Once you sign up to a PhotoSpin account, you have total access to all of the content available for your selected tier, provided you follow the Usage Guidelines below. We make it easy for you to use our files for virtually any purpose -- except to compete with us.
PhotoSpin content may be used for the following: Advertising campaigns, promotional print materials, brochures, product packaging, professional and personal Web pages, interactive multi-media campaigns, newsletters, presentations, and logos. PhotoSpin content may be used as backgrounds and objects to make unique "images."
USAGE GUIDELINES
Most of the photos, illustrations, web art images, video, clip art, sound and fonts (the "Content") in the PhotoSpin collection are licensed or owned by third-party sources. By signing up to a PhotoSpin account, you are permitted to use, modify, and publish the content subject to the following restrictions.
You are permitted to use the Content as long as all of the following conditions are met:
- Your web pages and your clients' web pages do not give permission to download and save the images for any reason.
- The use of the content is not to create a product which is similar to or competes with any of the features on PhotoSpin.com (www.PhotoSpin.com), such as the creation and re-selling of stock photography collections, calendars, t-shirts or other items. If you do wish to re-sell any content in the PhotoSpin collection, please contact sales@photospin.com for more information.
- The Content that you are using is available in the PhotoSpin account that you have selected.
- Redistribute the Content as stock photography, illustration, clip art, web art, sounds, video, or fonts, without explicit written permission.
- You are not permitted to post PhotoSpin images in your flickr™ , myspace™ or any other photo sharing website. This is a direct violation of our intended uses.
- Use any of the Content of an identifiable person (living or dead) for any commercial purpose unless marked "Model Released."
- Use any of the Content related to identifiable individuals or entities for any commercial purposes or in a manner which implies their endorsement of or association with any product, service, or entity unless marked "Model Released (
)." - Use specific government, company, or persons' names, initials, and emblems for any commercial purposes or to express or imply endorsement or sponsorship of any commercial product, service, or activity.
- Create obscene or scandalous works, as defined by the Federal Government at the time the work is created, using the Content or any modification of the Content.
- Share your access information, including user ID and password, with other parties. Logging into the PhotoSpin web site from more than 2 computers using the same user ID and password constitutes theft of services and the account will be terminated.
PhotoSpin grants you the non-exclusive right to copy the PhotoSpin "Content" onto your computer hard drive and to use the PhotoSpin content and any derivatives or copies (collectively, the "content") on one computer and with one user at a time. You may not copy the contents of this website for any other purpose. Please note that this is a license, not a sale.
By purchasing a membership to the Service, you are granted a license to use PhotoSpin.com content. There is no limit on how many content files you use. However, in order to better protect your access to the Service, and for us to be able to provide better service to other clients as well, we reserve the right to limit the number of daily downloads if we believe you are excessively downloading images.
The use of the files is limited to the number of users for which the membership was purchased. The "Professional Subscription", by way of example is for only one (1) user having two computers using only one (1) computer at a time. If you require a multi user license please contact PhotoSpin directly at 1-888-246-1313.
You understand and agree that PhotoSpin may, in its sole discretion, (a) monitor anything you download from the PhotoSpin website, as frequently as PhotoSpin in its sole discretion determines, for any violation of this agreement, (b) flag all users who download more than 50 files per day, as such activity indicates potential EULA ( End User License Agreement) violations or abuse of a username and password, possible identity theft, and/or perhaps you have "shared" your user ID and password with someone else so that they could use your PhotoSpin.com account at no cost (c) track any abuse of your username and password in connection with the PhotoSpin website or in connection with this agreement, (d) discontinue your service if PhotoSpin believes you are storing or archiving files for future projects to use after your subscription has expired* and (e) terminate your account, without notice, if PhotoSpin believes you or someone using your account to be in any violation of this agreement and/or any abuse of your username and password. If your account is terminated for any violation of this agreement and/or any abuse of a username or password, you lose all rights to PhotoSpin Content and must immediately delete all Content acquired from PhotoSpin.
* Please note that this provision is to protect You, your clients and PhotoSpin in the event that a file needs to be removed from PhotoSpin.com for any perceived potential legal liability. Thus by archiving images for use at a later time you are opening yourself and your clients to potential legal liability that might arise by using images no longer available on the PhotoSpin.com web site.The "content" may be copied, modified and incorporated into materials for personal or professional company use and in advertising and promotional materials for you or your clients provided the purpose of the product you create is not to redistribute the "content" or "contents" provided in whatever manner or medium.
The rights to use the content on the PhotoSpin site extend to the length of the subscription. Upon termination of subscription all usage rights revert back to PhotoSpin. (Note- You will no longer have the right to use any files stored or archived for future or upcoming projects. You will continue to have the rights to use any file currently being used in a project until the project is redesigned or altered in any manner.) You must re - apply annually to renew your usage rights. PhotoSpin reserves the right to discontinue distribution of any file without prior notice.
ADDITIONAL RIGHTS AVAILABLE
If you are unsure of your rights under this agreement, or wish to use the "content" in a manner not expressly permitted by this agreement, such as in products for sale, please contact info@photospin.com for information and additional licensing options.
Additional usage rights can be purchased on a per file and / or per project basis by contacting PhotoSpin directly at 1-888-246-1313. Not all license upgrades will be accepted and will be determined on a project by project basis. PhotoSpin reserves the rights to reject any upgraded application.
CONSENT TO TERMS
By activating a PhotoSpin membership, you agree to comply with PhotoSpin's Terms of Service. If any third party brings a claim, lawsuit, or other proceeding against PhotoSpin based on your conduct or use of PhotoSpin materials, you agree to compensate PhotoSpin (including its officers, directors, employees, and agents) for any and all losses, liabilities, damages, or expenses, including attorney's fees, incurred by PhotoSpin in connection with any such claim, lawsuit, or proceeding.
PhotoSpin is the final arbiter of how one IS and IS NOT allowed to use our files. Further, PhotoSpin reserves the right to modify or remove anything submitted to PhotoSpin, and to cancel any membership, at any time for any reason, without prior notice. PhotoSpin is not obliged to maintain backup copies of any material submitted to us. Actions or activities that may cause termination of your membership include, but are not limited to:
- Using in the registration of your PhotoSpin membership an email account that is not your own or that becomes inactive. You are responsible for maintaining a valid email account.
- Requesting a charge back, or otherwise causing payment for a PhotoSpin membership to be stopped or rescinded (this is obviously not applicable to any "free" or "trial" memberships).
USE OF CUSTOMER INFORMATION
The customer information that you submit to PhotoSpin remains your property, but by submitting that information to PhotoSpin you grant PhotoSpin the right to use that information for marketing to members. In addition, PhotoSpin reserves the right to release current or past member information in the event PhotoSpin believes that the membership is being or has been used in violation of the Terms of Service or to commit unlawful acts, if the information is subpoenaed, or when PhotoSpin deems it necessary or appropriate. By agreeing to the conditions of these Terms of Service, you hereby consent to disclosure of any record or communication to any third party when PhotoSpin, in its sole discretion, determines the disclosure to be appropriate.
"AS-IS, WHERE-IS"
Your use of PhotoSpin services are at your sole risk. All PhotoSpin services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
PhotoSpin makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the PhotoSpin service.
DENIAL OF RESPONSIBILITY
PhotoSpin is not responsible for the use of PhotoSpin files by PhotoSpin members in any web pages, periodicals, or other documents. The opinions and views expressed by PhotoSpin's members or visitors do not necessarily represent those of PhotoSpin, and PhotoSpin does not verify, endorse, or vouch for the content of pages or documents created by PhotoSpin members.
Further, PhotoSpin is not responsible for the delivery or quality of any goods or services sold or advertised through or on PhotoSpin members' page(s). If you believe that any of the visual content provided by PhotoSpin violates your proprietary rights, including copyrights, please contact PhotoSpin at info@photospin.com or call at (888) 246-1313.
MEMBER RESPONSIBILITY, CAUTIONS
You are solely and fully responsible for any PhotoSpin files that become part(s) of web pages, periodicals, or other documents you post or distribute. We do not regularly review the contents of materials created or posted by our members or other visitors to our site. We strongly recommend against posting or otherwise distributing any of the following types of content, whether you obtained it from PhotoSpin or other source(s); to do so could involve you in litigation, for which we in no way would be responsible.
- Material of a lewd, lecherous, or obscene nature and intent, or that violates local, state, and national laws.
- Any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights; a good rule of thumb: if you don't own the copyright or have express authorization and documented permission to use it, don't use it. Please read the full text of the PhotoSpin Usage Guidelines to verify that your proposed use of PhotoSpin files is acceptable.
- Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; this includes the posting of other people's private information.
- Content that promotes, encourages, or provides instructional information about illegal activities.
- Any software, information, or other material that contains a virus, "Trojan Horse," "worm," corrupted data, or any other harmful or damaging component; hate propaganda or hate mongering; or fraudulent material or activity.
PhotoSpin reserves the right to change or amend these Terms of Service at any time without prior notice. By activating a PhotoSpin membership (paid, free, trial, or otherwise), you signify your agreement to these Terms of Service.
Please write to info@photospin.com if you have additional questions.