Terms of Service for Magical Stock Art

Last Updated: [Date]

1. Acceptance of Terms

By accessing or using the Magical Stock Art website (the “Site”) and/or purchasing a membership, you (“Member” or “you”) agree to be bound by these Terms of Service (“TOS”). If you do not agree to these TOS, do not use the Site or purchase a membership.

2. Membership and Licensing

• Membership Grant: Upon payment of the applicable membership fee, Magical Stock Art grants you a non-exclusive, non-transferable, royalty-free license to use the stock art images, illustrations, and other visual content (the “Artwork”) available on the Site, subject to the terms and restrictions outlined in these TOS.
• Copyright Ownership: All Artwork remains the exclusive property of Rebecca Tolk and Jen Palmer (“Magical Stock Art” or “we”). Copyright is NOT transferred to Members.
• Permitted Uses: Subject to the restrictions below, you may use the Artwork for:
  
  • Personal projects
  • Commercial projects, including but not limited to websites, social media, marketing materials, print materials, and product packaging.
• Restrictions: You may NOT:
  
  • Resell, redistribute, or sublicense the Artwork.
  • Use the Artwork in a way that competes with Magical Stock Art’s business.
  • Use the Artwork in pornographic, defamatory, or otherwise unlawful content.
  • Claim authorship of the Artwork.
  • Use the Artwork in any way that infringes on the rights of others.
  • Use the artwork in print on demand services (unless express written permission has been given)
• Download Limits: Your membership includes [Number] downloads per month. Unused downloads do not roll over to the next month.
• Image Formats and Resolution: Downloads are provided in [File formats, e.g., JPG, PNG]. Included downloads are optimized for online use (72 ppi). High-resolution (300 ppi) images for commercial use may be available for separate purchase.

3. Membership Term and Termination

• Term: Your membership will continue for the period you have selected (e.g., monthly, annually) and will automatically renew unless you cancel your membership prior to the renewal date.
• Cancellation: You may cancel your membership at any time through your account settings on the Site. No refunds will be provided for partial months.
• Termination by Magical Stock Art: Magical Stock Art reserves the right to terminate your membership at any time for violation of these TOS.

4. Intellectual Property

All content on the Site, including but not limited to the Artwork, text, graphics, logos, and software, is the property of Magical Stock Art and is protected by copyright and other intellectual property laws.

5. Disclaimer of Warranties

The Site and the Artwork are provided “as is” without any warranties of any kind, either express or implied. Magical Stock Art disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.   

6. Limitation of Liability

To the fullest extent permitted by law, Magical Stock Art shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or the Artwork.   

7. Governing Law

These TOS shall be governed by and construed in accordance with the laws of [Your State/Jurisdiction].

8. Changes to TOS

Magical Stock Art reserves the right to modify these TOS at any time. We will notify you of any material changes by posting the updated TOS on the Site. Your continued use of the Site after such changes constitutes your acceptance of the revised TOS.

9. Contact Information

If you have any questions about these TOS, please contact us at: [Your Contact Information]

Key things to add/consider with a lawyer:

• Specifics about usage rights: Clearly define what “commercial use” and “personal use” mean in your context. Address specific uses like print-on-demand, templates, etc.
• Model releases: If any Artwork features recognizable people, ensure you have appropriate model releases.
• Indemnification clause: This protects you if a member’s use of the Artwork leads to legal action.
• Dispute resolution: Specify how disputes will be handled (e.g., arbitration, mediation).
• Refund policy: Clearly state your refund policy (or no-refund policy).
• Severability clause: If one part of the TOS is deemed invalid, the rest remains in effect.