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Author Topic: EULA, legal, Paypal, etc.  (Read 7796 times)

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« on: March 23, 2013, 12:15 »
+1
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

« Reply #1 on: March 23, 2013, 14:20 »
0
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.


« Reply #3 on: March 24, 2013, 14:01 »
+3
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).
« Last Edit: March 24, 2013, 14:14 by jvoetsch »

« Reply #4 on: March 24, 2013, 14:08 »
+2
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).

Leo Blanchette

« Reply #5 on: March 24, 2013, 15:15 »
+1
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.

« Reply #6 on: March 24, 2013, 15:59 »
0
Thanks a lot, Jamie!! It is very much appreciated.

« Reply #7 on: March 24, 2013, 16:05 »
+2
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 models will have been obtained.  It is however the licensees 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*. 





« Reply #8 on: March 24, 2013, 16:16 »
0
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

« Reply #9 on: March 24, 2013, 16:24 »
0
-- edit --
« Last Edit: March 24, 2013, 16:31 by Leo »

« Reply #10 on: March 31, 2013, 14:22 »
0
Thanks so much Jamie and Tinny for the templates!


« Reply #12 on: May 17, 2013, 03:49 »
0
Hi I just started my symbiostock website, i have a paypal question, which account should we signup at Paypal? Premium or Business? tq

« Reply #13 on: May 17, 2013, 04:00 »
0
Hi I just started my symbiostock website, i have a paypal question, which account should we signup at Paypal? Premium or Business? tq

I think anything but personal

~~


Thanks Jaime - I have no idea how it would stand up legally but it gives people a start (the licence/license need to be sorted out as they vary between US and UK )  I "think" I now have it correct on my own site

« Reply #14 on: May 17, 2013, 04:39 »
0
Thanks Tinny, Business account required Business Registration info, I don't want to go into trouble to register a new business, I will choose Premium account, is an easy way to get start.


I think anything but personal


« Reply #15 on: May 17, 2013, 05:13 »
0
Thanks Tinny, Business account required Business Registration info, I don't want to go into trouble to register a new business, I will choose Premium account, is an easy way to get start.


I think anything but personal



Thats what i have had since starting micro selling in 2005.



 

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