For a more easily digestible summary, see our Guide to the Terms of Service for Humans.
Please take time and read these terms and conditions of service ("Terms of Service") carefully. These terms of service protect the legal interests of Licensify, our users and our third party vendors.
This Site is owned and operated by Licensify OÜ and our respective employees, affiliates and contractors (collectively "Licensify"). These Terms of Service apply to your access to and use of the Site, the Subscription Services (as defined below) and any other online services provided by Licensify (the "Services").
These Terms of Service also apply to your use of the Services to purchase photography usage license ("Media") through Licensify.
Licensify enables users who own or otherwise have the right to license Media (the "Content Owner") to use Licensify to facilitate the license of their Media to other Licensify users.
Your use of the Services and your purchase of Media is expressly conditioned upon your agreement to these Terms of Service. If you do not consent to these Terms of Service, you are not permitted to use Licensify or any Licensify Services. If you access the Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of Service.
A. Our Service enables users to:
i. upload pictures for licensing, acquire licenses, and use images presented therein in accordance with their respective licensing terms;
ii. create, modify, display, submit, post, share to third-party websites, applications, services, transmit, store content, including but not limited to data, text, information, usernames, images, graphics, illustrations, photos, links or any combination thereof (all of the above “User Content”).
A. Our service must not be used by minors under 13 years old. You represent and warrant that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are lawfully able to enter into and perform a legally binding contract, and agree to be bound by the terms and conditions of these Terms of Service. For clarity, if you are 13-18 years old, you may only use the Service if your parent or guardian consents to these Terms of Service on your behalf.
B. You are fully responsible for any activity, whether authorized or not, that occurs through your account. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Licensify prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
C. You are solely responsible for maintaining your own backup files for any User Content you submitted to or received through the Service.
D. You are responsible for maintaining the confidentiality of your Licensify account login username and password. You agree to immediately notify Licensify of any unauthorized use, or suspected unauthorized use, of your Licensify account or any other breach of security.
E. You represent that all information you provide or provided to Licensify upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
F. You may not use the Service for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms of Service.
G. You agree to comply with all laws, rules and regulations (for example, global, federal, state, local and provincial) applicable to your use of the Service and your User Content, including but not limited to, copyright laws.
H. You must not attempt to indicate in any manner that you have a relationship with Licensify or that we have endorsed you or any Media, services or User Content without our express written consent to do so.
I. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
J. You must not attempt to interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
K. You must not use the Service to collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers).
L. You must not attempt to access areas/features or items made available through the Service, including but not limited to the images, that you are not authorized to access.
M. You must not interfere or disrupt the functioning of the Service or servers or networks connected to the Service, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or making attempts to overburden or disable them in any manner.
N. You will not duplicate, transfer, give access to, copy, make available, frame or distribute any part of the Service in any medium without Licensify's prior written authorization.
O. You will not reverse engineer the Service or develop or participate in any third-party applications that interact with User Content or the Service without our prior written consent; With such requests write to firstname.lastname@example.org.
P. You must not encourage or facilitate violations of these Terms of Service or any other Licensify agreements.
Q. You agree that you are responsible for all data charges you incur through use of the Service.
Licensify's subscription service (the "Subscription Service") provide an online platform that enables our users to upload and share photographs, graphical designs, drawings, illustrations or any other graphical art ("Media") using the Services. By using Subscription Services, you agree to be bound by and accept the Subscription Services Terms set forth below. You may use the Services only in accordance with these Subscription Services Terms (and the Terms of Services of which they are a part).
Licensify reserves the right at any time, at its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Subscription Services or any portions thereof, including the Subscription Plans and any policies, features and terms applicable thereto. If the Subscription Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by Licensify, your Subscription will terminate, and we will have no further liability to you. You acknowledge that the Subscription Services may be interrupted from time to time, with or without notice, for maintenance, upgrades, system updates or in the event of equipment failure or for any other foreseeable or non-foreseeable cause.
LICENSIFY WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE SUBSCRIPTION SERVICES FOR ANY REASON, OR FOR ANY LOSS OR INABILITY TO ACCESS ANY MEDIA OR MATERIALS ON THE SERVICES.
You may request the termination of your Subscription at any time by sending an email to email@example.com providing clear written notice of such request. When Licensify receives your termination request, Licensify will terminate your Subscription and notify you of such termination via email. Licensify may request additional information from you prior to terminating your Subscription. Your Subscription is not terminated until you receive confirmation of such termination from Licensify.
Licensify may terminate a Subscription, or any user's access to and use of the Subscription Services, at any time for any reason at its sole discretion, which such termination will be effective immediately.
It is solely your responsibility to keep your account information and Payment Information accurate and up-to-date. If Licensify does not have a current, working email address for your user account, then you may not receive important notices from us regarding your account, including notices regarding termination. Licensify cannot guarantee that you will receive notice of the termination of your account.
You are solely responsible for creating and maintaining backup copies of any User Content you upload, post or make available through the services during any applicable subscription term at your sole cost and expense.
You maintain responsibility and liability for any losses or damages you incur for failure to maintain backup copies of your User Content. Licensify is not liable to you for any damages or losses that result from the loss or breach of your User Content in connection with your use of the Licensify services.
Licensify uses third party vendors to host and store any Media that you upload to Licensify through your use of the Subscription Services. We may require our vendors to maintain certain standards with respect to your User Content, but Licensify does not guarantee that your User Content will be secure and/or available at all times during the Subscription. Licensify does not guarantee that your User Content will be available on the Services after the termination of your Subscription, irrespective of the reason for such termination. It is your sole responsibility to create and maintain backup copies of any such User Content on a regular basis.
Please note that when User Content or other files are deleted (or your account is cancelled), those files will be deleted as soon as reasonable pursuant to Licensify's data destruction policies and cannot be recovered by Licensify or any third party vendor following deletion.
Use of the Licensify Subscription Services does not create a partnership, agency, joint venture or any employee-employer relationship between you and Licensify. At all times the relationship between you and Licensify will be that of independent contractors. You are responsible for all state, local, federal or other taxes that you are obligated to pay in connection with your use of the Subscription Services.
Licensify users with Subscription Service are eligible to participate in the Licensify profit-generation program (the "Profit Program"). The Profit Program enables Licensify users to generate, track and collect payments based on the sale of such user's Media ("Profit Payments"). In exchange for your participation in the Profit Program, Licensify will collect a percentage commission on the sale of your Media.
Licensify may provide additional terms and conditions or policies regarding the Profit Program (including Licensify's commission percentage) at the Profit Program page. Any such terms and conditions or policies with respect to the Profit Program are incorporated herein by reference. Licensify has the right to change the terms and conditions or other policies governing the Profit Program at any time (including the calculation of earned fees) at its sole discretion by posting such revised terms to the Site.
Any Profit Program Payments that you earn through your participation in the Profit Program will be paid to you in connection with the preferences and user settings available in your Account Settings. Any Profit Payments will be paid via electronic bank deposit or any other electronic means for all Estonian Licensify users.
For any international Licensify users, Profit Payments will be paid by electronic means or other payment method offered or used by Licensify at such time. You are not entitled to any interest payments on Profit Payments, regardless of your preferences for the timing of such Profit Payments.
If your Subscription is terminated for any reason, you are no longer eligible to participate in the Profit Program.
In the event of such termination, Licensify will pay you any outstanding earned Profit Payments if:
(i) you have provided Licensify with valid and current Payment Information and;
(ii) your outstanding Profit Payment amount exceeds the cost of Licensify's processing fees for such payment. If you do not provide Licensify with valid and current Payment Information prior to the termination, cancellation, downgrade or other applicable change to your Subscription, or if your outstanding Profit Payment amount does not exceed the cost of Licensify's processing fees for such payment, you thereby forfeit and waive your rights to any Profit Payments that you have earned as a participant in the Profit Program.
IN THE EVENT OF SUCH FORFEITURE, YOU HEREBY AGREE THAT LICENSIFY WILL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS OR OTHER FEES OR PAYMENTS RELATED TO OR OTHERWISE ARISING OUT OF THE FORFEITURE OF YOUR PROFIT PAYMENTS.
You are responsible for all costs and expenses incurred in connection with your performance of any activities related to the Profit Program, including, but not limited to, compensation, bonuses, and benefits, if any, for your personnel, and any and all taxes, fees, duties, tariffs or charges that may be imposed on you in connection with your participation in the Profit Program. As such, you acknowledge that any Profit Payments belong to you and not to Licensify. The Profit Payments represent the only compensation payable by Licensify to you in connection with your participation in the Profit Program and no other compensation of any kind is payable to you for participating in the Profit Program. In certain jurisdictions, Licensify may be required to withhold, collect and/or remit certain sales or other taxes in connection with the purchase of Media or your participation in the Profit Program and any such taxes will reduce the Profit Payments you receive.
These Terms of Sale form a part of the Terms of Services applicable to your purchase of any Media through the Licensify Services. Other than as specifically provided in any separate written agreement between you and Licensify, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Services, these Terms of Sale will control.
Licensify facilitates your purchase of Media through the Licensify Services through its relationships with the Licensify Vendors. If you purchase Media through the Licensify Services, you acknowledge that Licensify's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.
In order to purchase Media through the Licensify Services, you are required to provide valid Payment Information as required by Licensify. Licensify may terminate your order for Media or take other action as appropriate if we are unable to process your Payment Information and you do not provide an alternative form of payment upon Licensify's request. You agree to reimburse Licensify for any and all costs incurred in collecting amounts owed by you to Licensify or a Licensify Vendor, including, without limitation, attorneys' fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that Licensify may collect from you in connection with your purchase of Media. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Licensify reserves the right to collect the taxes or other related fees from you at any time.
In certain jurisdictions, Licensify may be required to collect and remit sales tax in connection with your purchase of Media. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
If you purchase Media download such download will be made available to you through the Services upon Licensify's receipt of your valid Payment Information.
Licensify does not offer refunds or re-credits for Media purchase. File returns will only be considered based on technical issues with the file at the sole discretion of Licensify.
A. Unless otherwise indicated, all of the content, featured or displayed in the Service, including, but not limited to, Images available through the Service, Third-Party Content, text, graphics, data, photos, images, works of authorship, illustrations, software, and arrangement thereof (“Licensify Content”), is owned by Licensify or its respective licensors, partners, or its third-party image providers.
B. Except as expressly provided in these Terms of Service and/or applicable license agreements, including without limitation the Licensify License Agreements, Licensify does not grant you any express or implied rights to use, copy, reproduce, adapt, merge, republish, frame, download, transmit, broadcast, telecommunicate, publicly perform, produce derivative works of, modify, display, reverse engineer, disassemble, decompile, translate, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Licensify Content, the Service, or any related software.
C. The Service and Licensify Content are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property.
D. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Licensify Content.
E. Licensify and its licensors, partners and third-party image providers reserve all rights not granted in these Terms of Service, Personal Use License, Commercial Use License or other applicable license agreements.
These License Agreement terms apply to Content Owners who have subscribed to a Subscription, granting such Content Owner the ability to license Media through the use of the Services. Registered Licensify users may be entitled to license digital versions of such user's Media to other Licensify users for an applicable license fee under the terms of Content Owners.
By uploading Media to be licensed through the Services, Content Owner hereby grants to Licensify the right to facilitate the licensing by Content Owner of Media posted on Licensify to a licensee according to the licensing designation (Commercial Use License or Personal Use License) identified by the Content Owner upon submission of the Media.
Content Owner is responsible for all Media posted to Licensify through the Services, including the setting of license fees through the tools available in Content Owner's Account Settings.
As set forth in the Terms of Service, Media submitted to Licensify through the Services may be rejected or removed from the Services at any time for any reason or for no reason at Licensify's sole discretion.
Media designated for commercial license should be free from any distinguishable third party names, trademarks, logos, copyright designs, works of art, architecture, or any other depictions requiring additional rights. Content Owner understands and agrees that all Media are licensed directly by the Content Owner is subject to the license and the license type and the license fees (if applicable) for Media as chosen by Content Owner. Licensify merely facilitates and enables such license and does not maintain any responsibility or liability for the Media.
Content Owner represents and warrants to Licensify that:
i. Content Owner owns (or has legal right to represent and license) all intellectual property rights, title and interest in and to all Media, including applicable copyrights, submitted through the Services and has the right to grant all licenses granted herein without violating the rights of any third party;
iii. All information concerning all Media provided by Content Owner to Licensify through the use of the Services is, to the best of Content Owner's knowledge, true and accurate; and
iv. All Media submitted or posted by Content Owner have all necessary releases, consents and permissions required to grant the licenses granted under the applicable license, including, without limitation, valid Model Releases and Property Releases for Media depicting recognizable people (living or dead) and private properties, permissions regarding posting Media containing individuals under the age of 18, and all written permission regarding all distinguishable trademarks.
Terms used but not defined in these Terms of Service above will have the following meanings:
"Commercial Use License" means a licensing type in which the licensee is entitled to use the Media subject to the commercial use license.
"Model Release" means a written release signed by or on behalf of any living person or the estate of a deceased person who is depicted in whole or in part in any Media.
"Personal Use License" means a licensing type in which the licensee is entitled to use the Media subject to the personal use license.
"Property Release" means a written release from the owner and/or occupier of any property that is depicted in whole or in part in any Media.
A. You expressly agree and warrant that all your interactions with and use of the Images and Third-Party Content made available through the Service will be governed by both the letter and the spirit of these Terms of Service, and, including without limitation:
i. Personal Use License (where applicable);
ii. Commercial Use License (where applicable);
iii. other applicable license agreements.
B. In case of license acquisition, you acknowledge that you are a party to the applicable license agreement and expressly agree to abide by the restrictions set forth in the applicable license agreement at all times.
C. You expressly agree that if you use any Content made available under applicable license agreements (regardless of use restrictions), Licensify will not be considered a party in such license agreements, and that you are solely responsible for complying with use requirements imposed by such license agreements.
D. Licensify may offer Images or services that users may purchase and use within the Service and the User Content in particular.
A. You retain all ownership rights in your User Content, except for Third-Party Content, Images and other parts of Licensify Content that may only be licensed or sublicensed to you, including but not limited to the content licensed to you under the Licensify license agreements (where applicable).
B. You are solely responsible for your User Content, whether created or shared through the Service. Licensify is not responsible for the accuracy, usefulness, safety, or intellectual property and other rights of or relating to User Content. You assume all risks associated with creation or use of your User Content, including but not limited to any reliance on its safety, accuracy, completeness or usefulness by others.
C. By submitting User Content to Licensify, you represent and warrant that you have the right to grant Licensify to mediate license acquisition on behalf of you.
D. You represent and warrant to Licensify that any use of the User Content as described above will not require any third party licenses, permissions or consents.
E. If you use the specific features of the Service we make available to share Images with other users and to third-party websites, services and applications, Licensify is not responsible for any subsequent use or disclosure of your content. The User Content you create, submit, post, or display may be viewed or modified by other users of the Service and through third-party services and websites if you or intended recipients of your messages decide to share it.
You have the ability to exercise some control regarding who can access your User Content by carefully selecting recipients or choosing not to use the Service at all. Your interactions with other users and services, websites and applications are solely between you and such individuals and/or entities, and we are under no obligation to become involved.
You agree that Licensify will not be responsible for any liability incurred as the result of any such interactions, use or disclosure of your User Content.
F. You agree not to use the Service to upload, distribute, send, share or otherwise use any User Content:
i. that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
ii. that is defaming, harassing, abusive, threatening, intimidating, harmful, vulgar, obscene, or offensive to any person or entity, or that contains pornography, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable;
iii. that is harmful to minors in any way;
iv. that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
v. that violates of any law, regulation, or contractual obligations.
G. Licensify reserves the right, but not an obligation, and has absolute discretion, to review, screen and delete User Content at any time and for any reason without prior notice. Licensify reserves the right, but not an obligation to demand your User Content, created through or with the help of the Service, to be deleted from any third-party services, applications and websites and corresponding accounts owned by you. You expressly agree to comply, should you receive such request from Licensify.
A. We reserve the right, in our sole discretion, to change these Terms of Service from time to time. If we make changes to these Terms of Service, we will provide notice of such changes by posting a notice on the Services or sending you an email. The revised Terms of Service will apply to your use of the Service from their effective date.
B. Licensify reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you.
C. If any modification of these terms of service or the service is not acceptable to you, your sole recourse is to terminate this agreement. Your continued use of the service following the posting of a change notice or revised terms of service will constitute binding acceptance of the change.
A. You and any third party for whom you operate an account or activity on the Service agree to indemnify, save, and hold Licensify, and its respective officers, directors, successors, predecessors, parents, contractors, licensors, authorized partners, affiliates, subsidiaries, ventures and employees (“Licensify Parties”) harmless from any and all claims, liabilities, demands, costs, losses, penalties, interest and damages (including reasonable attorneys’ fees, expert witness fees and expenses) arising out of or in connection with any claim by a third party (including users) to the extent such claim is based on or arises from:
i. your use of the Service or your User Content;
ii. any claim that the use of the Images, Licensify Content or User Content in accordance with, including without limitation these Terms of Service, the Licensify license agreements (where applicable) and other applicable license agreements, infringes any third-party right, including but not limited to intellectual property right, privacy right, or any right of personality or publicity, is offensive, or otherwise results in injury or damage to any third party;
iii. any alleged misrepresentation or act by you or alleged breach of your representations, warranties, agreements and obligations set forth in these Terms of Service, Licensify license agreements and other applicable license agreements;
iv. your violation of any laws, rules, regulations, codes or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
v. any aspect of the Service attributable to you or any other materials or services posted, uploaded, stored provided to or through Licensify and its affiliates by you.
A. If you have a dispute with one or more users or third parties, you hereby release the Licensify parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
B. The Licensify parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the Licensify parties specifically disclaim such warranties.
C. The Licensify parties are not liable to you or any third party for any modification or discontinuance of the service or any portion thereof. The Licensify parties will not have any liability whatsoever to you or any third party for any termination of these terms of service, the Licensify image license agreements and other applicable license agreements, including for termination of your Licensify account, deletion of your User Content, or termination of access to the images.
D. The Licensify parties specifically disclaim responsibility and any liability relating to or arising from the third-party content made available through any third-party service or API (such as those provided by bing, flickr, pixabay, google, gettyimages, 500px, etc.). The Licensify parties only reserve the right, but do not have an obligation, to screen such content for undesirable images and remove certain images made available through such API, should we receive a reasonable complaint.
E. You acknowledge that the Licensify parties will not be responsible for misuse of the images by users, licensees and other third parties.
In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, Licensify has adopted a policy of terminating, in appropriate circumstances and at Licensify's sole discretion, the accounts of users who are deemed to be repeat infringers. Licensify may also, at its sole discretion, limit access to Licensify's website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Licensify will respond to claims of copyright infringement committed using Licensify that are reported to Licensify's Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Licensify Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Licensify's Designated Copyright Agent.
Upon receipt of the Notice as described below, Licensify will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Licensify Services.
DMCA Notice of Alleged Infringement ("Notice"):
1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Licensify Services where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
i "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and
ii "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
6. Deliver this Notice, with all items completed, to Licensify's Designated Copyright Agent:
Licensify is committed to keeping our users happy and satisfied with their use of the Services. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at firstname.lastname@example.org.
Kärberi 16-40, Tallinn, Harjumaa, Estonia, 13812