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 the legal agreement between PhotoSpin and you that includes the rules to follow to use the service, the consequences for not following them and the rules for resolving disagreements. We've tried to make this agreement easy-to-read (ha!) and to understand.
Remember, our goal is to make you succeed so if you have questions just give us a shout. We want to accommodate your needs as a customer and we're confident that we can work with you to clarify these points or to come to a special agreement that fits your requirements.
More than one user? Click here.
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.
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.
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:
"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:
"Licensee" means the subscriber to PhotoSpin or any user of the Content.
4.2. Certain Prohibited Uses. You, the Licensee, are not permitted to:
) " 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;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 subscribers, one year from the date of payment for your subscription unless your account is terminated by PhotoSpin because you violated this Agreement;
5.2. For everyone legally using the Content, and once Content is incorporated into Material, then for as long as such Material is not modified or altered in any way; and
5.3. For the purpose of archiving, 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,
If your account is terminated, you lose all rights to PhotoSpin Content and must immediately delete all Content acquired from PhotoSpin.
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.
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 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.
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.
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 without prior notice.
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.
Books.
Inclusion of our images in books, No problem. Provided the image is marked
© (current year) www.photospin.com
Example: © 2005 www.photospin.com
Educational Material.
Creation of educational curriculum, No problem. Provided the image is marked
© (current year) www.photospin.com
Example: © 2005 www.photospin.com
And the images are not included in a tutorial accompanying the book with written permission from PhotoSpin.
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:
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:
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:
- · calendars
- · t-shirts
- · book covers
- · templates of any sort
- · any product for sale
- · coffee mugs or tchotchkes
Case Study: Creating a Website.
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:
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:
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 that is marked "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:
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!
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