Othericons (“Othericons”, “we,” “us,” or “our”) offers Services designed to provide users access to a collection of icons uploaded by creators from around the world.
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.
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) Attribution License. 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/.
Notwithstanding the foregoing, you acknowledge and agree that the attribution requirement of such Attribution License will not apply if a user pays a license fee (as set forth in the Service) to access such Icon through the Services. Users that pay a license fee may subsequently use such Icon without attribution, but in accordance with all other terms of the Attribution License.
If you make an Icon available under an Attribution License, and another user or customer of the Services decides to pay the License Fee in order to forego the attribution requirement, Othericons will pay you the following fees:
i. A fixed fee of $1.20 for each of your Icons that is purchased by a customer of the Service through a Single purchase.
ii. A revenue from each sale of your iconset (library) with 30% cut. You will recieve only 70% from it’s original prize.
“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, 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 calendar month in which the Profits are received, Othericons shall remit payment to you of the fees described above for the month then ended. At such time, you will also have access though your user account 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.
If you have any questions or concerns regarding the Additional Creators Terms, please send us a detailed message to email@example.com, and we will try to resolve your concerns.
Effective Date: December 1, 2015