Can I use it, or cannot?

[Lorelei]

I am just slightly confused by the way one stock photo site is formulating their license. I am talking about this site:
http://www.stockxpert.com/info.phtml?f=help&s=12_4

You may use our royalty-free images for:

• web pages and other electronic distribution systems.

You may NOT:

• use our content as part of an electronic template or application to create multiple impressions of a product (greeting cards, business cards, web page designs, etc.).

So, if I make a free wordpress theme that will be distributed free (with sponsored footer links that are not disclosed as sponsored), I can't use the images I downloaded from them or not? Should I give credits to the original photographer in this case..? I just dont have much experience with that site and will appreciate an advice. Thanks!

[Cricket]

In my opinion, no, you may not.

I recommend asking the stock photo site that you made the purchase from though.

[kristeejo]

I would say nope.

[Lorelei]

thanks for your replies! From what I understood, in that website you can obtain a "commercial license" that allows you unlimited reselling for $50 per pic. So yes, the standard "royalty free" license only basically only allows personal use.

[krahmaan]

Originally Posted by Lorelei

So, if I make a free wordpress theme that will be distributed free (with sponsored footer links that are not disclosed as sponsored), I can't use the images I downloaded from them or not? Should I give credits to the original photographer in this case..? I just dont have much experience with that site and will appreciate an advice. Thanks!

This seems to be a very good question!

I looked at the site and the 'may' and 'may not(s)'. It seems to me that StockXpert WILL let you to use its images. The big catch is that they don't want you to try and put them out of business foremost. By claiming you are their service. They also state that they don't want you to use the images to sell a specific product like web page designs, business card layouts, or different styles of greeting cards with their images.

The do state that it is 'ok' to use the images to test promotions, publications and for the use of a 'single' layout creation - not multiple. Like your wordpress theme. It seem that you can get away with it, as long as it stay the same layout and you’re not selling different themes to other people with the images!

You stated that you wanted to use your created theme with the image layout for a 'free distribution, promotion, or publication' - right? So it seems as long if you're not selling the wordpress themes themselves then it's ok. That would almost be like taking people away from visiting the StockXpert site, when they could buy the ‘already made’ -w/images themes directly from you. That would infringe on their business, so I think you're in the clear.

If still in doubt, contact them directly:
StockXpert.com/contact_us