Membership Agreement
by TJ Stock Marketing Agency Inc.
Last updated: October 30th, 2025
You (the “Member”) understand that by accessing, clicking, joining, or otherwise enrolling, electronically, verbally, or otherwise, to the Editorial Stock Images Membership (the “Membership”) you agree to be provided with stock imagery and/or stock videography (the “Stock Product”) under a specified license of use in exchange for Membership fees. The Membership is provided by TJ Stock Marketing Agency Incorporated, a federally incorporated company in Canada doing business as Editorial Stock Images (the “Company”), having a website of www.editorialstockimages.com (the “Website”) and hereby understand that you are entering into a legally binding Agreement with the Company and are subject to the following terms and conditions. By using the Membership, the Member represents that they are at least 18 years old and have the requisite mental capacity to agree to be bound by these Terms and Conditions.
OVERVIEW OF MEMBERSHIP LICENSE
The Company offers the following Membership Licenses:
Personal Membership Licence: The Personal Membership Licence applies to the Licensed Material for personal or business use exclusively in a digital context;
Agency Membership Licence: The Monthly, Quarterly, and Yearly Agency Membership Licence grants all the rights under the Personal Membership License, with the additional right to use the Licensed Material in Client Projects and deliverables and templated work including website, presentations, and social media use. The Monthly Agency Membership License may be used by up to five [5] employees or independent contractors engaged directly by the Member.
Enterprise Membership: The Enterprise Membership Licence grants all the rights under Monthly Agency Membership License. The Enterprise Membership Licence authorizes use of the Licensed Materials by the Licensee and up to ten [10] employees or independent contractors engaged directly by the Licensee. Enrollment in an Enterprise Membership shall be subject to additional terms and conditions.
Inquiries: Any use of the Licensed Materials through an Enterprise Membership or by more than ten [10] employees or independent contractors, or any use not expressly permitted under the aforementioned licences, shall require a customised membership license. For inquiries regarding extended or customised licences, please contact: support@editorialstockimages.com.
The table below summarises the different licences and the rights granted under each of the licences.
The purpose of this Agreement is to inform the Member of the Membership services and Membership Levels offered. The Company encourages the Member to read this Agreement carefully before accessing the Membership and/or using any of the services associated with the Membership selected at the checkout page.
DEFINITIONS
Agreement refers to this Membership Agreement that forms the entire agreement between the Member and the Company regarding your participation in the Membership;
Client Projects refers to deliverables to be delivered to clients of the Member and/or Member’s business;
Licensed Materials refers to any stock imagery, graphics, videography or other visual content provided by the Company acting as the Licensor;
Licensee or Member refers to the individual or entity enrolling in the Membership;
Membership refers to the services and Licensed Material accessed on the Membership Portal;
Membership Level refers to the Membership tier and License selected by the Member;
Membership Portal refers to the Membership platform accessed through the Company's Website through a username and password;
Personal Use refers to use that is not intended for or directed towards commercial advantage or monetary compensation.
TERM
2.1 Monthly Membership: For a Member that elects to enroll in monthly access to the Membership, the term shall commence upon the date of first access to the Membership and will remain in full force and effect on a monthly basis of thirty [30] days (the “Monthly Term”), after which, the term will automatically renew for another Monthly Term (the “Monthly Renewal Term”), unless earlier terminated in accordance with Section 8: Cancellation.
2.2 Quarterly Membership: For a Member that elect to enroll in quarterly access to the Membership, the term of shall commence upon the date of first access to the Membership and will remain in full force and effect for a term of three [3] months (the "Quarterly Term”), after which, the term will automatically renew for another Quarterly Term (the "Quarterly Renewal Term”), unless earlier terminated in accordance with Section 8: Cancellation.
2.3 Yearly Membership: For a Member that elect to enroll in yearly access to the Membership, the term of shall commence upon the date of first access to the Membership and will remain in full force and effect for a term of twelve [12] months (the “Yearly Term”), after which, the term will automatically renew for another Yearly Term (the “Yearly Renewal Term”), unless earlier terminated in accordance with Section 8: Cancellation.
(collectively the “Membership Term”).
MEMBERSHIP
3.1 The Member will have access to an extensive library of high-quality curated images, stock photography, videography and visual content. As part of the Membership, the Member will be able to download images under the selected Membership Level. The library will be regularly updated, and the Company may add new items to the Membership and may also remove some of the existing items if they are no longer able to provide them for stylistic purposes, legal reasoning or technical issues.
MEMBER CREDITS
4.1 The Member will receive a set number of credits per month for use within the Membership Portal pursuant to the Membership Level selected at checkout (the “Membership Credits”). The Member understands that downloading files within the Membership Portal will incur a deduction of Membership Credits of different values depending on the nature of the file. For clarity of this section, image files and video files will have differing Membership Credit values. Any unused Membership Credits remaining at the end the Monthly Term and each Monthly Renewal Period may rollover within the Member’s account for future use, subject to an active Membership.
MEMBERSHIP PRICE AND PAYMENT
5.1 The Member will pay a Membership fee as elected and outlined on the checkout page, subject to the Membership Level (the “Membership Fee”). The Member authorizes upon their first transaction for the Company to charge their credit card account provided in accordance with the Membership selected. The Membership Fee will be auto-charged on the same day monthly, quarterly, or annually subject to the Membership Level selected upon checkout for the duration of the Term and subsequent renewal term(s). The Member agrees to provide complete, current, and accurate payment information and to update the Company should any payment information change, prior to the payment due date. The Member will be liable for all of the payments for the term regardless of whether the Member continues to participate in the Membership or not.
5.2 In the event the Member defaults on a payment, the Member may receive a message from the Company upon the missed Membership Fee payment, presenting the Member an opportunity to update their credit card information. If there is a failure after five [5] days of unresolved failure of payment, the Company’s payment processing software will automatically attempt to reprocess any failed payment, if payment fails, the Company reserves the right to cancel the Membership.
5.3 The Member agrees that the charges on their credit card in compliance with sections 5.1, and 5.2 are irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The Member understands that doing so would be a material breach of this Agreement in which the Company would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. Should the Member not pay the amount submitted within ten [10] days, the Company will turn it over to a collections company. The Member further agrees that signing of this Agreement is proof of purchase and all that is necessary to establish to the credit card company, Company or banking institution to deny a chargeback to the Member.
5.4 The Member understands by accepting the payment terms herein, that they are voluntarily electing to participate in the Membership, and financially willing and able to invest in the Membership by choice as effected by their enrollment in the Membership herein. The Member is attesting that by doing so, they are not in any way incurring economic hardship and are aware of Section 6: Refund Policy.
5.5 The Member understands that the Company may alter the subscription price from time to time with three [3] months' notice to the Member. This will not affect any members on a subscription, however, if a Member would like to cancel their subscription and re-enroll, they may lose their preferred Member pricing.
5.6 In the event of any duplicate Membership Fee charges incurred by the Member, the Member should contact the Company for further discussion at: support@editorialstockimages.com.
REFUND POLICY
6.1 The Member understands that all sales are final and are not eligible for any refund under any circumstance, be it known or unknown now or in the future. The Member further understands that changing their mind about the Membership, failing to follow through or understand the details of the Membership, non-use of the Membership, not experiencing the results they expected or desired, or experiencing any other similar situations does not, under any circumstance, warrant a refund. The Member further accepts that disputing a charge through their own financial institution is a violation of this Agreement and agrees not to do so.
ACCOUNT CREATION AND DATA COLLECTION
7.1 The Company invites the Member to create an account with a username and password on the Company’s Membership portal (the “Membership Portal”). The Member is responsible for maintaining the confidentiality and security of their account and password, and for all activities that occur within their account. The Member shall notify the Company immediately of any unauthorized use of their account or password, or any other breach of security. As part of the account creation, the Member agrees to provide the Company with accurate, complete, and current information upon registration and will update their information as necessary. The Member must not use another member’s account with or without their permission, and must not share their account with another individual.
7.2 As part of the account creation, the Member understands and agrees that the Company may collect, use, and disclose aggregated, anonymized, or de-identified data and statistics derived from the Member’s access to and use of the Membership. This information may include but is not limited to the number of users, the frequency and duration of membership, the types of images and videos downloaded, the location of users, preferences and feedback, and other metrics and/or trends. The Company may use this data for their own purposes such as improvements and enhancements to the Membership and related services, conducting internal research and analysis, and generating reports and insights. The Company may share this data without identifying you, with their partners, sponsors, advertisers, and third parties.
CANCELLATION
8.1 The Membership shall be effective for the Membership Term selected at checkout and shall automatically renew unless terminated. To prevent automatic renewal for another term, the Member must cancel their Membership within the Membership Portal prior to the commencement of the billing cycle of the Monthly, Quarterly, or Yearly Renewal Period. If the Member experiences difficulty when cancelling their Membership, please contact: support@editorialstockimages.com.
8.2 The Member understands that the Company retains the right to and may limit, suspend, or terminate the Member’s access to any services sold on or in connection with the Company without refund if the Member (i) becomes disruptive or difficult to work with, (ii) fails to follow the terms herein or the Company guidelines, (iii) is using the Licensed Material in ways not permitted by the selected Membership Level, (iv) distributing, sublicensing, or providing the Licensed Material to any third party (v) using the Licensed Material in any form of merchandise or stock products for sale without proper authorization, (vi) claiming ownership of the Licensed Material or failing to attribute the Company where appropriate, (vii) using the Licensed Material in third party marketing and advertising channels without written permission, (viii) initiates a chargeback for the Membership Fees, or (ix) is found negatively speaking about the products and/or services offered by the Company in public forums without prior consultation with the Company. The Company agrees to provide notice to the Member prior to cancellation. The Membership will stay active until notice is provided and the Member will remain responsible for the required payment during the month of cancellation. The Member will be released of all further required payments thereafter.
8.3 Upon cancellation by the Member of the Company, the Member’s unused Membership Credits will be deleted from their account. The Member remains responsible for ensuring they use all unused Membership Credits prior to the date of cancellation as the Member will not be refunded for any unused Membership Credits.
8.4 For Members cancelling an Agency Membership, any Client Projects or works created utilizing the Licensed Materials prior to the date of cancellation will remain available in their original and unedited form in perpetuity. Further editing of works utilizing the Licensed Materials after the date of cancellation is prohibited.
8.5 The Company reserves the right to discontinue the Membership services for any reason, at any time to the public. In such instances, the Company will provide six [6] months notice to the Members prior to discontinuance. At the time of discontinuation, the Members account, access to the Membership, the Membership itself or any portion of the Membership will be discontinued.
MEDIA RELEASE AND TESTIMONIALS
9.1 The Member hereby grants full permission to the Company to photograph, and/or record the related activities in which they are participating as outlined in this Agreement. The Member acknowledges that the Company may use the photographs, motion pictures, videotapes, recording or any other record of the Member’s participation in any related activities for purposes of social media, website, advertising, online courses, archiving, and without limitation, commercial use (the “Media”). The Member hereby releases the Company from all claims in which the Member may have now or in the future for compensation of any kind arising out of the Member’s participation in said Media and acknowledges all such Media to be the exclusive property of the Company.
INTELLECTUAL PROPERTY AND GRANT OF LICENSE
10.1 All Licensed Materials and other materials produced and sold by the Company shall remain the express intellectual property of the Company, subject to third party agreements, and subject to the Membership Level election of the Member at checkout, the Member will be granted a limited license under the following terms (the “Limited License”):
Personal Membership License: The Company, acting in their capacity as the Licensor, grants the Member, now a Licensee, a non-exclusive, non-transferable, single license, to use the Licensed Material exclusively for Personal Use, or personal business use, with the understanding that the Member is the owner and/or founder of the business (the “Personal Authorized Use”).
Under the Personal License, the Member may:
Use the Licensed Material for Personal Authorized Use exclusively in a digital context, including use on websites, social media platforms, personal and business presentations or slide deck presentations, in downloadable PDF packages, internal software headings for project management or communication, in email marketing and newsletters and blog posts;
Modify the Licensed Materials only by resizing, cropping, or changing image orientation;
Overlay the Licensed Materials with text, screenshots, product designs, and PDF designs;
Use the Licensed Materials to create website opt-ins such as checklists, workbooks, PDFs, ebooks etc., provided that that the Licensed Materials are flattened and overlaid with text or graphics and cannot be extracted; and
Use Licensed Materials for unlimited electronic impressions in connection with the Personal Authorized Use.
The Member shall not:
Use the Licensed Material in any form of merchandise, physical product, or digital products for sale;
Use the Licensed Material in any downloadable format whereby a client or third party user may extract, copy, or reuse the Licensed Material;
Use the Licensed Material for or within any client deliverables, or share with employees and/or contractors, whether for free or for compensation; and
Distribute, sublicense, or provide the Licensed Material to any client or third party; or
Use the Licensed Material(s) contrary to Section 11: Unauthorized Use and Termination.
Agency Membership License: The Company, acting in their capacity as the Licensor, grants the Member, now a Licensee, a non-exclusive, non-transferable, single license, to use the Licensed Material, including all rights and prohibitions granted under the Personal Membership License. This License permits use in individualized and customized Client Projects, and the rights to create and sell templated projects as outlined herein. This License also permits use by up to five [5] employees or independent contractors engaged directly by the Licensee.
Under the Monthly Agency Membership License the Member May:
Use the Licensed Material to incorporate into Client Projects, provided the projects are individual, customized deliverables; and
Charge clients for the services provided using the Licensed Material.
Use the Licensed materials in the creation of digital products intended for resale, limited to website templates, presentation templates, social media templates or other customizable digital products for sale (the “Digital Products for Sale”);
The Member shall not:
Use the Licensed Materials in non-customized templated products intended for sale or distribution in any form to third parties or clients;
Distribute, sublicense, or provide the Licensed Material to any third party, except as part of the customized deliverable to Client Projects; and
Download Licensed Material during their active Membership Term for the purpose of future use after cancellation of the Membership;
After Membership cancellation, the Member may no longer create new Digital Products for Sale using the Licensed Material; or
Use the Licensed Material(s) contrary to Section 11: Unauthorized Use and Termination.
Enterprise Membership: For further information regarding individualized and customizable Enterprise Memberships, please contact the Company at: support@editorialstockimages.com.
UNAUTHORIZED USE AND TERMINATION
11.1 The Member may not engage in improper and/or unauthorized use of the Licensed Materials or any other information related to the Company's products, or services, unless otherwise explicitly authorized under the Member’s elected License herein. Improper and/or unauthorized use includes but is not limited to:
Modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use that is not expressly permitted herein;
Printing, publishing, or reproducing the Licensed Materials in any medium (including but not limited to book covers, billboards, magazines, pamphlets, brochures, posters, or other print media without the Company’s prior written consent. Printing the Licensed Materials will incur an additional license and fee, subject to the approval of the Company. For printing inquiries, please contact the Company at: support@editorialstockimages.com;
Incorporating the Licensed Materials into any merchandise, physical products, templates, stock assets, or other deliverables intended for resale, redistribution, or repeated use to third parties;
Delivering Licensed Materials to clients “as is,” in raw or unmodified form, or providing editable files that allow extraction of the Licensed Materials;
Using the Licensed Materials in any television, film, streaming, or broadcast production without the Company’s prior written consent;
Using the Licensed Materials in connection with artificial intelligence, machine learning, or training datasets;
Using the Licensed Materials as, or in connection with, any trademark, service mark, logo, business name, trade name, or trade dress; or
Any use in pornographic, obscene, defamatory, racist, hateful, unlawful, misleading, or deceptive content, including use that may give rise to claims of unfair competition or false advertising.
11.2 The Member shall not use the Licensed Material in any manner that is unlawful, harmful, or inconsistent with the rights granted under this Agreement. The Member shall not claim ownership of the Licensed Material and must attribute the Company where appropriate. The Company retains all rights, title, and interest in and to the Licensed Material, except for the limited rights expressly granted herein and subject to the Membership Level elected by the Member.
11.3 The Member understands and agrees that engaging in the prohibited use or the improper and/or unauthorized use of the Licensed Materials is considered theft and stealing, and the Company retains the right to prosecute theft to the full extent of the law. The Member agrees and understands that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offence.
11.4 The Member agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided through the Membership for any purposes other than for the allowable permissions outlined herein. If such behaviour is discovered or suspected, the Company reserves the right to immediately terminate the Member’s participation in the Membership without refund, as well as access to any additional materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
11.5 Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Company to the Member.
LINKS TO THIRD-PARTY WEBSITES
12.1 The Membership Portal and various channels may contain links to third-party websites and/ or resources, which are not maintained or related to the Company. All such linked websites, materials and pages are not under the control of the Company and the Company is not responsible for the content contained in any linked website nor for any losses or damages the Member may incur as a result of the use of any such website. The Member acknowledges and agrees that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. The Member understands that the Company accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites. The intended purpose of the links provided is to improve the Member’s use of the Membership, to enable the Member to connect with the Company on various platforms, and to help the Company offer the Membership.
NON-DISPARAGEMENT
13.1 The Member shall not at any time, either throughout or post their access to the Membership directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company and/or the Membership in any way.
PRIVACY AND CONFIDENTIALITY
14.1 The Member agrees to give the Company permission to keep a confidential record of the Member’s name, contact information, and payment information throughout the Membership. The Company has implemented commercially reasonable technical and organizational measures designed to secure Member content and associated data from accidental loss and from unauthorized access, use alteration, or disclosure. The Company cannot guarantee that unauthorized third parties will not be able to defeat those measures and/ or use the Member’s content or associated data for improper purposes. The Member acknowledges that all Member content and associated data is provided to the Company at their own risk.
LIMITATION OF LIABILITY
15.1 Disclaimer: The Company makes no representations, warranties, guarantees or promises verbally or in writing pertaining to the achievement of any level of results from the Member’s participation in, or use of the Membership. Results may include, but not be limited to, any increased quality of content, increased audience engagement and website traffic, increased conversion rates, brand consistency and alignment of content, originality of images and videos, predicted success, or similar results. The Member understands and accepts that any results are strictly of the Member’s and releases the Company from any liability or responsibility in the achievement of said results. The Member further understands that all services provided by the Company are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, or expectation or course of performance. The Member is choosing to purchase the Membership and engage with the Company on a purely voluntary basis and does not hold the Company responsible should the Member become dissatisfied with any portion of the Membership.
15.2 Limitation of Liability: The Member’s decision to enroll in the Membership, use the information contained therein the Company offers is purely voluntary, and the Member understands the Company is not responsible or liable for any harm or damage to the Member resulting from direct or indirect use of materials or content contained or sold on this Website. The Member agrees to hold the Company harmless from any damages directly or indirectly resulting from the use of the content, products or services sold or visible on the Company Website and/or distributed through email, social media marketing, or advertising, and further agrees that the applicant will not make any claims against the Company herein.
15.3 Indemnity: As a condition of access to the Membership, the Member hereby releases the Company and its directors and affiliates from and against any and all liabilities, expenses (which include legal fees) and damages arising out of claims resulting or arising from the Member’s use of the Membership.
15.4 Release of Claims: The Member releases any right to claims against the Company to the maximum extent as permissible under applicable law. The Member agrees that under no circumstances will the Company be liable to any party, for any type of damages resulting, or claiming to result from any use of, or reliance on, our Membership or content found therein, and the Member hereby releases the Company from any and all claims whether known now or discovered in the future.
WAIVER
16.1 Assumption of Risk: In consideration of being permitted to participate in the Membership with the Company, the Member agrees to assume full responsibility for any risks, injuries, and/ or damages, physical or mental, known or unknown, now or in the future, which they might incur as a result of the participation in the Membership with the Company. The Member knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of the Company, and the Member assumes full responsibility for their participation.
16.2 Waiver of Rights: The Member further understands they are waiving certain legal rights and agreed to be forever prevented from suing or otherwise claiming against the Company and its providers for any personal injury that they may sustain during their participation in the Membership with the Company
MODIFICATIONS
17.1 The Company reserves the right, at their sole discretion, to modify, replace or revise these terms and conditions of this Membership Agreement at any time and without notice. What constitutes a material change will be determined at their sole discretion. By continuing to access or use the Membership after those revisions become effective, the Member agrees to be bound by the revised terms. If the Member does not agree to the new terms, please stop accessing the Company’s Membership. The Company further reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the services (or any part thereof) or Stock Products, for any reason without notice.
SEVERABILITY
18.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
FORCE MAJEURE
19.1 Neither Party will be responsible for delays resulting from causes beyond their reasonable control, including without limitation fire, explosion, floods, storms, pandemics, state of emergency, hazardous situations, war, strike, or riot, and either party may choose to excuse themselves from further performance of their obligations under this Agreement if such occurrence materially affects the performance of Services. The party relying on Force Majeure will give the other party reasonable notice of their desire to terminate or suspend the Membership. Notwithstanding, all payments owing for Membership will remain due and payable with such amount to be determined by the Company.
APPLICABLE LAW
20.1 This Agreement shall be governed by the laws of the Province of British Columbia regardless of conflict of law principles, and regardless of the location of the Member. The Member understands this and agrees that the laws of British Columbia shall have exclusive jurisdiction over any disputes relating to this agreement.
BINDING EFFECT
21.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
CONTACT
22.1 If there are any questions about these Terms, the Company can be contacted at: support@editorialstockimages.com.
