Additional Creator Terms - Icons
The Noun Project (“The Noun Project”, “we,” “us,” or “our”) offers Services designed to provide users access to a collection of icons made available to us (“Icons”) by creators from around the world.
1. CONTRIBUTING ICONS 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) Creative Commons Attribution License (CC BY 3.0).. 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/.
3. RECEIVING COMPENSATION FOR USE OF YOUR ICONS
If you make an Icon available under a CC BY 3.0, and another user or customer of the Services decides to pay the applicable License Fee in order to obtain a Royalty-Free License for such Icon, Noun Project will pay you the following fees:
- A revenue share of sixty percent (60%) of the amount of the Net Profits that we receive from the direct sale of such Icon.
- 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 forty percent (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.
- 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 forty percent (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, royalty and other withholding taxes, VAT and any other taxes, duties, third-party mobile platform fees and commissions, third party service fees, 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.
By the last calendar day in the month that follows the 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 be provided to a summary of such payments and how they were calculated. 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 $25. Unpaid amounts due shall accrue until the next month in which the amount due is at least $25.
5.QUESTIONS, TAKEDOWN REQUESTS, OR CONCERNS
If you have any questions or concerns regarding the Additional Creator Terms, please send us a detailed message to firstname.lastname@example.org, and we will try to resolve your concerns. If you wish for The Noun Project to remove your submitted Icons from the Service, please submit a written request to email@example.com identifying yourself and the Icon you would like removed. The Noun Project will make commercially reasonable efforts to remove the applicable Icon within fifteen (15) days after receiving such a request.
Effective Date: February 28, 2023