Microstock Photography Forum - General > Symbiostock - General
EULA, legal, Paypal, etc.
Leo Blanchette:
Thank you Jamie! This is a HUGE advantage. By request, let me see if I can get our anonymous friend to post the other agreement as well. This is very very helpful thanks.
brisoca:
Thanks a lot, Jamie!! It is very much appreciated.
Kerioak~Christine:
I have no idea whether this would be legal or not, as you would need to check with solicitor but it is the one done as a draft and might give a starting point?
~~~~~
It is the intention of *NAME* that these conditions shall be in plain English and users of this site agree, by using the site, that the spirit as well as the wording shall be taken into account.
The following is an agreement between you (licensee) and *NAME* (copyright owner of image) and member of Symbiostock and you agree to be bound by the terms and conditions of this agreement which may change without notice and you agree to be bound by such changes. By using this site for any purpose you agree to be bound by these terms and conditions
1 Definitions:
Symbiostock: Linked community of individual copyright holders making their images available through their own sites
Licensee, You , User :– downloader, person or entity licencing image
Me, Us, I, We, Our, Artist : *NAME* Copyright owner who confirms that the work offered for sale is solely their own work and owned and created by them.
Copyright: Intellectual Property right owned by the photographer/designer/artist of photographs, pictures, drawings, designs, vectors,
Symbiote: Site owner, Copyright holder, Member of Symbiostock community, Each Symbiote is responsible for their own images, site, Terms, Intellectual Property (IP) ,costs and payment terms.
Image: Photograph, vector, illustration, drawing, painting, licensable item
2 Licence Terms
Standard
On receiving full payment for specific high resolution image(s) I grant you a perpetual, non-exclusive, non-transferable worldwide licence to use the image in the following ways – advertising and promotional material, book, book cover, single fine art print, flyer, printed and electronic media, website-maximum dimension of 800 pixels on longest side, print runs up to a limit of *XXX NUMBER* of copies. This list is not exhaustive, see restrictions below or if you have any queries contact Copyright holder *LINK*
Extended
On receiving full payment for specific high resolution image(s) I grant you a perpetual, non-exclusive, non-transferable worldwide licence to use the image in the following ways – calendars, mugs, clothing, greeting cards (online or print), print-on-demand items, multiple fine art prints and print runs over *XXX NUMBER* This list is not exhaustive, see restrictions below or if you have any queries contact C*LINK*
Sell The Rights
On receiving full payment for specific high resolution image(s) the copyright holder agrees to transfer the rights of said image(s) and remove it from sale anywhere else it may appear within 96 hours. This image may have previously been sold and there may be similar images shot at the same time which will remain available for sale.
3 Restrictions
The Licensee agrees that:
Images will have copyright credited whenever possible – this incudes without exception web use, book and editorial to include - *© NAME / WEBSITE /*
Images will not be used for sensitive topics without the Copyright Holders’ prior written agreement. These include (but are not limited to) models with mental or physical health issues, sexual orientation or sexually related, substance abuse, criminal offences, political endorsements, subjects that could be considered offensive, demeaning or unflattering. If you have any queries contact Copyright holder LINK
Image may not be used as trademark, service mark or logo unless copyright release is purchased
Images will not be sublicensed, assigned, transferred, given away, made available via online or other database. The exception to this is if you have licenced the image for a client (website, advertising, etc) when you must keep detailed records and make them available to the Copyright holder if requested. This is only likely to be required should an IP query arise. You may use the licenced image for one client. Should you wish to use the same image for another client you must licence it again.
Once you have completed payment for the license to use the Image, you are granted a non-exclusive, non-transferable right to use and reproduce the image in printed materials, or any electronic or digital form. In the latter case, each image should be incorporated into a design in such a manner to make it clear that the image is not intended to be separately downloaded, copied, or distributed and the image size in use must less than 800 pixels on the longest side.
"Non-transferable" means that the work you produce using a licenced Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the Image, or the right to use an Image, and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Image.
4. Intellectual Property, Liability and Indemnify Limitation
You shall indemnify and defend the photographer against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (a) a breach of this Agreement, (b) the use or modification of any Image or combination of any Image with any other material, (d) your failure to abide by any restriction regarding the use of an Image, or (e) any claim by a third party related to the use of an Image, alone or in combination with any other material. The photographer warrants ownership of the copyright for the Image.
By using this site you understand that you take responsibility and assume all risk without limitation.
*NAME* do not bear any responsibility for any shutdown of the site resulting in loss of profit, business information or any other financial losses regardless of whether it is due to navigation, technical, infringement, negligence, contract liabilities or other similar cases or situations or not.
By using this site you agree to indemnify and hold *NAME* harmless from and against all claims, losses, damages, liability, costs, expenses incurred
*NAME* have done their best to ensure that there are no Intellectual Property infringements within their images available to licence and permission from recognisable model’s will have been obtained. It is however the licensee’s responsibility to ensure that the image(s) they download are fit for the purpose to which you wish to put them.
5. Applicable Law
This site is owned, managed and controlled by *NAME* located in *State/Country*. The site is available worldwide and as each country may have different laws and acts the Licensee agrees that these Terms of Use are governed by the *State/Country*. and also agrees that any disputes arising which may be deemed wholly or partially unenforceable and cannot be settled by voluntary negotiation will be dealt with by the Judicial process in the *State/Country*.
Travelling-light:
Very good!
Many thanks to Jamie and Tinny for posting those drafts, we'll get to work on customising something for our site.
Leo Blanchette:
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