Date of Last Revision: December 2, 2014
Welcome to Noun Project!
Additionally, persons who have contributed Content (as defined below) to The Noun Project shall also be subject to the Additional Creator Terms located at https://thenounproject.com/legal.
1. ACCESS TO THE SERVICES
The Services are designed to provide users access to a collection of icons uploaded to the icon library on the Services by designers from around the world (each such icon, an “Icon”).
Modifications and General Practices Regarding Use and Storage: We may change, suspend or discontinue the Services at any time, with or without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
2. USE OF THE SERVICES
Without limiting the foregoing, in connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of The Noun Project and our licensors, affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. Any rights not expressly granted herein are reserved by The Noun Project.
Without limiting the foregoing, large scale copying of Content is prohibited except as expressly authorized by The Noun Project. To be clear, this applies to all Content, including Content made available as part of the public domain. The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws.
Restrictions: You warrant, represent and agree that you will not contribute any Content (including without limitation any Icon) or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party (including without limitation by misrepresenting or mischaracterizing the rights you actually hold in any Icon you upload to the Services); (ii) violates any law, statute, ordinance or regulation, or breaches any agreement to which you may be a party; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of The Noun Project; or (vi) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not us, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Mail-list, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
3. OBTAINING CONTENT THROUGH THE SERVICES
You may use Icons pursuant to the license and restrictions selected by the user that uploaded the Icon to the Service. If an Icon is provided pursuant to the Creative Commons Attribution License, you may pay a License Fee as set forth in the Services in order to use such Icon without the attribution requirement, but in accordance with all other terms of the Creative Commons Attribution License. We reserve the right to change License Fees at any time in our sole discretion, without notice to you. A list of the pricing and fee options (the “License Fees”) is located at https://thenounproject.com/pricing.
You may purchase rights to use Icons on (i) an individual basis (Single Purchase Download), (ii) through our premium account (NounPro and NounTeam) program or (iii) through our API access program (API Access Program).
You may only obtain Icons for use on items for resale: 1) by paying a License Fee to purchase an individual license for the Icon in question, 2) by providing full attribution in legible font on the item for resale that is using the Icon or 3) through paid access to our API. If you purchase a license to use an Icon on an item for resale, you may only sell 100 units of such item for each license purchased. An item for resale means any tangible merchandise where the substantial value of the product comes from the icon used; for example, a t-shirt featuring an Icon. You may not use a NounTeam or NounPro account to download Icons to use on items for resale.
4. FEES AND PAYMENT
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan (see https://thenounproject.com/accounts/pricing for pricing options) and provide us information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes. You hereby authorize us to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you. You shall be responsible for all taxes associated with Services other than U.S. taxes based on our net income.
If you pay a License fee to avoid attributing an Icon that has an attribution requirement, the License Fee will be charged to the credit card you provided to us through the Services; if we are unable to successfully complete such credit card transaction due to your error or omission, or if any amount of the License Fee is charged back to us, the waiver of attribution shall be void and you will be required to attribute the Icon to the uploader.
Any fees paid by you hereunder are non-refundable. You will be responsible for withholding, filing, reporting, and paying all taxes, duties and other governmental assessments associated with your activity in connection with the Services (except for taxes on our net income).
5. WARRANTY DISCLAIMER
You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. We make no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including without limitation any Icons for which you have paid a License Fee). Products and services purchased (whether or not following such recommendations and suggestions), including the Content licensed through the Services, are provided “AS IS” without any warranty of any kind from The Noun Project or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.
THE SERVICES, CONTENT, ICONS, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. SOCIAL NETWORKING SERVICES
In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
8. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE NOUN PROJECT OR ITS LICENSORS OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES, ANY CONTENT OR ICONS, OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND THE NOUN PROJECT REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. INTERACTION WITH THIRD PARTIES
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release The Noun Project, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
12. ARBITRATION; GOVERNING LAW
13. COPYRIGHT DISPUTE POLICY
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is our policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is our policy:
to remove or disable access to the infringing material;
to notify the content provider, member or user that it has removed or disabled access to the material; and
that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Services.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
It is our policy:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address: Attn: The Noun Project, 8603 Washington Blvd., Culver City, CA 90232.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at 8603 Washington Blvd., Culver City, CA 90232.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at email@example.com.
II. WHAT INFORMATION DOES COMPANY COLLECT?
A. Information You Provide to Us:
If you have provided us with a means of contacting you, we may use such means to communicate with you. For example, we may send you promotional offers or communicate with you about your use of the Services. Also, we may receive a confirmation when you open a message from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by following the unsubscribe link provided in each e-mail. Please note that if you do not want to receive legal notices from us, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes.
B. Information Collected Automatically:
• When we collect usage information (such as the numbers and frequency of visitors to the Website), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Services, so that we can make the Services appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal experience. We never disclose aggregate information to a partner in a manner that would identify you personally.
III. WILL COMPANY SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?
We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we do share your Personal Information with third parties as described in Section II above and in this Section:
B. Advertisers: We may deliver a file to you through the Services (known as a "web beacon") from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.
C. Affiliated Businesses and Third Party Websites We Do Not Control: In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
D. Agents: We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
F. Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
G. Protection of Company and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
H. With Your Consent Except as set forth above, you will be notified when your Personal Information may be shared with third parties in personally identifiable form, and will be able to prevent the sharing of this information.
IV. IS PERSONAL INFORMATION ABOUT ME SECURE?
Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
V. WHAT PERSONAL INFORMATION CAN I ACCESS?
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
• name and password
• email address
• country of origin
• user profile information, including images and Icons you have uploaded to the site
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at firstname.lastname@example.org.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: email@example.com.
VI. WHAT CHOICES DO I HAVE?
• You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.
• You may be able to add, update, or delete information as explained in Section V above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us at firstname.lastname@example.org. Please note that some information may remain in our records (and/or the records of other users) after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
VII. EU GENERAL DATA PROTECTION REGULATION
If you are a resident of the European Union ("EU"), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the "GDPR") with respect to your Personal Data, as outlined below.
For this section, we use the terms "Personal Data" and "processing" as they are defined in the GDPR, but "Personal Data" generally means information that can be used to individually identify a person, and "processing" generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Company will be the controller of your Personal Data processed in connection with the Services.
What Personal Data Do We Collect From You?
We collect Personal Data about you when you provide such information directly to us or when Personal Data about you is automatically collected in connection with your use of our Services.
Information we collect directly from you
We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
- First and last name
- Email addresses
- Usernames for third party services (including Twitter, Behance and Dribble)
- Credit/debit card information
Information we automatically collect when you use our Services
Some Personal Data is automatically collected when you use our Services, such as the following:
- IP address
- Device identifiers
- Web browser information
- Page view statistics
- Browsing history
- Usage information
- Transaction information (e.g. transaction amount, date and time such transaction occurred)
- Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.)
- Log data (e.g. access times, hardware and software information)
How Do We Use Your Personal Data?
We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
- Create and manage user profiles
- Communicate with you about the Services
- Process orders
- Contact you about Service announcements, updates or offers
- Provide support and assistance for the Services
- Personalize website content and communications based on your preferences
- Meet contract or legal obligations
- Respond to user inquiries
- Fulfill user requests
- Comply with our legal or contractual obligations
- Resolve disputes
- Protect against or deter fraudulent, illegal or harmful actions
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our "legitimate interests" or the legitimate interest of others, as further described below.
Legitimate Interest: We also process the Personal Data above when we believe it furthers our legitimate interests, examples of which include:
- Operation and improvement of our business, products and services
- Marketing of our products and services
- Provision of customer support
- Protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions
- Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
- Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
How and With Whom Do We Share Your Data?
- Payment processors
- Fraud prevention service providers
- Ad networks and partners
- Analytics service providers
- Hosting service providers
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested, including to other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
We also share Personal Data when we believe it is necessary to:
- Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
- Maintain the security of our products and services
We also share information with third parties when you give us consent to do so.
Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use?
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity, including by using data hosting service providers to host the information we collect.
Personal Data of Children
What Rights Do You Have Regarding Your Personal Data?
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email email@example.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
- Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by accessing your account profile.
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by accessing your account profile.
- Erasure: You can request that we erase some or all of your Personal Data from our systems.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
- Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
- Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Transfers of Personal Data
The Services are hosted and operated in the United States ("U.S.") through Company and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., and possibly other countries.
VIV. QUESTIONS OR CONCERNS
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to firstname.lastname@example.org, and we will try to resolve your concerns.
Effective Date: August 9, 2018
Additional Creator Terms
The Noun Project (“The Noun Project”, “we,” “us,” or “our”) offers Services designed to provide users access to a collection of icons uploaded by creators from around the world.
1. CONTRIBUTING CONTENT TO THE SERVICES
By uploading any User Submissions, including without limitation Icons, you represent and warrant that you own all right, title and interest in and to such User Submissions, including, without limitation, all copyright and rights of publicity contained therein.
2. CHOOSING LICENSES FOR YOUR ICONS
When you upload an Icon to the Icon Library, you will be prompted to choose between various licenses or designations you wish to apply to other users’ use of such Icon. Regardless of how you designate an Icon for use by other users, please be aware that, as between you and us, Icons are considered User Submissions, and the license you grant to us above applies to our use and exploitation of all Icons. In uploading any Icon to the Services, you understand and agree that we may use and exploit such Icon as described above.
(A) Public Domain. You may designate an Icon you upload as being “Public Domain.” This means that you aren’t licensing the Icon, but rather stating that the Icon is free of known copyright restrictions throughout the world. By marking an Icon as Public Domain, you are representing and warranting (to us and to any user of the Services) that (i) there are no attribution or payment requirements associated with another user’s use of such Icon, and (ii) you agree not to assert, or assist any third party in asserting, any intellectual property or other proprietary rights (throughout the world) with respect to such Icon. For more details on the Public Domain designation, see Creative Commons at https://creativecommons.org/publicdomain/mark/1.0/.
(B) Attribution License. Through the Services, you may apply the Creative Commons Attribution 3.0 International (CC BY 3.0) license (“Attribution License”) to an Icon you own or have the right to license. The Attribution License allows other users to use your Icon for free through the Services, as long as they attribute it to you. For more details on the Attribution License, see Creative Commons at https://creativecommons.org/licenses/by/3.0/.
Notwithstanding the foregoing, you acknowledge and agree that the attribution requirement of such Attribution License will not apply if a user pays a license fee (as set forth in the Service) to access such Icon through the Services. Users that pay a license fee may subsequently use such Icon without attribution, but in accordance with all other terms of the Attribution License.
3. RECEIVING COMPENSATION FOR USE OF YOUR ICONS
If you make an Icon available under an Attribution License, and another user or customer of the Services decides to pay the License Fee in order to forego the attribution requirement, Noun Project will pay you the following fees:
i. A fixed fee of $1.20 for each of your Icons that is purchased by a customer of the Service through a Single purchase.
ii. A revenue share percentage based on the amount of the Net Profits we receive from our Subscription Account Programs (NounPro and NounTeam access) as follows: you will receive an amount equal to 40% of the Subscription Per Icon Royalty (as defined below) for each time one of your Icons is downloaded by a customer of a Subscription Account Program. The Subscription Per Icon Royalty, which is calculated at the end of each calendar month, is equal to (i) the total Net Profits received by us in such month from our Subscription Account Programs divided by (ii) the total number of Icons downloaded in such month from such Subscription Account Programs. Because the Subscription Account Per Icon Royalty is based on the amount of Net Profits received, and the number of total Icons downloaded, in a particular month from the Subscription Account Programs, the Subscription Account Per Icon Royalty is subject to change each month.
iii. A revenue share percentage based on the amount of the Net Profits we receive from our API Access Program as follows: you will receive an amount equal to 40% of the API Per Icon Royalty (as defined below) for each time one of your Icons is used through the API Access Program. The API Per Icon Royalty, which is calculated at the end of each calendar month, is equal to (i) the total Net Profits received by us in such month from our API Access Program divided by (ii) the total number of Icons used in such month from such API Access Program. Because the API Per Icon Fee is based on the amount of Net Profits received, and the number of total Icons used, in a particular month from the API Access Program, the API Per Icon Fee is subject to change each month.
“Net Profits” means the applicable License Fees actually received by us from a Services user, upon and in consideration of such user’s download of your Icons, or subscription to the Subscription Account Programs or API Access Program, less (a) sales taxes, use taxes, withholding taxes, VAT and any other taxes, duties, or other government tariffs that a governmental authority requires us to pay with respect to the subject matter hereunder (and/or that you have failed to pay as required by a governmental authority), (b) disputes, chargebacks, or refunds. We may delay payment or refuse to make any payment due to you hereunder, without liability to us, if any of your Icons infringe (or we reasonably suspects infringe) any intellectual property or other right of any third party.
Within ten (10) business days after the end of each calendar month in which the Net Profits are received, Noun Project shall remit payment to you of the fees described above for the month then ended. At such time, you will also have access though your user account to a summary of such payments and how they were calculated. An example of such summary is located at https://thenounproject.com/creators. Payment shall be made to the PayPal account you list in your user account. Payments shall only be made in those months in which the amount due to you totals at least $10. Unpaid amounts due shall accrue until the next month in which the amount due is at least $10.
5. QUESTIONS OR CONCERNS
If you have any questions or concerns regarding the Additional Creators Terms, please send us a detailed message to email@example.com, and we will try to resolve your concerns.
Effective Date: December 2, 2014