Some general terms and conditions you should know when using Lensy
Please read these carefully before using this site
- This website www.lensy.com (the “Site”) is provided by We Are Clique Pte Ltd (“Lensy/we/our/us”). We are registered in Singapore under Company Number 201316935N with offices at 50A Circular Road, Singapore 049205. We are an exempt private limited company limited by shares.
- The Site is a community marketplace where everyday photographers can feature and license their content ("Marketplace"), including but not limited to text, graphics, photographic images ("Content") to other individuals and businesses that require stock photography.
- Unless otherwise indicated and without prejudice to your rights as a licensor of the Content (“Seller”), all of the Content featured or displayed, including, but not limited to text, graphics, data, photographic images, software and the selection and arrangement thereof is owned by Lensy, our licensors or our third-party image partners.
- We do not guarantee that the Site, or any Content on it, will be free from errors or omissions.
- The content proprietary to Lensy on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
- Whenever you make use of a feature that allows you to upload Content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
CHANGES TO THESE TERMS
- Please check this page from time to time to take notice of any changes we made, as they are binding on you.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
CHANGES TO OUR SITE
- We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
- We reserve the right to cancel or suspend your membership and/or moderate or remove content from your postings which we consider to be contentious or not in compliance with these terms.
ACCESS TO THE SITE
- Access to the Site is free of charge. However, service fees and commissions may be charged on successful transactions and for administrative purposes (“Charges”). The Charges are subject to our discretion and may be revised from time to time. You may assess our Pricing Policy.
- Your access to and use of this Site may be interrupted from time to time as a result of malfunction, updating, maintenance or repair of the Site or any other reason within or outside of the control of Lensy.
- Lensy reserves the right to suspend or discontinue the availability of the Site or remove any Content at any time at our sole discretion and without prior notice. Lensy may also impose certain limits on certain features or restrict your access to parts of or all of the Site without notice or liability.
BUYERS: LICENSING CONTENT
- If you are an individual or entity licensing Content ("Buyer"), you may only do so if you are above 18 years of age.
- Each Content can be purchased under one of the two types of licenses: the "Editorial only" license or the "Commercial" license.
- Content marked "Editorial only" are sold under a limited license and are prohibited for commercial use and advertising. This Content may contain images of people without Model Releases, private property, famous trademarks and other protected elements which special permission is required for commercial use or advertising.
- Examples of permitted uses for Content marked "Editorial only" include non-commercial use such as in newspapers, magazines, articles or publications in blogs, websites, social media editorial posts, articles in reference books and non-commercial presentations.
- Examples of prohibited uses of "Editorial only" Content include any commercial purposes such as advertising or marketing activity and in products or promotions.
- Content marked "Commercial" may be used for commercial purposes such as advertising or marketing, for the promotion of goods and products etc.
- Examples of permitted uses for Content marked "Commercial" include Print and Outdoor Advertisements, Web Advertising, Digtial Banners, Social Media, Web Video, Email Promotions, Apps, Corporate, Retail and Promotional Websites.
- You are permitted to incorporate Content with a "Commercial" license into merchandise for resale or distribution (with the exception of "print on demand"), without any limitation to any size of the production run of such merchandise, including but not limited to clothing, artwork, magnets, posters and online or paper greeting cards, provided that the photo alone is not the primary factor driving the sale of the merchandise.
- All Content marked "Commercial" can be used for purposes covered under the "Editorial" license.
- By purchasing Content, you will receive a perpetual, non-exclusive, non-transferable, non-sublicensable royalty free worldwide license and right to use it an unlimited number of times across all media within the scope of the purchased license. View our full Licensing Agreement here
- This does not grant you the copyright and other intellectual property rights to the Content. All the rights to the Content including but not limited to, all copyrights and other intellectual property rights are preserved by the Seller who has uploaded this Content to Lensy.
- Prohibited Uses: Under no circumstances can Content be used for the following purposes
- Making a licensed Content available for free downloads
- Creating conditions under which the Content may be extracted from a product
- Transferring or reselling to third parties a sublicense or rights to the Content
- Allowing third parties access to the Content for further use
- Creating an official logo, company name or trademark
- Showing a person depicted in the Content in sensitive scenarios that could reasonably be considered offensive or unflattering to that person (e.g. related to mental or physical deficits, sexual or implied sexual activity or preference, crime, physical or mental abuse or aliments).
- For SPAM mailings
- Any use that is in breach of applicable law (including but not limited to personal privacy, racial hatred, pornography, slander, instigation of rebellion, unlawful description of violence, and/or violation of copyright or any intellectual property law or violations of the personal data act) or be deemed as threatening, insulting, racist, offensive, vulgar and/or indecent.
- There is no refund policy for Buyers. You will not be able to request for a refund of money paid for the Content that you licensed.
- Content on the Site that is marked free are curated by Lensy from photographers that have made these Content available for free to use under the Creative Commons Zero License. For more details on the license, click here.
- Neither Lensy, nor its management, officers, employees, affiliates, subsidiaries or agents shall be liable for any direct or indirect damages resulting from deliberate or accidental actions in connection with the use or inability to use any of the Content from the Site.
SELLERS: LICENSING CONTENT
- If you are uploading Content to the Site, you may only do so if you are above 18 years of age.
- You warrant that you are the owner of the copyrights subsisting in the Content.
- You ensure that the Content are not in breach of applicable law (including but not limited to personal privacy, harassment, racial hatred, pornography, slander, instigation of rebellion, unlawful description of violence, and/or violation of copyright or any intellectual property law or violations of the personal data act) or be deemed as threatening, insulting, racist, offensive, vulgar, immoral and/or indecent.
- You agree to grant us a perpetual, multi-seat, royalty free, non-exclusive, transferable license and right of use to such Content for Commercial or Editorial purposes as indicated in the licensing of the photo. This includes the right to modify, reproduce, publish and display the Content with the right to grant sublicenses to Buyers to use the Content in all media throughout the world. This grant of rights includes the right to permit us to use the services of third party distributors to offer selected Content for licensing.
- You agree to grant Buyers who purchase your Content, a perpetual, non-exclusive, non-transferable, non-sublicensable, multi-seat, royalty free license and right of use to such Content, for commercial (“Commercial”) or non-commercial (“Editorial”) purposes as indicated in the licensing of the photo, across all media worldwide. This includes the right to modify, reproduce, publish and display the Content in whole or in part and create derivatives works from the Content in any and all media for all legal purposes other than those uses prohibited under Prohibited Uses. In addition, Buyers may store the Content in a closed digital library, network configuration or similar arrangement to allow the Content to be viewed by employees, partners and clients of the Buyer only. View our full Licensing Agreement here
- You agree to grant Buyers for a limited period, a non-exclusive, non-sublicensable, non-transferable, non-assignable right to use any selected Content made available as a protected and watermarked file on very limited terms soley to enable the images to be used to create comps and layouts for evaluation and/or to be shown to and assessed by the Buyer’s internal management and/or clients.
- All the rights to the Content including but not limited to, all copyrights and other intellectual property rights are preserved by you when you upload this Content to the Site.
- The Content you upload to our site will be considered non-confidential, and we have the right to use, copy, distribute and disclose to third parties any such Content for any purpose, and that by uploading the same, you are not in breach of any obligation owed by you to another person to maintain confidentiality
- You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- You can choose to remove your Content at any point by deleting it.
PRICING AND PAYMENTS
- All fees referred to in our Site are denominated in Singapore Dollars.
- We reserve the right to charge a transaction fee for facilitating the sale of each photo. On the Lensy marketplace where each photo sells for S$10, you will receive a net commission fee of S$5 per photo sold.
- Sellers can license their photos for an unlimited number of times unless otherwise stated.
- We reserve the right to adjust transaction fees at our discretion and will notify you of changes to the fee schedule by posting an announcement on Lensy.
- Sellers can choose to cash out or donate their sales payouts to charity by indicating their preference under Account Settings in their Lensy Dashboard.
- All payouts will be made quarterly and we will review your payout preference on the last day of each quarter to determine your selection to cash out or donate.
- For Sellers who choose to cash out, all commission fees made will be credited to the respective Sellers’ designated Paypal accounts at the start of the next quarter. If your photos were sold between January to March, you will receive payment by the 1st of April. If your photos were sold between April and June, you will receive payment by the 1st of July. If you photos were sold between July to September, you will receive payment by the 1st of Oct. If your photos were sold between October to December, you will receive payment by the 1st of January the following year. Should you wish to cash out your commission fees earlier, please let us know by emailing us at firstname.lastname@example.org
- There will be instances where the transfer of payment via Paypal using the email account provided by you will be unsuccessful due to restrictions with your Paypal account. Please contact us if you do not receive your quarterly payments by the end of each quarter. You may be required to update us with an alternative email account before payment is made through Paypal again.
- It is your responsibility as Seller to accept incoming payments from Paypal accounts. Lensy is not responsible for refunding any payment that has not been accepted by you. Any questions pertaining to the non-accepted or refunded payments should be addressed to us at email@example.com.
- We will consolidate the payouts for all Sellers that have selected to donate their payouts for that quarter and make a one-time donation.
- Lensy will also donate our own sales proceeds net of any third party transaction fees and costs incurred.
- The charity that Lensy supports is Medecins Sans Frontieres (MSF).
- We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of our site.
- We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
- This Site should not be used or relied upon for the storage of your photographs and images and you are directed to retain your own copies of all Content uploaded on the site.
- If you believe that any material on this Site infringes upon any copyright that you own or control, you shall file a notification of such infringement by contacting us at firstname.lastname@example.org, immediately.
- We reserve the right to review, edit and remove Content without reference to you at any time we deem the Content:
- Not to be in accordance with the rules of engagement; or
- Does not fulfill the quality requirements and standards set.
- Should a Seller not agree with our decision not to include content or to remove content from our site, the Seller may write in to file a report.
- We reserve the right to remove and ban users who do not observe the rules of engagement.
- We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
- You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse and Cybersecurity Act (Cap 50A). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LIMITATION OF LIABILITY
- Use of, or inability to use, our site; or
- Use of or reliance on any content displayed on our site.
- If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content posted by you or any other users and the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- By your use of the Site, you expressly and irrevocably release and discharge Lensy, our affiliated and associated companies and their respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceeding, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of Lensy and our services.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
LINKING TO OUR SITE
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
- If you wish to make any use of content on our site other than that set out above, please contact us at firstname.lastname@example.org.
- Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
TRADE MARKS AND INTELLECTUAL PROPERTY
- The trade marks and other intellectual property rights used by in, for or incidental to the Site are proprietary to us. Any unauthorised use is prohibited unless prior consent was given by us to you in writing.
- To contact us, please email to email@example.com.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.lensy.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions of use.
This website is a site operated by We Are Clique Pte Ltd (we or us).
- You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions of use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
- We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
- Online surveys.
- Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
- We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
- Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- These content standards apply to any and all material which you contribute to or post on our site (contributions), and to any interactive services associated with it.
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in Singapore and in any country from which they are posted.
- Be placed in the correct and appropriate categories. You shall be responsible for your postings, the authenticity and origin of the objects referred to in each posting.
- Ensure that you either have all ownership rights to the object posted or all rights allowing you to post the object for rental.
- Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.