⚡PixelVibe media comes with simple to use licensing terms.

Permitted 🙂

• ✅ Small resolution photos can be downloaded for free, attribution is appreciated so we can continue offering free photos.
• ✅ AI Generated Photos can be used commercially.
• ✅ Higher resolution photos must be purchased.
• ✅ AI Generated Photos are royalty-free.

Not permitted 😟

• 🚫 Using photos from PixelVibe for a similar or competing service.
• 🚫 AI Generated Photos from PixelVibe cannot be sold without significant modification.
• 🚫 AI Generated Photos from PixelVibe cannot be used and sold on other stock platforms.
• 🚫 Using software to download photos from PixelVibe (”scraping”).

Longform

LAST UPDATED: September 2022

This is a license agreement between you and PixelVibe, operated by Rosebud AI, Inc., that explains how you can use photos, illustrations, vectors, and video clips (individually and collectively, "content") that you license from PixelVibe. By downloading content from PixelVibe, you accept the terms of this agreement.

1. What types of licenses does PixelVibe offer? PixelVibe offers three types of license models: royalty-free ("RF"), full-ownership ("FO") and free photos ("F"). Royalty-free does not mean there is no cost for the license. Instead, royalty-free means that the license fee is paid once and there is no need to pay additional royalties if the content is re-used. Royalty-free content is licensed for worldwide, unlimited, perpetual use, and pricing is based on the file size.
2. How can I use licensed content? You may use licensed content in any way consistent with the rights granted below and not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by PixelVibe is:
   • RF: Perpetual, meaning there is no expiration or end date on your rights to use the content. Worldwide, meaning content can be used in any geographic territory. Unlimited, meaning content can be used an unlimited number of times. Any and all media, meaning content can be used in print, in digital or in any other medium or format. Non-Exclusive, meaning that you do not have exclusive rights to use the content. PixelVibe can license the same content to other customers. If you would like exclusive rights to use royalty-free content, please contact PixelVibe to discuss a buy-out. Limited to the specific use, medium, period of time, print run, placement, size of content, and territory selected, and any other restrictions that accompany the content on the PixelVibe website (or any other method of content delivery) or in an order confirmation or invoice. Non-Exclusive, meaning that, unless otherwise indicated on the website, your invoice, sales order or separate agreement, you do not have exclusive rights to use the content. PixelVibe can license the same content to other customers.
   • F: PixelVibe grants you an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use photos from PixelVibe for free, including for commercial purposes, without permission from or attributing the photographer or PixelVibe. This license does not include the right to compile photos from PixelVibe to replicate a similar or competing service.
   • FO: PixelVibe grants you an irrevocable, exclusive, worldwide copyright license to download, copy, modify, distribute, perform, resell, and use photos you generated (labeled with the key-icon) from PixelVibe, including for commercial purposes, without permission from or attributing the photographer or PixelVibe.

For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of. Please make sure you read the Restricted Uses section below for exceptions.

1. Restricted Uses.
   • No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.
   • 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).
   • 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 artwork based solely on licensed content and claim that you are the author.
   • No Public Figures. If you create images of public figures like celebrities or politicians or even non-public figures like someone’s grandmother, and those people can be identified, those people have certain publicity rights that we don’t own and can’t give you permission to exploit. So if you want to use any image that includes an identifiable person, logo, or character for any commercial purposes, we recommend that you get permission first.
2. Restricted Uses - unless additional license purchased. The following are prohibited without the prior written consent of PixelVibe and payment of an additional license fee:
   • No 'On-Demand' Products. Unless explicitly authorized in a PixelVibe invoice, sales order confirmation or license agreement, you may not use content in connection with "on-demand" products (e.g., products in which a licensed image is selected by a third party for customization of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
   • No Electronic Templates. Unless explicitly authorized in a PixelVibe invoice, sales order confirmation or license agreement, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).
   • No Use in Trademark or Logo. Unless explicitly authorized in a PixelVibe invoice, sales order confirmation or license agreement, you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
   • No Metadata Exploitation. Unless expressly authorized by PixelVibe, you may not use the caption information, keywords, accompanying text, or other metadata associated with content separate and apart from the content, or allow any third parties to access or use any such information associated with content.
   • No NFT Use of Editorial Content or Rights-Ready Video Content. Unless explicitly authorized in a PixelVibe invoice, sales order confirmation or license agreement, you may not use any items of content marked "editorial" or "intended for editorial" or any rights-ready video content in connection with an immutable digital asset intended for sale or other distribution (such as a non-fungible token).
3. Who, besides me, can use the licensed content? The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
   • Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights purchased may only belong to you or your employer/client, depending on who is named as the "Licensee" at the time of purchase. In other words, if you purchase a royalty-free image, only one of you (and not both) may re-use that image for multiple projects.
     • Sharing and Storage Restrictions for RF Content. Please note that sharing and storage restrictions apply for royalty-free content. Up to 10 individuals (total, not at any given time) may use an item of content, and all individuals must be from the same legal entity, however you may make RF content available for viewing by any of your employees, clients and subcontractors. There are no restrictions on where each individual may store the content. The raw file of content may not be provided to anyone outside of your legal entity other than subcontractors. If you require content to be available to more than 10 users, please contact PixelVibe to purchase rights for additional users.
   • Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.
4. User Accounts. You will be responsible for tracking all activity for each user account, and you agree to: (a) maintain the security of all passwords and usernames; (b) notify PixelVibe immediately of any unauthorized use or other breach of security; and (c) accept all responsibility for activity that occurs under each user account. PixelVibe reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If PixelVibe determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.
5. Intellectual Property Rights.
   • Who owns the content? All of the licensed content is owned by PixelVibe. All rights not expressly granted in this agreement are reserved by PixelVibe. You may not assert any right to revenue from a collecting society, social media website, content sharing platform or any other third party in respect of photocopying, digital copying, sharing, distribution or other secondary uses of the licensed content.
   • Do I need to include a photo credit? You do not need to include a photo credit for commercial use.
   • Can I use the PixelVibe name or logo, or the name and logos of its content suppliers? You may use the name of PixelVibe and/or its content suppliers as necessary to give attribution, but you may not otherwise use their names, logos, or trademarks without prior written approval.

PixelVibe uses an artificial intelligence system trained on public datasets to produce its Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks you hold. We respect rights holders internationally. If you believe your copyright or trademark is being infringed by the Service, please write to [email protected] and we will process your request.

1. Fees and Renewal. Upon expiration of the term, if your subscription is set to AUTOMATICALLY RENEW, you authorize PixelVibe to charge or you agree to pay, the applicable subscription fees at the then applicable rate and taxes for the subscription according to your payment information on file. You may change your auto-renewal preferences in your PixelVibe account. Your subscription may only be cancelled as set out in Section 8(b). PixelVibe may deactivate your subscription without prior notice if PixelVibe is unable to complete a transaction through the payment information provided by you.
2. Termination/Cancellation/Withdrawal.
   • Termination. PixelVibe may terminate this agreement at any time if you breach any of the terms of this or any other agreement with PixelVibe, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to PixelVibe in writing that you have complied with these requirements.
     • Social Media Termination. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, the rights granted for such use shall immediately terminate, and in that event, upon PixelVibe' request, you agree to remove any content from such platform or website.
   • Refunds/Cancellation. All requests for refunds/cancellations must be made in writing or using the cancellation function on the PixelVibe' website. Provided that the request is made within 30 days and the licensed content has not been used, PixelVibe may cancel the relevant order and issue a full refund to your account or credit card. No credits or refunds are available for cancellation requests received more than 30 days from your receipt of content, or for research, lab, service or subscription fees, all of which are non-refundable. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
   • Content Withdrawal. PixelVibe may discontinue licensing any item of content at any time in its sole discretion. Upon notice from PixelVibe, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which PixelVibe may be liable, PixelVibe 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. PixelVibe will provide you with replacement content (determined by PixelVibe in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
3. Representations and Warranties. PixelVibe makes the following representations and warranties:
   • Warranty of Non-Infringement. For all licensed content (excluding content marked "access only"), PixelVibe warrants that your use of such content in accordance with this agreement and in the form delivered by PixelVibe (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any copyrights or moral rights of the content owner/creator.
   • Additional Warranties for Certain Content.
     • RF: For licensed royalty-free content (excluding content marked "editorial" or "intended for editorial"), PixelVibe warrants that your use of such content in accordance with this agreement and in the form delivered by PixelVibe (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any trademark or other intellectual property right, and will not violate any right of privacy or right of publicity.
   • Warranty Disclaimer. Unless specifically warranted above, PixelVibe does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content, and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as "editorial" or "intended for editorial" and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release. You also acknowledge that organisers of sports, news and entertainment events sometimes impose contractual restrictions on commercial use of content captured at their events. You are also solely responsible for payment of any amounts that may be due under, and compliance with any other terms of, any applicable collective bargaining agreements as a result of your use of the licensed content.
   • Caption/Metadata Disclaimer. While PixelVibe has made reasonable efforts to correctly categorize, keyword, caption and title the content, PixelVibe does not warrant the accuracy of such information, or of any metadata provided with the content.
   • No Other Warranties. Except as provided in this section above, the content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. PixelVibe does not represent or warrant that the content or its websites will meet your requirements or that use of the content or websites will be uninterrupted or error free.