Your use is limited to ONE PERSON per seat. Allowing for you to create marketing, promotional or editorial materials for you and your clients.
Summary of Permitted Uses:
It is a prohibited use:
Click here to see some good, bad and ugly uses.
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:
PhotoSpin cannot set forth every possible use or limitation--that's why you really need to read the complete legal agreement before you agree. Once you agree to those terms (as explained in the Agreement), that Agreement will be binding on PhotoSpin and you. Again, if you have different uses or other ideas, give us a shout. Email: email@example.com or Phone: 888-246-1313.
You must read the entire license before using PhotoSpin. Use of PhotoSpin (e.g., establishing an account or downloading Content) means that you have agreed to, and are bound by, the terms of this Agreement
Once you accept the terms, this document becomes a binding legal agreement between PhotoSpin and you (the "Agreement"). You accept this Agreement by using the Site and acknowledging that acceptance when youcreate your account.
"You" or "Licensee" means the person or entity obtaining the license and each user of the content provided through PhotoSpin. If you are obtaining a PhotoSpin account on behalf of a corporate or other legal entity, then this Agreement applies to, and is binding on, that entity and "you" and "Licensee" each also refer to such entity. If you have increased the number of users in your account though your admin page with PhotoSpin, then this "you" also means each such user. That content, including derivatives thereof, is referred to in this Agreement as "Content"). "Site" means each website created or managed by or on behalf of PhotoSpin providing access to the Content. "PhotoSpin" and "we" each means PhotoSpin, Inc.
You can see examples of "good, bad and ugly" uses of PhotoSpin Content. These are examples only and not part of this Agreement.
Subscription - PhotoSpin grants you the non-exclusive license during the Term and worldwide, with a limited right of sublicense, to use, reproduce, modify, publish, display and distribute the Content solely for purposes specified in this Agreement. If you wish toincrease the number of users you can do so in the shopping cart or on your Dashboard page.
This license permits you to use the Content only to create advertising, marketing and promotional pieces for your clients and yourself, provided that the Content is not available for re-sale, licensing or sub-licensing, whether by itself, modified or included in other products (e.g., a website template, clip-art, t-shirts).
1.1 Your Use Only you, the Licensee, are permitted only to:
Additional Rights Available. Please contact PhotoSpin at firstname.lastname@example.org if you have questions about your use or the scope of releases (e.g., for buildings or, for example, editorial use) or you wish to use the Content in a manner prohibited by this Agreement (such as in products for sale) or you wish to negotiate modifications to some of these terms. Using Content for Editorial/Social Media Purposes. You can use PhotoSpin Content for editorial/social media purposes—say, using an image to illustrate a point you are making in an article. But:
"Marketing and Editorial Material" means documents (electronic or otherwise), images, designs and/or 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 excludes any materials for commercial gain through the direct or indirect sale, whether by you or those entities listed above, of the Content or any product including the Content. Examples of Marketing andEditorial Material that can are authorized to make are:
1.2 Certain Prohibited Uses You are not permitted to:
Create Products for Sale or Resale: Use Content for stock photography or image collections, calendars, t-shirts, coffee mugs orother such items, digital templates of any sort, or any product for sale orre-sale;
Enable Others to Use the Content: Provide a means by which others can use the Content for their products for resale or sublicensing—e.g., create "on-demand" products such as business cards or brochures;
Provide Access for Someone Else: Provide access to or use of the Content to any other person unless that person has been added to the subscription;
Post Content: Post Content, by itself, in social media networks (e.g., Facebook or Pinterest) or permit your clients or others to do so (as part of something you create it could be OK, if it complies with this Agreement);
Use More than 2 Computers Per Person: Store and/or use the Content on one of more computers, network or servers except as provided in Section 1.1 above to use the Content on a maximum of two computers per person authorized by PhotoSpin;
Model Releases: Use any of the Content that includes an identifiable person (living or dead) or entity for any purpose unless Content is indicated "Model Released" on the Site or by written (including e-mail) communications from an authorized representative of PhotoSpin;
Endorsements: Even if an image is marked "Model Released" use any Content that includes specific government, company, or persons' names, initials, and emblems for any commercial purposes or to express or imply endorsement or sponsorship of any political position or activity or commercial product, service or activity;
Worms & Viruses: Use any Content with anything that contains a virus, "Trojan Horse," "worm," corrupted data, or any other harmful or damaging component or enables such harmful activities.
Nasty Uses: Use the Content in any way that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or that violates law.
Excess Uses: Use any Content such that it is available on or in more than 500,000 units of anything you make (other than websites that are not for resale or sublicensing, which are permitted to have unlimited pageviews).
Create a Trademark: Use the Content to create a trademark.
1.3 Display by Your Clients
It's pretty simple: Your clients, et al., can use the Marketing and Editorial Material that includes the Content but they cannot use the Content by itself or removed and used in any manner from theMarketing and Editorial Material. Accordingly, PhotoSpin grants you, the Licensee, the right to 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 Marketing and Editorial Material and only if the Content is not sold or otherwise distributed in any form to anyone else, unless the non-sale and licensing distribution is for marketing, promotional or editorial purposes and the Content at all times remains incorporated into the Marketing and Editorial Material. For purposes of display of any Marketing and Editorial Material that is a website (or its equivalent for other digital devices), the Content (solely as part of such Marketing and Editorial Material) may reside on servers necessary for viewing via the Web.
1.4 Limits on Downloads
Your right to download Content is limited by PhotoSpin. We reserve the right to limit the number of downloads in any given period. Please remember: You cannot stockpile Content—only save the Content you are using for any particular product. If you require additional Content for a specific project, simply call our offices at 888-246-1313 or send an email request to email@example.com with the project you are working on and the number of images you require.
1.5 Determination of Rights
PhotoSpin is the final arbiter of how one IS and IS NOT allowed to use the Content, the Site, and/or any other products, services, features and functionality by or on behalf of PhotoSpin. Further, PhotoSpinreserves the right to modify or remove anything submitted to, or posted by,PhotoSpin at any time for any reason, without prior notice. PhotoSpin is not obliged to maintain backup copies of any material submitted to us.
1.6 Reservation of Rights
PhotoSpin expressly reserves all rights not expressly granted.
You understand and agree that PhotoSpin may, in its sole discretion,
* Please note that this provision is to protectyou, 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 Site.
Your PhotoSpin account will be activated once your payment has cleared. Your subscription is for one year from the date of such clearance. As long as your subscription fee is paid during that period, that subscription will entitle you to access to millions of images and illustrations.
Your subscription will automatically renew at the end of its term, unless you provide cancellation notice as described below. You authorize PhotoSpin to charge the applicable subscription fees at the then applicable rate and taxes for the subscription to your credit card on file at the expiration of the term.
3.2 Payment Options:
PhotoSpin offers two payment options. You may elect to pay for your annual subscription at one time for a discounted rate. Or, you can pay on a monthly basis at a higher rate. When paying monthly, charges will be applied to the credit card PhotoSpin has on file at the beginning of each monthly cycle. Your monthly charge will be based upon the current rates charged. You authorize PhotoSpin to charge your credit card accordingly. If you use a promo code to purchase your subscription, the discount will be applied annually or monthly depending you the payment type selected. Coupon codes will extend for 12 months forboth payment options.
By using the Site, you authorize PhotoSpin to charge, and received payment from you. If your payment does not clear for any reason, then you are not authorized to use the Site, even if your username and password work. You agree that you shall be responsible for, and shall pay, any and all taxes and duties required by any jurisdiction arising from the license granted to you or your use of Content.
4.1 "Subscription Term" Access to and Use of Content
Your license to access the Content and its use lasts for as long as your subscription is current and paid for and has not been terminated.
4.2 "Single Image Term"
Your are licensing a single image or piece of content - you do not own the image or copyright. The copyright is held by PhotoSpin or the artist who created the image. You may use single images in perpetuity.
4.3 Use of Incorporated Content
Provided that your use does not violate this Agreement the term for your rights in Content you have incorporated into Marketing and Editorial Materials lasts for the life of the copyrights unless (a) you alter its use (then you'll need a new license) or (b) PhotoSpin has been forced to remove Content (e.g., for legal reasons). In the case of (b), PhotoSpin will enable to pick replacement Content without charge. This period is defined as the "Incorporated Use Term."
4.4 Definition of Term
"Subscription Term" and "Incorporated Use Term" together mean the "Term" (length of the license).
PhotoSpin can terminate your subscription at any time if PhotoSpin believes that you have violated this Agreement.
4.6 Your Obligations on Termination
At the end of the Subscription Term, you must:
4.6 Survival of Termination
Certain provisions of this Agreement shall survive termination as follows: Section 1.6, 2, 6, 7 and 9.
You may cancel your subscription at any time. When cancelling, your subscription will terminate on the date of cancellation and you will no longer have access to the PhotoSpin library. If you elected to pay monthly for your annual subscription and you cancel your subscription, your credit card will be charged for the remainder of your annual subscription, or 90 days - whichever is shorter. You will not be entitled to a refund of any of your subscription fee. You may reactivate your subscription at any time by paying for the period of cancellation.
You agree and acknowledge that you are responsible for your use of the Content and for the use by third parties of Content they obtain through you or your account with PhotoSpin. If you are not careful, you may be subject to severe consequences.
7.1 Certain PhotoSpin Disclaimers
Your use of PhotoSpin and any Content are at your sole risk. All SERVICES PROVIDED BY, ON BEHALF OF OR THROUGH PhotoSpin (INCLUDING THE CONTENT) 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. PHOTOSPIN DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT WILL SUIT YOUR NEEDS OR THAT ITS USE (INCLUDING THE SITE) WILL BE UNINTERRUPTED OR ERROR FREE. ALL RISK AS QUALITY AND PERFORMANCE RESTS WITH YOU. IF YOU FEEL THAT THE CONTENT IS DEFECTIVE, YOU ASSUME ALL RISK (INCLUDING COSTS) OF ALL CORRECTIONS. PHOTOSPIN MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP OR SUITABILITY FOR YOUR SOFTWARE OR HARDWARE OR OTHERWISE. YOUR USE OF SOFTWARE AND/OR HARDWARE WITH THE CONTENT, AND CONSEQUENCES OF SUCH USE, ISYOUR SOLE RESPONSIBILITY. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
7.2 Other Limits
(a) PhotoSpin is not responsible for your use of the Content in any manner.
(b) PhotoSpin makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature (including Content) of PhotoSpin.
(c) PhotoSpin is not responsible for the delivery or quality of any goods or services marketed, promoted, sold or advertised through, in or on Marketing and Editorial Material.
(d) PhotoSpin does not warrant the accuracy of categories, keywords, captions, titles and metadata.
(e) Links to third-party sites 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.
IN NO EVENT SHALL PHOTOSPIN ENTITIES 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.
You hereby indemnify, defend and hold each PhotoSpin Entity harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any PhotoSpin Entity as a result of or in connection with any claim of intellectual property infringement and/or breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement. You agree that, in the event that PhotoSpin brings suit against a third party for their use of Content they obtained, directly or indirectly, through you or your account with PhotoSpin, you shall pay all of PhotoSpin's costs (including reasonable attorney's fees and costs) and damages as they are incurred by PhotoSpin.
PhotoSpin reserves the right to change or amendthis Agreement at any time by posting such changes on the Site. They will apply to you only after the changes have taken effect and after you have provided consent. You do so by signing into your account, where you acknowledge that you have accepted such changes. If you choose not to agree to the changes, then you can cancel your subscription in the usual way by contacting PhotoSpin at firstname.lastname@example.org.If you wish to propose changes to the provisions of this Agreement, then please contact PhotoSpin at email@example.com.
10.1 Jurisdiction and Choice of Law
Jurisdiction and Choice of Law The validity, construction, interpretation and enforcement of this Agreement shall be governed by the laws of the State of California, without regard to conflicts or choice of law rules. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration, conducted on a confidential basis and pursuant to the Commercial Arbitration Rules of the American Arbitration Association in the state of California, in Los AngelesCounty or another location mutually agreeable in writing to PhotoSpin and you. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. An award of arbitration may be confirmed in a court of competent jurisdiction. In the event that arbitration is stayed underapplicable law, then PhotoSpin and you consent to the personal, exclusive jurisdiction of the state courts sitting in Los Angeles County, California for all claims and disputes arising under or related to this Agreement. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.
10.2 No Waiver
It does not mean that PhotoSpin has waived any provision or right if PhotoSpinfails to enforce any provision or right or does not take other actions.
This Agreement is personal to you, which means that you cannot assign it to anyone else without PhotoSpin's prior written consent. PhotoSpin may do so without consent as long as the assignee agrees to be bound by all of the terms.
PhotoSpin will contact you at the email address you have provided in establishing your account or, if you have changed it, then at the new address you have provided. Legal notices will go to the mailing address you provide.
10.5 Entire Agreement; Amendment; Severability
This Agreement is the entire agreement between PhotoSpin and you regarding your use of the Content and it cannot be amended or otherwise modified except by a writing signed by PhotoSpin expressly stating that this Agreement is thusly modified. Such a “writing” can include an email from an authorized representative of PhotoSpin. As noted above,please contact PhotoSpin if you want to negotiate an amendment to this Agreement. If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.
Please contact PhotoSpin if you have additional questions at:
The End (can you believe it?)
If you'll make money selling one of our images, either as part of a product or by itself. By creating products such as but not limited to greeting cards, calendars, web templates for resale, you know the stuff. You'll need to purchase a "Specific Use License". Contact us at (888) 246-1313 or firstname.lastname@example.org
Subscriber... $49 per image
Non Subscriber... $89 per image
Here are some examples of things that are OK for you to do with PhotoSpin images and other content. Please note that the Standard License governs the use. The examples below are for illustration purpose only.
If you have a commercial use in mind, go for the Specific Use License. We will customize it to suit your needs. 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 Standard License.
Billboards. No problem. Magazine ads. No problem. A television commercial, OK. Film or on-air broadcast backgrounds or animations and other graphics. Also OK.
Be careful: There will be “no problem” unless what you create includes identifiable logos, trademarks or individuals or any individuals where the image is not “Model Released” or if your use is an endorsement.
Sales brochures for tradeshows. No problem. Fliers handed out at the supermarket--by the gazillions. No problem.
T-shirts, coffee mugs, and the like are fine as long as you do not sell them. Giveaways only.
You can incorporate Content into product packaging (but still staying within the no-endorsement and other restrictions) as long as you do not trademark it.
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.
Social Network posting
You can create something using PhotoSpin Content to post as an ad on, say, Facebook. You cannot post PhotoSpin Content by itself.
You use an image form PhotoSpin to illustrate a point you are making in your article. That’s OK as long as you give PhotoSpin credit in the manner accepted by the news industry and use of any image with individuals does not endorse a political position or activity or a commercial product or service.
Please remember: There are limits on production runs—the number of any given item you can produce without an extension to your license. Typically, that limit is 500,000, but make sure you understand. If this is the case then you'll need a Specific Use License.
Anything You Sell or License
If you create Content for commercial purposes other than marketing and promotional materials, then it is not permitted unless you get the Specific Use License. So:
No Digital Templates: You cannot create templates for things like websites, Wordpress, PowerPoint (or other presentation software or apps), Pinterest, Word and the like.
No Real-world Templates: You cannot create something that can be used to create, for example, t-shirts, coffee mugs, belt buckles—i.e., anything physical.
No T-shirts and Other Physical Products (coffee mugs, calendars, desktop doo-dads, backbacks, artwork, kitchen utensils). You get the point.
No Digital Products whether they are the same as above (such as something to be obtained, sold, licensed, etc., in a virtual or other digital world, e.g., SecondLife or virtual goods in a game).
Just to be clear: You cannot create these “things” above and give them to someone else for them to sell or license.
Photo or Content Collections
You cannot take some of the Content (like a series of images) and create a new collection, whether you give it away or not.
You cannot take one of the images of a working man and incorporate him into an ad that makes it look like he is endorsing a product or a political party, position or activity.
You cannot use any of the images—whether or not they include individuals—with a use that would be defamatory, obscene or hateful. Yes, we get it: Some people want to be “edgy” and controversial. Well, not with our Content. Ever. If you do not know what that means, use the “reasonable grandmother” standard up above.
The license is to you. If you want more than one user, then you can can obtain additional users in the shopping cart or on your Dashboard page at a deeply discounted price.
Do not download a gejillion images (or other Content) and stockpile them. Download the ones you need for a specific project.
Using Images After the End of Your Subscription
Just because you downloaded an image before your subscription expired, it does not mean that you can use it after expiration. You cannot.
Create One Million Coffee Mugs
So you create a bunch of promotional items, say, a calendar or coffee mugs or whatever. Well, there are limits—very high limits of 500,000 units (depending on the use). Be aware of those limits.
There is 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 Specific Use License.
PhotoSpin has licenses for multiple purposes: limited marketing; expanded marketing; and commercial uses. Below is a summary and a Use Matrix. This is just a summary. The exact terms governing your use are set forth in the License Agreement that you will need to accept before using PhotoSpin.
Click here to see examples of The Good, the Bad & the Ugly uses.
For subscribers and single-image users, the rule for use is simple: Create what you want for advertising, PR, marketing, promotional and editorial purposes but nothing for resale or re-licensing.
The rule is: Use specific images to create products for limited resale.
So you want to sell or otherwise distribute through sublicensing (or other means) a calendar or a website template or a coffee mug or t-shirt or PowerPoint template. You will need this license. We customize these for each client so you need to contact us.
Things You Cannot Do
No matter which license you obtain, you cannot do the following without prior written permission from us:
We have tried to list examples of uses under each of the license below.
WITH A STANDARD LICENSE
Subscription or single image use
Not for resale
WITH A SPECIFIC USE LICENSE
Subscription or single image use
For resale & Additional fee required.
(subscriber $49 & non subscriber $89 per image)
|USE IN THE "REAL WORLD"|
PRINTED MATERIALS, e.g., stationery, calendars, postcards, posters, brochures, packaging, t-shirts, mugs, mousepads, etc.
Yes, not for resale (i.e., only for ad, PR, marketing use).
Any product for resale will require a Specific use license - Initial runs are up to 25,000 units. Additional fees may be required for larger runs.
PRINT ADS, e.g., in printed newspapers, magazines, newsletters, etc.
Not applicable (your use is not for resale)
BOOKS, DVDs & CDs (and/or their covers)
Yes, up to 25,000 copies with credit: © PhotoSpin.com (product not for resale)
Yes, over 25,000 (products not for resale but printing over 25,000 copies will need a specific use license)
EDITORIAL USE, e.g., in printed newspapers, magazines, newsletters, etc.
Yes, with credit: © PhotoSpin.com
Not applicable (your use is editorial & not for resale)
|USE IN THE "ONLINE WORLD"|
ONLINE PUBLICATIONS, e.g., blogs, newsletters, webpages
Yes, with unlimited page views as long as it is not a template.
Not applicable (your use is not for resale and there is no upper limit on page views)
DIGITAL TEMPLATES for sublicensing, distribution or resale for presentations, newsletters, websites, brochures, business cards, e-greeting cards, etc.
Not permitted (your use is for resale, etc.)
Yes, up to 25,000 uses; additional license required for larger runs.