Microstock Photography Forum - General > Symbiostock - General

EULA, legal, Paypal, etc.

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klsbear:
The initial post had a discussion about regarding the EULA.  Was it determined that we would be on our own with that or that we'd need to share amongst ourselves? 

I'm new to self-hosting and selling so I'm trying to list out all the details I need to cover regarding legal, pricing and payments.  I believe Paypal has different options relating to payments for selling product vs. receiving royalty payments which I'll need to research.  Any tips and pointers for those of us new to selling direct would be helpful and might help grow the network faster if we can get on board sooner.

Leo Blanchette:
Here's where that ended up: http://www.microstockgroup.com/symbiostock-development-area/selling-rf-images-is-really-not-that-hard-php-developers-wanted/300/#msg_303023_quick_mod

Basically I'm avoiding someone suing me by "giving legal advice" or making verbage that somehow disadvantaged them.

But I do hope some experienced / generous people post their licenses in the Symbiostock forum so you you don't have to be stuck without a license when you install your site.

jvoetsch:
I would be happy to provide Commercial and Editorial License Agreements here. Of course, each artist will want to edit it to their own liking, however I can give you the basics.

Give me up to a day or two to simplify ours and I will post here.

jvoetsch:
I guess this will be easier than I thought.

Here is a template for a Commercial License Agreement. Look for "YOUR WEBSITE HERE" and tips along the way. Replace "YOUR WEBSITE HERE" with your own domain or business name. These are simple templates that, in my opinion, cover the basics of an Agreement. Feel free to take these and do what you wish to customize your own.

Please note that we have 2 licenses: Commercial and Editorial. There are some images that cannot be used for commercial usage, such as personalities. For example an image of Paris Hilton could not be used for marketing materials. You would want to categorize these somehow and give them different permissions than commercial images.

Many sites now also offer an extended license, which permits other uses that we do not at ClipartOf. This will all be up to you.

Start of Commercial License Template:

YOUR WEBSITE HERE Commerical Royalty-Free End User License Agreement

Images listed for Commercial license are available for commercial, editorial and personal use.

Copyright or Trademark is not transferred with the license of an image. YOUR WEBSITE HERE always retains copyrights and trademarks.

Images are non-exclusive.

Licenses are for the End User only. Licenses are non-transferable. Anyone working on a project for the End User may have access to the image only for projects for the End User.

Once an image has been licensed, the End User can use it forever, worldwide, for multiple purposes, within the image's Terms of Use, without having to pay any additional fees.

Some permitted uses are: apps, bags and other items (some restrictions apply and are listed within this License Agreement), blogs, books, branding, brochures, business cards, cd covers, e-books, flyers, games, hats, logos (non-copyrighted/trademarked), magazine articles, marketing, movie props, news articles, presentations, retail products such as t shirts, screen savers, social media, tv and movie props, web sites, etc.

TIP: List uses you are ok with. Remove those that you are not willing to permit.

Print-on-demand websites are prohibited. This restriction includes websites such as cafepress.com, polyvore.com, zazzle.com, redbubble.com, etsy.com, teacherspayteachers.com or other sites that may not be listed.

Images may not be distributed to other users via templates such as e-cards, web design templates, scrapbooking templates, customizable invitation templates, digitized embroidery files, personalized products, business card design templates, etc.

Conversion of raster images to vector is prohibited.
TIP: You may not mind, however we had customers asking if they could purchase the thumbnail size and vectorize it. To make it simple, I added this restriction. However, if you do not have vector files, you may want to remove this.

YOUR WEBSITE HERE holds no responsibility from any legal issues that may arise from any use of the End User. The End User is responsible for any legal issues or costs resulting in their use.

The End User is responsible for all liabilities regarding privacy issues, trademarks, slander, libel, etc., that may arise from the use of the image(s). The End User is responsible for the end-use and any legal and/or any financial liability that may arise from such use.

The End User may not use any image found on this site for any illegal or fraudulent purpose.

The End User shall indemnify and defend YOUR WEBSITE HERE against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use or modification of any Image or combination of any Image with any other material, the End User's failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

Images may contain copyrighted material or trademarks. The End User is responsible for seeking legal counsel for use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).

jvoetsch:
Here is the Editorial Template

YOUR WEBSITE HERE Editorial Royalty-Free End User License Agreement

Images listed for Editorial license are available for personal, educational and editorial use only.

Copyright or Trademark is not transferred with the license of an image. YOUR WEBSITE HERE always retains copyrights and trademarks.

Images are non-exclusive.

Licenses are for the End User only. Licenses are non-transferable. Anyone working on a project for the End User may have access to the image only for projects for the End User.

Once an image has been licensed, the End User can use it forever, worldwide, for multiple purposes, within the image's Terms of Use, without having to pay any additional fees.

Some permitted uses are: blogs, books, e-books, magazine articles, news articles, personal facebook pages, personal web sites, screen savers, etc.

TIP: List uses you are ok with. Remove those that you are not willing to permit. If you offer an Editorial license, you will want to limit the permissions to non-promotional type uses.

Print-on-demand websites are prohibited. This restriction includes websites such as cafepress.com, polyvore.com, zazzle.com, redbubble.com, etsy.com, teacherspayteachers.com or other sites that may not be listed.

Images may not be distributed to other users via templates such as e-cards, web design templates, scrapbooking templates, customizable invitation templates, digitized embroidery files, personalized products, business card design templates, etc.

Conversion of raster images to vector is prohibited.
TIP: You may not mind, however we had customers asking if they could purchase the thumbnail size and vectorize it. To make it simple, I added this restriction. However, if you do not have vector files, you may want to remove this.

YOUR WEBSITE HERE holds no responsibility from any legal issues that may arise from any use of the End User. The End User is responsible for any legal issues or costs resulting in their use.

The End User is responsible for all liabilities regarding privacy issues, trademarks, slander, libel, etc., that may arise from the use of the image(s). The End User is responsible for the end-use and any legal and/or any financial liability that may arise from such use.

The End User may not use any image found on this site for any illegal or fraudulent purpose.

The End User shall indemnify and defend YOUR WEBSITE HERE against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use or modification of any Image or combination of any Image with any other material, the End User's failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

Images may contain copyrighted material or trademarks. The End User is responsible for seeking legal counsel for use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).

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