Microstock Photography Forum - General > Selling Stock Direct

Ktools - Serious Error in Licensing Template

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TheSmilingAssassin:
Hey guys,

I'm in the process of creating my photo store and I've noticed a small but serious error in the licensing template that a few of you may need to fix.  I noticed that Cory and Dan (warmpictures) need to fix this.  I only know of three stores so I only know of two with the error from here.  Anyone else who has a ktool store should double check theirs too.

The error is in the second paragraph of the template that I've made bold:


--- Quote ---END-USER LICENSE AGREEMENT (EULA) ? By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:

This agreement is made by and between {COMPANY_NAME} (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website.
--- End quote ---


This should read something like this:

This agreement is made by and between {COMPANY_NAME eg. 'Bogus Company Inc.'} (othewise listed herin as (shortended company name if applicable eg 'Bogus') and the end user, either an individual or entity (otherwise listed herein as You or Your) who creates an account for the right to access, aquire and use Materials from this website.

I haven't read anything else in the EULA but seeing an error in the first part of the agreement about the parties involved, doesn't give me great confidence over the rest of it.  I googled some of above paragraph and noticed hundreds of ktools store (I'm presuming) have the error in their EULA.... shocking!

This is your legal agreement so I highly recommend people go through it with a fine toothed comb (if they haven't already) and make sure you're happy with every word written in there. 

Cheers.

cthoman:
Thanks. I guess I missed that one when I was proof reading and making changes. There are definitely errors here and there, so it needs proofing. Plus, I wasn't crazy about some of the wording in the licensing agreement. I guess "out of the box" is a relative term.

TheSmilingAssassin:
No worries, it's easy to do.  I almost missed it too. 

I'm not crazy about the wording either and will probably redo it all.

Also Cory, just to let you know (and others who sell with warmpicture), before I noticed this error, I saw an error in Dan's TOCs.  The main licensing area was fine but the one attached to checkout said that you were the copyright holder on every image.  I contacted him through his store so he should fix that.  I'm guessing he used your TOCs and forgot to remove your name from the checkout TOCs.

cthoman:
Yeah, he had his accidentally deleted, so he borrowed mine. But, some of mine is customized.

lisafx:
Good catch!  I didn't use the template language in my license, but I see what you mean on Warmpicture. 

Glad you contacted Dan.  :)

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