Terms of Use
This web site is the property of PhotoSpin, Inc. The website is protected by US and international copyright laws.
1. INTRODUCTION. Our goal at PhotoSpin is to enable you to develop creative materials in a way that protects everyone involved, including you.

This is a binding legal agreement between PhotoSpin and you. If you do not agree with the terms, please contact us (below).

Please note that the terms of this Agreement may be changed from time to time by PhotoSpin, as described in Section 13 below. Those changes will not affect your use prior to the changes being made but only your use after the changes have been made and with your consent. If you do not agree to the terms, then you can cancel your subscription, as explained in Section 13 below.

Look at it this way. We give you a great price on our images so that you can use them in limited ways—to create marketing materials.

It is a prohibited use:
• If you make money selling one of our images, either as part of a product or by itself. (You need a different license: e-mail us by clicking here).
• If your grandmother would object to that use (for example, it’s obscene, unfair, unsightly or ugly).

Click here to see some good, bad and ugly uses.


What's the point of each type of PhotoSpin license?

Single subscriber? To let you create marketing and promotional materials for yourself (or, say, your company or school or institution or group) and for your clients. BUT, only YOU (not your colleagues, not your mother, not your friends, not even your grandmother) can use the license (and the Content).

More than one user? Same thing—create marketing and promotional materials. The only difference: The only people who can use the images are others who have a license under a multi-user license. Click here to obtain one.

Single Image License? Same thing—except you can only use the one image you purchased.

Commercial Use? This means that you want to put our images into a product and sell the product. You need a different license. Click here to obtain that license.
2. SUMMARY OF USES. Basically, according to this User Agreement, when you subscribe to the PhotoSpin service or you use any of the digital files (we'll call it Content from this point,) you agree to the following:
  • One Subscriber=One License. Here's the math. The License is ONLY for the Subscriber. That equates to one person on one computer at a time and a maximum of two computers (i.e., one at work and one at home). We understand that there's safety in numbers so click here for information on multi-user licensing.
  • Reselling is a No-No - No one is allowed to re-sell PhotoSpin Content--or create a product to sell--without a resale license. You cannot re-sell the Content, whether by itself or modified or as part of another product.
  • Leave the Storage to PhotoSpin. Leave the Storage to PhotoSpin. Archiving images is allowed in these two situations only:
    - for a published project where those PhotoSpin images were used;
    - for a current project where those PhotoSpin images may be a part of the final published project. All we're asking is to let us store the images you're not using. That's what we're here for.
  • Automatic Downloads are a No-No. You CANNOT use software that automates the process of pulling down Content.
  • Limited Duration of Rights. Simply, the rights extend for the duration of the subscription. You will still have the rights to Content in completed projects until the project is redesigned or altered in any manner.
  • Download Responsibly. Use Is Your Responsibility. PhotoSpin will have no liability whatsoever. This means, for example, lewd, abusive or defamatory use or use that infringes on someone else's rights will get you in trouble.
  • A Knowledgeable Subscriber is a Happy Subscriber. There is a LOT more in the User Agreement.
PhotoSpin cannot set forth every possible use or limitation--that's why you really need to read them in detail before you agree. Again, if you have different uses or other ideas, give us a shout.
eMail: license@photospin.com
phone: 888-246-1313
3. GRANT OF LICENSE. PhotoSpin grants the Licensee the non-exclusive license to use, reproduce, modify, publish, display and distribute the digital files at the URL www.PhotoSpin.com (including derivatives and copies of such files "Content") solely in accordance with this Agreement.

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. We currently offer a download limit of 50 images per day with the Premier Collection. The Premium Collection has a limit of 25 per day. If you require additional images for a specific project utilizing the Premier Collection, simply call our offices at 888-246-1313 or send and email request to downloads@photospin.com with the project you are working on and the number of images you'll require.
4. USE OF THE LICENSE. Your license permits you to use the Content to create advertising, marketing and promotional pieces for your customers, direct clients and yourself provided that the Content is not available for re-sale, whether by itself, modified or included in other products:
4.1. Your Use. Only you, the Licensee, are permitted to:
  • · Download and use the Content on one computer at a time and a maximum of two computers (one at home and one at the office);
  • · Incorporate the Content into certain Materials (defined below);
  • · Save the Content for the period of preparing Material;
  • · Copy and modify the Content while it is on those computers;
  • · Under certain circumstances sub-license to clients the right to display the Content online as part of the Material; and
  • · Archive for backup purposes only the Content.
    • "Material" means documents (electronic or otherwise) and websites for persona, professional or company use in advertising, promotional, educational, film, television, on-air broadcast, informational materials for: you or your current and prospective: clients; colleagues; investors; partners; and audiences. This definition of Material excludes any materials for commercial gain through the direct or indirect sale of the Content or any product including the Content. Examples of Material are:
  • · Advertisements
  • · broadcast productions
  • · multimedia presentations
  • · websites (as a design element)
  • · media articles, newsletters
    • "Licensee" means the subscriber to PhotoSpin or any user of the Content.
    4.2. Certain Prohibited Uses. You, the Licensee, are not permitted to:
  • · Products. Use Content for stock photography or image collections, calendars, t-shirts, coffee mugs or other such items, templates of any sort, or any product for sale or re-sale, book covers or other uses that PhotoSpin in its sole and absolute discretion, determines and posts to its website;
  • · Access for someone else. Provide access to the Content (other than viewing the Content that is available for public viewing at the website, www.photospin.com or public display Materials) to any other person;
  • · 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;
  • · Multiple computers. Store the Content on one of more computers, network, servers except as provided in Section B)(1) above;
  • · Model Releases. Unless Content is indicated "Model Released" on the website, www.photospin.com , or by written (including e-mail) communications from an authorized representative of PhotoSpin, use any of the Content that includes an identifiable person (living or dead) or entity for any purpose including, without limitation, explicit or implicit endorsement of or association with any product, service, or entity;
  • · Endorsements. 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;
  • · Nasty Uses. Use the Content in any way that violates the letter or the spirit of Section entitled "Member Responsibilities; Cautions" below; and
  • · Other Users. Permit others to use the Content.
    • 4.3. Display by Your Clients: You, the Licensee, may grant a sub-license to those who pay you for such work the right to reproduce, publish, display and distribute the Content only as part of the Material and only if the Content is not sold in any form to anyone. For purposes of display of any Material that is a website, the Content (solely as part of such Material) may reside on servers necessary for viewing via the Worldwide Web.
    5. THE TERM. PhotoSpin grants such license for the following periods:
    5.1. For those with a license to a Single Image: In perpetuity, as long as you use the Content in a manner consistent with this Agreement (which means that your rights will terminate if you violate this Agreement).
    5.2. For subscribers, one year from the date of payment for your subscription unless your account is terminated by PhotoSpin because you violated this Agreement;
    5.3. For those using the Content because it is part of Material (like a website you have done for someone, etc.) then:

    (a) If the Material incorporates Content used under a Single Image License, then in perpetuity.

    (b) If the Material incorporates Content used because you are a Subscriber, then for as long as such Material is not modified or altered in any way; and

    For the purpose of archiving:
    (a) For Single User Licenses, in perpetuity.
    (b) For subscribers, for one year beyond the expiration of your subscription (including any renewal periods).
    6. DETERMINATION OF RIGHTS. PhotoSpin is the final arbiter of how one IS and IS NOT allowed to use the Content, www.photospin.com, and/or any other products, services, features and functionality by or on behalf of PhotoSpin. 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 (in addition to those specified elsewhere in this Agreement), 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 or 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).
    6.1. Additional Rights Available. If you are unsure of your rights under this Agreement, or wish to use the Content in a manner prohibited by this agreement, such as in products for sale, please contact license@photospin.com .
    7. PHOTOSPIN RIGHTS OF REVIEW. You understand and agree that PhotoSpin may, in its sole discretion,
  • · monitor anything you download from the PhotoSpin website, as frequently as PhotoSpin in its sole discretion determines;
  • · determine the maximum number of files of Content that can be downloaded in any given period (currently fifty (50) files of Content per day, but subject to change without notice);
  • · track any abuse of your username and password in connection with the PhotoSpin website or in connection with this Agreement;
  • · discontinue your service if PhotoSpin believes you are storing or archiving files in violation of this Agreement (such as storing the Content for future projects to use after your subscription has expired*); or
  • · 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, 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. Thus, by archiving images for use at a later time you are opening yourself and your clients to potential legal liability from third parties.
    • 8. CONSENT TO TERMS, COMPENSATION. 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 Entities” (which means PhotoSpin, Inc., its subsidiaries and affiliates and officers, directors, employees, and agents of PhotoSpin, its subsidiaries and affiliates) for any and all losses, liabilities, damages, or expenses, including attorney's fees, incurred by any combination of PhotoSpin Entities in connection with any such claim, lawsuit, or proceeding. In no event shall any or all of PhotoSpin Entities be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, system outages, or otherwise, and whether or not PhotoSpin has been advised of the possibility of any such damages.
    9. 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.
    10. "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. But please note that PhotoSpin works hard to provide images that you can use in accordance with this Agreement. We do our best to maintain practices that are industry standards, such as having model releases from our contributors. However, we cannot begin to guess at all the uses you or another user might figure out—and some of those uses might violate the underlying rights in what we are providing you. In other words: while we work hard at these issues, You have to be careful in your use. See Section 12 below (“Others’ Rights”) for more information.
    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.
    11. DENIAL OF RESPONSIBILITY. PhotoSpin is not responsible for the use of Content 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 using Content.
    Further, PhotoSpin is not responsible for the delivery or quality of any goods or services sold or advertised through, in or on Material.
    IN NO EVENT SHALL PHOTOSPIN INC., ITS SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS (COLLECTIVELY, "PHOTOSPIN") BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR OTHER DAMAGES, WHETHER SPECIAL DAMAGES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE, OR PROFITS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, SYSTEM OUTAGES, INFRINGEMENT OR OTHERWISE, AND WHETHER OR NOT PHOTOSPIN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
    12. MEMBER RESPONSIBILITY, CAUTIONS. You are solely and fully responsible for any Content that becomes part(s) of Material, whether web pages, periodicals, or other documents you post or distribute. PhotoSpin does not regularly review the contents of Materials. PhotoSpin strongly recommends against posting or otherwise distributing any of the following types of use of Content, whether it was obtained from PhotoSpin or other source(s); to do so could involve you in litigation, for which PhotoSpin in no way would be responsible.
  • · Nasty Uses. Material of a lewd, lecherous, or obscene nature and intent, or that violates local, state, and national laws.
  • · Others' Rights. 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 or e-mail license@photospin.com .
    "Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. PhotoSpin does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that You have all the necessary rights, consents and licenses for the use of the Image"
  • · Nastier Uses. 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.
  • · Illegal Uses. Content that promotes, encourages, or provides instructional information about illegal activities.
  • · Worms & Viruses. 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.
    • 13. OTHER TERMS. The formation, construction, and interpretation of this Agreement shall be controlled by the laws of the State of California , U.S.A. ; as such law applies to agreements between California residents entered into and to be performed within California . The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of California , U.S.A. , and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.
    PhotoSpin reserves the right to change or amend this Agreement at any time by posting such changes on the website in new Terms of Use and/or User Agreement. They will take effect only for your use of PhotoSpin’s services after the changes have taken effect and after You have provided consent. You do so by signing into your account. If you choose not to agree to the changes, then you can cancel your subscription in the usual way by contacting PhotoSpin at license@photospin.com.
    Links to third-party sites from are for your convenience only and are not an endorsement by PhotoSpin, which will not be responsible in any manner whatsoever for the use of such links by users.
    CONTACTS. Please contact PhotoSpin if you have additional questions or if you believe that any of the visual content provided by PhotoSpin violates your proprietary rights, including copyrights.
    eMail: license@photospin.com
    phone: 888-246-1313
    The End (can you believe it?)
    The Good, the Bad, and the Ugly
    Here are some examples of things that are OK for you to do with a professional subscription or images you receive through such programs as 45/45, One Day Passes, and Featured Image of The Week.
    Advertisements.
    Billboards. No problem. Magazine ads. No problem. A television commercial, film or on-air broadcast. No problem. (Wow, you're into TV. Cool!)
    Brochures.
    Sales brochures for tradeshows. No problem. Fliers handed out at the supermarket--by the gazillions. No problem.
    Promotional Giveaways.
    T-shirts, coffee mugs, and the like are fine as long as you do not sell them. Giveaways only.
    Websites.
    You build a website for the client with PhotoSpin Content. No problem as long as the Content is a design element and not something that can be downloaded by viewers or selected by them for you to include in something you make for them.
    Be careful:
  • · You WILL have a problem if you sell any of those things as a product if you do not have a commercial subscription. You want to use your website (with the Content) as a template? Nope--not without a commercial license. E-mail us at license@photospin.com .
  • · You WILL have a problem if you include images of people and those images are not "model released." Check below for what that means (or click here ).
    • Look we cannot think of everything right here. If it looks enough like a duck, then you probably should not do it. We'll post (and prohibit) any clever bending of these rules on our website from time to time. But just in case, please make sure that you read all of the User Agreement.
    There is more good news, though. If you want to do a lot of those things--like make coffee mugs or templates to sell--you can purchase a commercial license. Just e-mail us at license@photospin.com .
    One Subscription=One User.
    YOU can use the subscription (or the image that you downloaded, say, from "Featured Image of The Week.") No one else.
    This means that you CANNOT:
  • 1. Give your username and password to your mother, father, assistant, partner, guru, man-on-the-street or anyone else.
  • 2. Download an image (or any Content) for someone else.
    • No, this does NOT mean that someone can use your subscription once you have signed off. Your subscription is only for YOU. Do you need a multi-user license? Just e-mail us at license@photospin.com and we can take care of you.
    Sometimes you like to work at home, right? Well, that's OK. You CAN transfer Content to your home machine and use it there.
    Reselling is a No-No.
    These are some of the ways that you CANNOT use the Content:
  • 1. You CANNOT resell Content, whether you have altered it or not. That is, you cannot download an image (or dozens of images, for that matter) and make them available to anyone else.
  • 2. You CANNOT make products for resale (by you or anyone else) that incorporate Content, such as:
    • · calendars
    • · t-shirts
    • · book covers
    • · templates of any sort
    • · any product for sale
    • · coffee mugs or tchotchkes
    Want to make a t-shirt, calendar, mug or whatever? Contact us at license@photospin.com for the details of such a license.
    Case Study: Creating a Website.
  • 1. Suppose you create a website for a client and you include one of PhotoSpin's dazzling images of, say, a daisy. That's OK. We take it that you are being paid for your design services, not for selling a product (the website).
  • 2. Now suppose that your client wants to re-sell that website. Well, that client cannot do so.
  • 3. Now suppose that YOU want to use that website as a template, which you will then re-sell. Nope. No can do (unless you have a commercial license--and if you want one, e-mail us at license@photospin.com ).
    • This would apply to a PowerPoint presentation you are making, too. Or a Word document. You get the picture.
    What's the point of the PhotoSpin subscription? To let you create marketing and promotional materials for yourself (or, say, your company or school or institution or group) and for your clients.
    Leave the Storage to PhotoSpin.
    Here are the steps we'd like you to follow:
  • 1. Download the images you need for the project
  • 2. Create your project
  • 3. Delete any images you did not use in the project
    • No, you can't create a massive library of Content to use when the demand arises. You CAN download more Content when you need it. Yes, you CAN save copies of the project. Your client may want changes. We understand.
    This means that you CANNOT:
  • 1. Save the images to your hard-drive to store there for the future.
  • 2. Save the images to a network or other PCs (or Macs) or other storage devices on a network.
    • Limited Duration of Rights.
    When your subscription expires or is terminated, you have to delete the Content you have downloaded.
    OK, so you have Content embedded in projects already completed for your client. You can keep them there until you change the project. If that happens after the end of your subscription, then you have to renew your subscription before you can use it again.
    How long can you use an image that you downloaded in a Featured Image of Week or in other trial services? For a period of one year from the date you started.
    "Model Released."
    Most of you know that this phrase means that the model being photographed has released his or her rights to make certain claims about the use of the photograph.
    When you use an image of someone, make sure that the information about that image says "Model Released." If you do not see it or you are unsure, then contact license@photospin.com before you use it and we'll try to clear up the matter.
    Endorsements and Nasty Uses.
    This gets a little sticky but basically, images that are "model released" can be used to endorse something. However, PhotoSpin does NOT permit you to use an image of someone to endorse a political position or to engage in behavior that would be considered lewd, obscene, sick or just plain uncomfortable.
    No one, not even PhotoSpin, can specify all the possible uses of this nature that would be nasty. Hey, even the Supreme Court of the United States can't define obscene material. That is why PhotoSpin reserves the right to tell you to knock it off. (It's in the User Agreement.)
    So here are two standards you can use:
  • · It is a prohibited use if your grandmother would object to it.
  • · If your grandmother is (or was) a hippie living in a commune, then use the average grandmother (lawyers might call it the "reasonable grandmother standard").
    • If that does not work, then e-mail us at license@photospin.com and we'll apply our own grandmother standard. And if that does not work, well, then, we are really sorry, but perhaps you should get a subscription with someone else.
    We cannot be exhaustive, but we hope we have given you enough guidance--and proof that we're really easy to work with. So go back to where you were and sign up already!

    This web site is the property of PhotoSpin, Inc. The website is protected by US and international copyright laws