Photo Licenses
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1. When I upload a photo to Klixus what license am I granting to Klixus?
2. What license am I granting to groups if I have a photographer's profile on Klixus?
3. What license will Klixus sell my photo under?
4. Do I retain the copyright of my photos?
5. Does Klixus have any special rules regarding uploading photos, if I'm a photographer?
6. Does Klixus have any special rules regarding uploading photos, if I'm a group?
7. What happens if I find that a user has used my photo commercially?
8. A group wants to use my photo commercially or on their website, can I grant them another license?
Scroll down to see answers
1. When I upload a photo to Klixus what license am I granting to Klixus?
By uploading photos, you grant Klixus a perpetual, non-exclusive, sublicensable, irrevocable, worldwide, royalty-free license to use, distribute, reproduce, modify, store, publish, transmit, transfer, create derivative works of, publicly perform and publicly display (in whole or in part) such photos on the Klixus website, as well as on the Klixus homepage. Furthermore, you grant Klixus the right to sell your uploaded photos, collect and remit funds in connection with such photos, and sublicense these to third parties within the jurisdictions of the Klixus website. You also allow us to incorporate such photos into other works of any format or medium now known, or later developed.
Upon request to terminate your photographer's profile and account, any photos linked to a group's profile on the Klixus website, will continue to be displayed, and you allow us to continue to sell, sublicense, collect and remit funds in connection with such photos, for a three month period (from the date you request to terminate your profile and account), and you agree that you will not receive any commissions during this time. Lastly, following this three month grace period, these photos will remain indefinitely on the group's page, however, not for sale to any user.
In the case of a group terminating their profile and account, photographers allow the group's photos to remain on your profile page and you grant us the right to continue to sell, sublicense, collect and remit funds in connection with such photos, and you acknowledge that you will receive a commission of 85% for the sale of such photos. Users acknowledge and agree that no monetary or financial compensation is owing or required to be paid to the user by Klixus or any of its directors, officers, employees or partners for the rights granted herein by the user.
2. What license am I granting to groups if I have a photographer's profile on Klixus?
By uploading photos, you give us the right to grant perpetual, non-exclusive, worldwide, non-transferable, irrevocable, royalty-free licenses to groups to publish the photos on their Klixus profile page and collect funds in connection with the sale of such photos through the Klixus website. The percentage of the funds collected on the sale is agreed by you when you either submit an offer through the Klixus marketplace to take photos at a group's event, or when you are assigned to an album by the group and you upload photos and choose the commission split at that time. Upon request to terminate your profile and account, any photos linked to another group's profile on the Site, will continue to be displayed, and you allow the group to continue to collect funds in connection with such photos, for a three month period (from the date you request to terminate your profile and account), and you agree that you will not receive any commissions during this time. Following this three month grace period, these photos will remain indefinitely on the group's page, however, not for sale to any user. This license exists only as long as the group continues to have a profile page on Klixus, and will terminate at the time that a group requests to terminate their Klixus profile and account.
3. What license will Klixus sell my photo under?
When you upload photos to us, you allow Klixus to grant perpetual, non-exclusive, worldwide, non-transferable, irrevocable, royalty-free licenses to users that purchase the photo, and allow them to use the photo for personal use only.
'Personal use' means users can:
- print the photo at home or at a photo developer storefront and display it for non-commercial purposes
- use the photo on personal web pages, such as social networking sites like Facebook and MySpace
- use the photo on greeting cards, or other items intended for personal non-commercial use, or
- use the photo as a screensaver or wallpaper on your personal computer, or other use for personal enjoyment.
If users want to be able to use the photo for non-personal use, then they must contact the photographer directly and ask them to grant them a license to use it in this way.
4. Do I retain the copyright of my photos?
Yes, the person who takes the photos always remains the copyright owner of that photo. No copyright ownership is transferred by uploading photos to Klixus or when a user purchases them through the website.
5. Does Klixus have any special rules regarding uploading photos, if I'm a photographer?
Yes. To read the legal explanation, please refer to the Klixus Terms of Use by going to the
Terms and Policies page at the bottom of this website.
Make sure you are familiar with the photo licenses that apply when you upload photos to the Klixus website, click on
Photo Licenses in the
Help menu.
Here are the basic rules that apply when you upload a photo to the Klixus website.
- Photos must be digital images in JPEG format.
- Need to be a minimum pixel resolution of 800 x 1200 (200dpi) to enable a good quality 4 x 6 inch photo print.
- Need to be a minimum pixel resolution of about 4800 x 6000 (300dpi), if you want to sell it at the largest photo size, 16 x 20 inch.
- You certify that you are the owner of the copyright of the photo or have permission to upload it.
- You retain all intellectual property rights, including copyright, for the photos.
- You allow Klixus to use the photo in any way that we want, such as display it fully or partially on our homepage.
- You allow Klixus to make the photo for sale so that users can purchase and download the photos and use them for personal use only. To read more about using photos for personal use, please read the frequently asked questions under Buying Photos and Photo Usage in the Help menu.
- You accept that you are responsible for pursuing users who are found to infringe your copyright, or use your photos for anything other than personal use.
- You agree that you won't hold Klixus responsible for how users use the photo, or any claims from third-parties.
- Legally you will not send us photos that might upset or embarrass another person and you confirm that the photo doesn't contain any disabling mechanism, virus or worm that could damage or disable any software or hardware.
- By uploading photos you allow other users to submit comments to those photos.
- Photos will be stored at the 5 x 7 inch size or higher for the first 3 months. Then only 4 x 6 inch photos can be purchased.
- Since the photos may be linked to a group's profile page, you allow these event photos to remain visible in the group's profile even if you terminate your profile/account. These photos will be available for sale for a three month grace period following your request to terminate your profile/account. The commissions will be split between the group and Klixus during this time. Following this, the photos will not be available for sale, but still viewable until the group terminates their Klixus profile/account.
If you are happy with all of this, then don't hesitate, start uploading your photos now!!
6. Does Klixus have any special rules regarding uploading photos, if I'm a group?
Yes. To read the legal explanation, please refer to the Klixus Terms of Use by going to the
Terms and Policies page at the bottom of this website.
Make sure you are familiar with the photo licenses that apply when you upload photos to the Klixus website, click on
Photo Licenses in the
Help menu.
Here are the basic rules that apply when you upload a photo to the Klixus website.
- Photos must be digital images in JPEG format.
- Need to be a minimum pixel resolution of 800 x 1200 (200dpi) to enable a good quality 4 x 6 inch photo print.
- Need to be a minimum pixel resolution of about 4800 x 6000 (300dpi), if you want to sell it at the largest photo size, 16 x 20 inch.
- You certify that you are the owner of the copyright of the photo or have permission to upload it.
- You retain all intellectual property rights, including copyright, for the photos.
- You allow Klixus to use the photo in any way that we want, such as display it on our homepage.
- You allow Klixus to make the photo for sale so that users can purchase and download the photos and use them for personal use only. To read more about using photos for personal use, please read the frequently asked questions under Buying Photos and Photo Usage in the Help menu.
- You accept that you are responsible for pursuing users who are found to infringe your copyright, or use your photos for anything other than personal use.
- You agree that you won't hold Klixus responsible for how users use the photo, or any claims from third-parties.
- Legally you will not send us photos that might upset or embarrass another person and you confirm that the photo doesn't contain any disabling mechanism, virus or worm that could damage or disable any software or hardware.
- By uploading photos you allow other users to submit comments to those photos.
- Photos will be stored at the 5 x 7 inch size or higher for the first 3 months. Then only 4 x 6 inch photos can be purchased.
- If the photos are linked to a photographer's profile page on Klixus, you allow these event photos to remain visible (and available for sale) in the photographer's profile even if you terminate your profile/account. (Note: private albums will remain private). You will no longer receive commissions on the sale of these photos.
If you are happy with all of this, then don't hesitate, start uploading your photos now!!
7. What happens if I find that a user has used my photo commercially?
You are responsible for pursuing users who are found to infringe your copyright, or use your photos for anything other than personal use.
8. A group wants to use my photo commercially or on their website, can I grant them another license?
Yes, of course. As you only granted Klixus a non-exclusive license, you can continue to issue other licenses on your photos to anyone you wish.
