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 required to choose between various licenses or designations you wish to apply to other users’ use of such Photo, and communicate such choice to us in writing or via the Services. 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 Attribution NonCommercial NoDerivatives License (CC BY-NC-ND 2.0). 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 CC BY-NC-ND 2.0 License, 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 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.
- 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 Photo Royalty (as defined below) for each time one of your Photos is downloaded by a customer of a Subscription Account Program. The Subscription Per Photo 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 Photos downloaded in such month from such Subscription Account Programs. Because the Subscription Account Per Photo Royalty is based on the amount of Net Profits received, and the number of total Photos downloaded, in a particular month from the Subscription Account Programs, the Subscription Account Per Photo 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 Photo Royalty (as defined below) for each time one of your Photos is used through the API Access Program. The API Per Photo 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 Photos used in such month from such API Access Program. Because the API Per Photo Fee is based on the amount of Net Profits received, and the number of total Photos used, in a particular month from the API Access Program, the API Per Photo 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 Photos, 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 Photos 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 $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 email@example.com, and we will try to resolve your concerns.
Effective Date: February 28, 2023