BYLINED ME, INC (“BYLINED” or “we”) offers a platform for registered Users (“you” or “Users”), which include both licensees (“Buyers”) and licensors (“Byliners”) to license Content (defined as but not limited to photography, images, graphics, audio and video clips, text and data) in an online marketplace. Buyers can create and publish requests for specific types of Content (each called an Assignment) and Byliners can submit Content in response to an Assignment, for possible license. In addition, BYLINED hosts a collection of Content that it makes available to all Buyers for possible license through a searchable collection of Content where Buyers may purchase individually. Content that is not used in an Assignment will expire and will eventually be removed from our system. Users or other Content owners can establish and upload their Content to an online profile, where such Content ("Profile Content"), may be licensed by Buyers directly from the Byliner. Further information on how Users can request Content, submit Content, and license Content can be found below or in our FAQ’s.
Plain English: BYLINED brings Buyers looking to buy content together with content-creating fans and customers looking to sell content.
Plain English: Please be cool and follow all the rules.
YOU AGREE THAT DISPUTES BETWEEN YOU AND BYLINED ME, INC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION. FOR FURTHER INFORMATION PLEASE CONSULT THE “ARBITRATION” SECTION BELOW.
Plain English: If there's an issue, let’s just 'talk it out'.
You must be at least 18 years old to register to use the Service. If you are registering to use the Service on behalf of a legal entity, (i) you must be the authorized representative of such entity; and (ii) with respect to any Buyer, have the full power and authority to bind Buyer to the License Grant; and (iii) if Buyer subsequently disputes such power or authority, you shall be liable for any failure of Buyer to comply with the terms of this Agreement.
BYLINED may, in its sole discretion, refuse to offer the Service to any person or entity and may change the eligibility criteria at any time.
Plain English: You need to be 18 or older to use the service and we reserve the right to refuse service to anyone.
Plain English: Just as in life, our processes will likely change over time.
BYLINED takes reasonable measures to ensure that the Service is accessible 24 hours a day, seven days a week. We reserve the right, at our discretion, to take necessary technological, maintenance or security measures that may affect the accessibility of Service, including shut down of the Service. We will store digital files (including but not limited to images, graphics, audio and video clips, text and data (collectively, and including all Marketplace Content and Profile Content, “Content”) uploaded by a User to the Service in the same format as uploaded, but we will not be responsible for any loss, damage or alteration of the Content that occurs during the file transfer to or from our servers.
Plain English: Make sure you back up your work.
Plain English: We won't share your information with anyone. When your photo sells, you get paid through PayPal, Square or Direct Deposit (it’s up to you), and, please read these services Terms and Conditions and Privacy Policies carefully.
You are solely and fully liable for all conduct, Content, Assignments, User profiles and transactions that are made under your username and password. You are solely responsible for keeping your passwords safe and secure. You agree that while using the Service you will comply with the following rules:
Plain English: Play nice or else.
Buyers can request photo content through the creation of an Assignment following the instructions detailed within the Service and in the BYLINED FAQ's. Byliners may need to reach a certain user level before they can respond to and participate in an Assignment.
BYLINED may also offer photo Assignments within the Service (“BYLINED Assignments”). Byliners who submit Content in response to an Assignment may also be eligible to submit to BYLINED Assignments that BYLINED or Buyers may run from time to time. Buyers may also license photos from BYLINED Assignment posted by BYLINED at any time. Assignment photo content are governed by the same Prohibited Uses defined below. Please be sure to read and understand the Assignment rules as posted on the Service.
Plain English: On BYLINED, Buyers make a creative brief for photo content called ‘Assignments' and Byliners can submit photo content to them.
Content uploaded to a Byliner' profile as samples of their work (“Profile Content”), but not included in the Marketplace, may also be made available for purchase to Buyers. BYLINED, in its sole discretion, may review any Content submitted by Byliners to their profile and include it in the Marketplace. Under no circumstances shall BYLINED indemnify Buyers who license Profile Content that is not chosen for the Marketplace. More information regarding use of Your profile, managing your Profile Content and maximizing your licensing opportunities, can be found in our FAQs. Please do not include your own watermarks in uploaded Content. Photos uploaded to BYLINED are automatically watermarked to ensure your copyright protection. When a Buyer licenses Content hereunder, the watermark is removed when the Content is downloaded. If you upload a photo with your own watermark there may be technical or attribution issues, and opportunities for to the image will be diminished.
Plain English: Photos may be for sale on a Byliner's profile but not all of them have the same indemnification guarantee from BYLINED. Also, no watermarks when submitting photo content, please.
By submitting a photo to an Assignment, you agree to opt-in to receive e-mail communications from the Buyer posting the Assignment. If you choose to opt out of such future communications from the Buyer, you will be able to do so by following the instructions on any electronic communications sent by them.
Plain English: If you submit photos to an Assignment, you may receive e-mail offers from the brand/business hosting the Assignment.
BYLINED automatically uses various technologies to determine your location, such as location services of the applicable operating system or browser and sensor data from your device in order to tailor your BYLINED experience to your current location. Also, BYLINED may use your mobile device’s ‘background location’ services to send you notifications on Assignments nearby. If you have ‘background location’ turned on, BYLINED will, from time to time, request your location even if you are not directly interacting with BYLINED. BYLINED may also use anonymized historical location information to improve the platform.
Plain English: We want to notify you of Assignments nearby using location services.
Buyer agrees that it shall provide attribution to the Byliner in connection with any editorial use of Content licensed via BYLINED, unless the Byliner waives any right to attribution directly. Notwithstanding the above, BYLINED shall not be responsible if the Buyer fails to credit the Byliner.
Plain English: If you license photos for editorial use, you will attribute the selling Byliner. Don't forget, but if it happens, it's not on us.
License Grants; Terms Each User grants the following licenses where applicable:
Each Buyer that purchases Content, creates an Assignment or each Byliner that uploads Content to the Service agrees to grant the following licenses where applicable:
A. License to BYLINED for use in the Platform: A worldwide, non-exclusive, royalty-free, transferable license to reproduce, distribute, display and to create derivative works of Content uploaded to BYLINED in connection with its offering of the Services, including for promoting the Service; and/or redistributing the Service through third parties in any format and through any distribution channels.
Plain English: Byliners, we may use your work in order to promote you and BYLINED. If so, you offer a Royalty Free license to Buyers. We’ll also give you attribution.
B. License To BYLINED for the Marketplace: A worldwide, royalty-free, transferable license (that is exclusive in the case of Premium Content) to reproduce, distribute, publish, transmit and display (in whole or in part) and to create derivative works of the Content uploaded by Byliners (collectively 'use') with the right to grant sublicenses to licensees to use the Content, in all media throughout the world, for all legal purposes, other than those uses prohibited below under Prohibited Uses. This grant of rights includes the right to permit BYLINED to use the services of third party distributors to offer selected Content for licensing.
Plain English: Byliners: Your photos may be licensed from the Marketplace and through our partners around the world.
Each Byliner grants to each Buyer: A.) A worldwide, non-exclusive, royalty-free license to grant access to the Content through the Service for review purposes (as defined in this agreement); and B.) upon selection of Content for license by a Buyer and payment therefor, a perpetual, non-exclusive, non-transferable, non-sub-licensable, royalty-free worldwide personal and commercial license to, reproduce, distribute, publish, transmit and display, in whole or in part, the Content, and create derivative works from the Content in any and all media for all legal purposes other than those uses prohibited below under Prohibited Uses or as stated with the Content's Permission Status limits. Buyer 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 Buyer only. All rights to the Content shall continue to be owned by the Buyer.
Plain English: You offer a Royalty Free license to Buyers. Buyers can only use the photos as described above - they own them.
By way of example only, as part of the License Grant to a Buyer, the Buyer is permitted to:
Have the Content reproduced by subcontractors of Buyer for the preparation of the Content, and shared with clients and 3rd party vendors, provided that such subcontractors agree to abide by the provisions of this Agreement;
Incorporate the Content into print, digital, and social marketing and advertising campaigns, on merchandise for resale or distribution (except for “print on demand”), without limitation to any size of the production run of such merchandise, including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online or paper greeting cards, provided that the merchandise contains text or written words and the Content is as one item; or that the Content, alone, is not the primary factor driving the sale of the merchandise.
Plain English: We give Buyers the right to work with others to get their final advertising campaigns completed & run. Buyers can use our photos on physical items like print ads, billboards, and product packaging.
This license is a limited license. Buyer may not:
Plain English: Buyers, don't do any of the above without separate permission from the Byliner or BYLINED or the deal is off.
Byliner grants, for a period of thirty (30) days, a non-exclusive, non-sublicensable, non-transferable and non-assignable right to use any selected Content made available as a protected and water marked file, and any derivatives or copies created (collectively, the "Licensed Content"), on your personal computer and, in any test, sample, comp or rough cut evaluation materials. The Content may only be used non-commercially, in materials for personal evaluation purposes or sample use only, including layouts.
Plain English: Buyers can kick the tires on a photo and pitch it to their clients, both internal and external.
All licenses to the Content granted by a Byliner to BYLINED according to the above shall automatically terminate when the Byliner or BYLINED, as the case may be, removes or deletes the Content from the Service. Termination or removal of Content by a Byliner shall not affect any previously granted licenses to Buyers. Please review our FAQs for more information regarding management of Your Content and your profile.
Plain English: If a photo is sold to a Buyer and the Byliner leaves BYLINED, the Buyer still gets to use their licensed photo.
For any Content licensed, the Buyer agrees to pay the amount posted on the Assignment by way of posted amount (“License Fee”) in US Dollar; and Byliner agrees to pay a separate service charge to BYLINED for the use of the Service (“Service Charge). Service Charges are the responsibility of the Buyer and are equal to 25% of the posted amount on the Assignment.
Please note: Payments will be processed on the 1st of the following month, providing your balance is $25 or more. If the 1st is a weekend or US holiday, the payment will be made on a prior business day. In any event, once you request a payout, it currently averages up to 15 business days to receive money in your chosen account. Assignment payouts will be totaled at the end of the month and paid out on the 1st of the following month upon request. Payments may not be released to the Byliner until all licensing fees are collected to from the Buyer, and at such time, the Byliner's earning will be made available.
Plain English: Byliners keep 100% of the Bounty. BYLINED applies a 25% service charge to Buyers.
Payment of License Fees. License Fees are collected directly by BYLINED via the payment facilitator at the time the transaction occurs. The Transaction Fees are automatically deposited into BYLINED’s account and then distributed to Byliners via the Byliner’s chosen BYLINED-supported payment facilitator after a 3-day settlement period. After the settlement period has passed, Byliner has the right to withdraw payouts associated with License Fees. All sales are final and there is no cancellation once a license transaction has occurred. License Fees paid to the Byliner for the Content is taxable income in most countries. Byliners who receive License Fees shall be liable for ensuring that all payments of tax, and other payments are duly remitted in accordance with the applicable legislation of their country and region.
Plain English: We charge Buyers and pay Byliners using Stripe, Square, and Paypal. We then keep a percentage to run the business. Oh, and you have to do your own taxes.
BYLINED does not employ Users in any way. As such, BYLINED will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with Your use of the Service or any transactions in connection therewith. You understand and agree that if BYLINED is found to be liable for any tax or withholding tax in connection with Your use of the Services, then you will immediately reimburse and pay to BYLINED an equivalent amount, including any interest or penalties thereon.
Plain English: Just because you use BYLINED does not mean we hired you.
Plain English: You’re telling the truth.
Plain English: You promise not to blame us for your negligence.
BYLINED represents and warrants that the Content (as submitted and unaltered by Users) that is downloaded and used in full compliance with this Agreement and applicable law will not infringe any copyright, trademark or other intellectual property right, and such unaltered Content does not violate any third parties' rights of privacy or publicity; and (b) unaltered Content does not and will not: (i) violate any US law; (ii) be defamatory or libelous; or (iii) be pornographic or obscene.
Plain English: When a Buyer licenses a photo we'll stand by this agreement.
Plain English: We'll stand by our Buyers and Photographers if there's a problem up to a $10,000 limit.
Upon notice from BYLINED, or upon your knowledge that any Content is subject to a threatened, potential or actual claim for which Content owner or BYLINED may be liable, you must immediately and at your own expense (a) stop using the Content; (b) delete or remove the Content and any uses of the Content from your premises, computer systems and storage (electronic or physical); and (c) ensure that your clients, partners and any entity to whom you’ve provided Content do likewise. BYLINED shall provide you with replacement Content (which shall be determined by BYLINED in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
OTHER THAN AS SET FORTH IN INDEMNIFICATION ABOVE, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BYLINED AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT OWNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL BYLINED, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT OWNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
BYLINED has adopted and implemented the BYLINED Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
Plain English: If a User reports a problem, we have a right to make it go away.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BYLINED. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from BYLINED, you do so at your own risk and you agree that BYLINED will have no liability arising from your use of or access to any third-party website, service, or content.
Plain English: Navigate to outside hyperlinks at your own risk.
Plain English: If things go sideways, we’re calling in an Arbitrator.
Plain English: If you have a dispute, you need to bring it to Columbus.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the website is BYLINED ME, INC.
BYLINED ME, INC.
629 N High St
Columbus, OH 43215
By email: firstname.lastname@example.org
To file a complaint or to receive further information regarding use of the Service, send a letter to the above address, contact BYLINED via e-mail or telephone at 614-282-4450.
You may also contact the Office of Consumers' Counsel at 77 South High Street, 15th Floor, Columbus, OH 43266-0550. 614-466-8574 (outside OH) E-mail: email@example.com
Web site: www.state.oh.us/cons/