The subsequent Terms of Service ("TOS") constitute a legally binding agreement between you, your employer, or another entity representing your interests ("you" or "Customer") and Soldonce. It outlines the rights and responsibilities concerning any Content that you license.

Please refer to this TOS whenever you acquire Content licenses. Soldonce retains the right to amend the TOS at its discretion and without prior notice. Before such changes take effect, Soldonce will make reasonable efforts to inform you of the modifications. This notification may be sent via email to the email address associated with your Soldonce account, through an announcement on this page, your login page, or by other means. Any alterations to this TOS will only apply to future purchases (including automated renewals). By licensing Content after such modifications, you agree to be bound by the modified TOS.

THIS AGREEMENT GRANTS A LICENSE TO ONE INDIVIDUAL, ALLOWING THEM TO LICENSE, DOWNLOAD, AND USE CONTENT. UNLESS YOU UPGRADE TO A "TEAM SUBSCRIPTION" OR "PREMIER PLATFORM" ACCOUNT, NO OTHER INDIVIDUALS (INCLUDING EMPLOYEES, COLLEAGUES, OR CONTRACTORS) MAY ACCESS YOUR ACCOUNT OR USE CONTENT LICENSED THROUGH YOUR ACCOUNT.

IF YOU PURCHASE A "TEAM SUBSCRIPTION," THE RIGHT TO LICENSE, DOWNLOAD, AND USE CONTENT IS LIMITED TO THE NUMBER OF USERS ALLOWED BY THAT TEAM SUBSCRIPTION. SOLDONCE'S "PREMIER PLATFORM" PROVIDES ACCESS AND USAGE RIGHTS TO UNLIMITED USERS, AMONG OTHER ADDITIONAL RIGHTS.

If you require access and usage rights for more than one individual, please get in touch with Customer Service (Email: customerservices@soldonce.com). To clarify, if a user is acting as an employee, the employer will be considered the licensee for the license purposes.

"Content" refers to all the material available for licensing on the Soldonce website. "Image(s)" represents AI-generated still photographs, drawings, graphics, and similar items. 
 

PART I – AI-GENERATION

Our platform utilizes artificial intelligence technology to generate images. These AI-generated images are created based on algorithms and data inputs, and may not depict real individuals, places, or objects. While we strive to provide accurate and high-quality AI-generated images, we cannot guarantee the completeness, reliability, or suitability of the images for any particular purpose.

You understand and acknowledge that the AI-generated images are solely for illustrative or creative purposes and should not be relied upon as factual representations. The ownership and intellectual property rights of the AI-generated images remain with our platform, and you are granted a non-exclusive, non-transferable license to use the AI-generated images subject to the terms and conditions outlined herein.

You agree to use the AI-generated images responsibly and in compliance with applicable laws, regulations, and intellectual property rights. You shall not use the AI-generated images in a manner that infringes upon the rights of any third party, including but not limited to copyright, trademark, or privacy rights. Furthermore, you acknowledge that the AI-generated images may not be free from errors, omissions, or inaccuracies, and you use them at your own risk.

We reserve the right to modify, suspend, or terminate access to the AI-generated images at any time without prior notice. We shall not be liable for any damages, losses, or liabilities arising out of or in connection with your use of the AI-generated images.

By accessing or using the AI-generated images, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, you should refrain from using AI-generated images. 

PART II – VISUAL CONTENT LICENSES

Soldonce hereby grants you a non-exclusive, non-transferable right to utilize, modify (except as expressly prohibited herein), and reproduce Visual Content globally, indefinitely, as expressly permitted by the applicable license and subject to the limitations outlined herein. By Visual Content, we are referring to all AI-generated images found on our site.

IMAGE LICENSES
A STANDARD IMAGE LICENSE provides you with the authority to utilize our AI-generated images in the following ways:

• As a digital representation, including on websites, in online advertisements, on social media platforms, in mobile advertisements, mobile applications ("apps"), software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing, and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget restrictions specified in subsection I.a.i.4 below);
• Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertisements, CD and DVD cover art, or in the advertising and text of tangible media, including magazines, newspapers, and books, provided that no Image is reproduced more than 1,000,000 times in total;
• As part of an "Out-of-Home" advertising campaign, including on billboards, street furniture, etc., provided that the intended audience for such campaign is less than 1,000,000 gross impressions. Incorporated into films, videos, television series, advertisements, or other audio-visual productions for distribution in any medium, whether currently known or developed in the future, without consideration for audience size, provided that the budget for any such production does not exceed USD $50,000;
• For your personal, non-commercial use only (not for resale, downloading, distribution, or any other commercial use).

AN ENHANCED IMAGE LICENSE provides you with the right to use Images (which rights are in addition to those granted in 1-5 above and exclusive to Enhanced Image Licenses):

• In any manner permitted under a Standard Image License, without limitations on the number of reproductions, impressions, or budget;
• In wall art (without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not intended for sale. Incorporated as elements of digital templates for sale or distribution.
• Incorporated into merchandise intended for sale or promotional distribution (collectively referred to as "Merchandise"), including, but not limited to, textiles, artwork, magnets, wall art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates additional creative or functional elements separate from the Image(s).

If the rights granted by the Standard or Enhanced Image licenses do not meet your requirements, please contact Customer Service. (customerservices@soldonce.com)
 

RESTRICTIONS ON THE USE OF VISUAL CONTENT

YOU MAY NOT:

• Utilize Visual Content in any way other than what is expressly permitted by the license you obtained for that specific Visual Content.
• Present any individual depicted in Visual Content (referred to as a "Model") in a manner that would reasonably be deemed offensive, including but not limited to depicting a Model:

1. in association with pornography, "adult videos," adult entertainment establishments, escort services, dating services, or similar contexts;
2.  in connection with the advertisement or promotion of tobacco products;
3. in a political context, such as endorsing, advertising, or promoting any political party, candidate, or elected official, or relating to any political policies or viewpoints;
4. as suffering from, or seeking treatment for, a physical or mental illness; or
5. engaging in immoral or criminal activities.

• Employ any Visual Content in a pornographic, defamatory, or misleading context, or in a manner that could be considered libelous, obscene, or illegal.
• Resell, distribute, grant access to, share, or transfer any Visual Content unless explicitly permitted herein. This includes but is not limited to, displaying Content as part of a "gallery" of content from which third parties can search and select.
• Use Visual Content in a manner that infringes upon any third party's trademarks or other intellectual property rights, or that could result in a claim of deceptive advertising or unfair competition.
• Utilize any Visual Content (in whole or in part) as a trademark, service mark, logo, or any other indication of origin, or as a component thereof. Misrepresent, explicitly or implicitly, that you or any person other than the copyright holder(s) of the Visual Content created said Visual Content.)

CREDIT AND COPYRIGHT NOTICES
 

The utilization of Images and Video in association with news reporting, commentary, publishing, or any other "editorial" context, shall be accompanied by an adjacent acknowledgment to the SoldOnce contributor and to SoldOnce in substantially the following form: "Name of Artist/SoldOnce.com" Editorial acknowledgments shall take the following form: "Name of Artist / Agency / SoldOnce" If and when commercially feasible, the utilization of Images or Video in Merchandise or an audio-visual production shall be accompanied by an acknowledgment to SoldOnce in substantially the following form: "Image(s) or Video (as applicable), used under license from SoldOnce.com" Acknowledgment attributions are not obligatory in connection with any other use of Video or Images unless another stock content provider is given credit for the same use. It is important to note that attribution is always required for Editorial content. In all cases, the acknowledgment shall be of sufficient size, color, and prominence to be easily and clearly readable without aid.

While SoldOnce makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated as "Editorial Use Only", SOLDONCE MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; OR II) AUDIO IN VIDEO. To clarify, SoldOnce will not indemnify or be liable for any claims arising from inaccurate keyword, titles or descriptions, or any audio in Video. SOLDONCE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.

While SoldOnce makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, SOLDONCE MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS. To clarify, SoldOnce will not indemnify or be liable for any claims arising from inaccurate keywords, titles or descriptions, or any audio in Video. SOLDONCE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.
 

PART III - ADDITIONAL TERMS

Except when required by law, SoldOnce shall not be obligated to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize SoldOnce to charge you all subscription fees for the duration of the agreed term at the time of purchase. If SoldOnce determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be processed using the original payment method used by you for the purchase. If you reside in the European Union and cancel your account within fourteen (14) days of making payment to SoldOnce, provided that you have not downloaded or licensed any Visual Content, SoldOnce will refund the payment made by you for the canceled account. To cancel your account, please contact Customer Service. (Email: customerservices@soldonce.com).

Upon the expiration of your subscription plan, the plan will automatically renew on the same terms as your original plan purchase. You can disable automatic renewal at any time before the renewal through your account settings. You explicitly grant SoldOnce the right to charge you for each automatic renewal until you disable automatic renewal in a timely manner. The fees charged by SoldOnce are exclusive of taxes, and all applicable taxes, whether direct or indirect, shall be added to any fees related to the products you are purchasing. If SoldOnce is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods, and services tax, etc.) under the laws of your state or country of residence, you are responsible for paying any such indirect tax. Where SoldOnce or you are obligated to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.

The term "Non-transferable" as used herein means that except as specifically provided in this TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer Content or the right to use Content to anyone. However, you may make a one-time transfer of Content to a third party for the sole purpose of enabling such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein. If you become aware that any social media website uses any Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site and promptly notify SoldOnce of each such social media website's use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content, please contact Customer Service. (Email: customerservices@soldonce.com).

Upon notice from SoldOnce or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which SoldOnce may be liable, or if SoldOnce removes any Content due to perceived business risk as determined in SoldOnce's reasonable discretion and notifies you of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical). If possible, you will cease any future use of the removed Content at your own expense. SoldOnce shall provide you with comparable Content (which comparability will be determined by SoldOnce's reasonable commercial judgment) free of charge, but subject to the terms and conditions of this TOS. If you use any Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to SoldOnce upon SoldOnce's reasonable request.

Arbitration.
Any dispute or claim arising out of or relating to this TOS or the breach thereof shall be settled through binding individual (not class) arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or the International Centre for Dispute Resolution in effect on the date of the arbitration commencement, rather than in court. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The arbitration shall be conducted in English. There shall be one arbitrator agreed upon by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) any claim arising solely from the alleged failure of the Customer to pay fees due to SoldOnce. This arbitration provision will survive the termination of this TOS.

YOU AND SOLDONCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both you and SoldOnce agree, no arbitrator or judge may consolidate more than one person's claims or preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and SoldOnce acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this TOS. If a court determines that applicable law prohibits the enforcement of any of the limitations in this Part V, Section 7 regarding a specific claim for relief, then that claim (and only that claim) must be separated from the arbitration and may be brought in court.
 

Neither party may assign this agreement, without the prior written approval of the other party, except that SoldOnce may assign this agreement to a subsidiary, an affiliated company within the SoldOnce group, the entity that results from a merger or other corporate reorganization involving SoldOnce, or an entity that acquires all or substantially all of SoldOnce's assets or capital stock. This TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof.

If you are entering into this TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to SoldOnce for any breaches of the terms of this TOS. You hereby grant SoldOnce a worldwide, non-exclusive, limited license to use your trademarks in SoldOnce's promotional materials, including a public customer list. SoldOnce's use of your trademarks shall at all times conform to your then-current trademark use policies as made available to SoldOnce and shall at all times inure to your benefit. SoldOnce further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt by SoldOnce of your email request to legal-notices@soldonce.com.

The number of Content downloads available to you is determined by the product you purchase. For the purposes of this TOS, a day is defined as the twenty-four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on January 5, it will renew on February 5. If you purchase a monthly subscription on October 31, your subscription will renew on November 30. Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase hereunder shall apply only to the first payment made in connection with such purchase.

If any individual term of this TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term or any other part of this TOS, so that this TOS shall otherwise remain in full force and effect. You expressly agree that any feedback provided to you by SoldOnce or its representatives regarding any questions you may have about this TOS or your use of Content licensed hereunder is solely for the purpose of interpreting this TOS and is not legal advice. SoldOnce cannot render legal advice to you and expressly disclaims any liability of any kind related to any feedback provided by SoldOnce or its representatives.

It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties. In the event that you breach any of the terms of this or any other agreement with SoldOnce, SoldOnce shall have the right to terminate your account without further notice, in addition to SoldOnce's other rights at law and/or equity. SoldOnce shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach. Except as expressly set forth in the applicable license and warranties sections herein, SoldOnce grants no rights and makes no further warranties. SoldOnce only has model or property releases where expressly indicated on the SoldOnce website.

SoldOnce's liability under any individual license purchased hereunder shall not exceed the "Limit of Liability" applicable to the license in effect at the time you know or should have known of the claim, and is without regard to the number of times the subject Content is licensed or used by you. Except as specifically provided in Part IV hereof, in no event will SoldOnce's total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the SoldOnce websites and/or Content contained thereon (whether in contract, tort, or otherwise) exceed the monetary amount actually received by SoldOnce from you for the applicable Content license.

Neither SoldOnce nor any of its officers, employees, managers, members, shareholders, directors, or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential, or incidental damages, or lost profits or any other damages, costs, or losses arising out of your use of the Content, SoldOnce's breach of this agreement, or otherwise, unless expressly provided for herein, even if SoldOnce has been advised of the possibility of such damages, costs, or losses. Some Content may contain elements that require additional clearance if the Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required. SoldOnce does not warrant that the Content, SoldOnce websites, or other materials will meet your requirements or that use will be uninterrupted or error-free. The entire risk as to the quality, performance, and use of the Content is solely with you. In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting SoldOnce, SoldOnce will promptly file a complaint with www.ic3.gov, the internet crime complaint center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.