend, indemnify, and hold harmless BirthPro Market and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors, and employees from all damages, liabilities, and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.

  • Limitation of Liability: BIRTHPRO MARKET WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER SIMILAR DAMAGES, COSTS, OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF BIRTHPRO MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.

10) General Provisions

  • Assignment: This agreement is personal to you and is not assignable by you without BirthPro Market’s prior written consent. BirthPro Market may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

  • Severability: If one or more of the provisions in this agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.