Additional Creator Terms - Photos
The Noun Project (“The Noun Project”, “we,” “us,” or “our”) offers Services designed to provide users access to a collection of photographs made available to us (“Photos”) by photographers from around the world.
1. CONTRIBUTING PHOTOS TO THE SERVICES
By uploading any User Submissions, including without limitation Photos, 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 PHOTOS
When you upload to or otherwise include a Photo in the Photo Library, you will be prompted to choose between various licenses or designations you wish to apply to other users’ use of such Photo. Regardless of how you designate a Photo for use by other users, please be aware that, as between you and us, Photos are considered User Submissions, and the license you grant to us above applies to our use and exploitation of all Photos. In uploading any Photo to the Services, you understand and agree that we may use and exploit such Photo as described above.
(A) Public Domain. You may designate a Photo you upload as being “Public Domain.” This means that you aren’t licensing the Photo, but rather stating that the Photo is free of known copyright restrictions throughout the world. By marking a Photo 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 Photo, 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 Photo. For more details on the Public Domain designation, see Creative Commons at https://creativecommons.org/publicdomain/mark/1.0/.
(B) Creative Commons License. Through the Services, you may apply the Creative Commons Attribution-NonCommercial-NoDerivs 2.0 Generic (CC BY-NC-ND 2.0) license (“Creative Commons License”) to a Photo you own or have the right to license. The Creative Commons License allows other users to use your Photo for free through the Services, as long as they attribute it to you and do not use the Photo for commercial purposes or to create derivatives. For more details on the Creative Commons License, see https://creativecommons.org/licenses/by-nc-nd/2.0/.
“Editorial Use Only” Designation. Regardless of the license you choose, if you do not have all of the required releases for a Photo, you must designate it as “Editorial Use Only.” This designation indicates to the user that the Photo does not have an associated model, property, or other required release, and that others may have rights in how the Photo is used, such as privacy or publicity rights.
3. RECEIVING COMPENSATION FOR USE OF YOUR PHOTOS
If you make a Photo available under a Creative Commons License, and another user of the Services decides to pay the applicable License Fee in order to obtain a Royalty-Free License for such Photo, 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 Photo. “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 full 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 via email. 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 Creator Terms, please send us a detailed message to firstname.lastname@example.org, and we will try to resolve your concerns.
Effective Date: September 21, 2020