Photos purchased via Five Dollar Photos are governed by Equalicense. The Equalicense is a royalty-free license for free stock images that attempts to fairly balance the needs of image users vs. the rights of contributing photographers. To put it simply:
You can use images for nearly any purpose, commercial or non-commercial, without attribution. You cannot sell, redistribute, or relicense the images, and you cannot sell products which derive their primary value from the image.
The following is not the complete Terms of Service (TOS). It is merely a brief summary of key elements and does not replace the TOS. Your rights and obligations are controlled solely by the TOS.
- By submitting content to Five Dollar Photos, you agree to all the terms in this agreement.
- You are granting Five Dollar Photos the non-exclusive right to license and use your submitted content.
- You always retain ownership in and to your content.
- Some content you submit may require releases, which you are responsible for providing.
- We may close your account if you are doing something wrong. You can request that we close your account at any time as well, which we will do within 90 days.
- You may not hold more than one Five Dollar Photos account, or share content with another Five Dollar Photos account, without permission.
- If your content is removed from Five Dollar Photos, existing licenses for previously downloaded content will remain in effect.
- Your content may be marketed on social media platforms.
- We will not license your content in a way that is pornographic, defamatory, deceptive, or in a way that is considered libelous, obscene, or illegal.
- Please follow Five Dollar Photos’ Contributor Guidelines when submitting content to Five Dollar Photos.
- We will pay you a royalty for each download of content for which Five Dollar Photos receives payment.
- Please do not use your account to download your own content, or to transfer content to customers.
- You may not use Five Dollar Photos’ trademarks in any form without permission.
- Please do not copy, frame, or hotlink to the Five Dollar Photos websites without permission.
- We respect your rights and may take action to protect your content. If you suspect potential misuse of your content, please contact us with the details before taking any action directly.
- You agree that you are legally able to enter into this agreement, and that none of the content you submit will violate any laws or infringe any third party's rights.
- Please do not disclose confidential information about your Five Dollar Photos account.
- If a claim arises due to your breach of your representations in this agreement, you agree to cover Five Dollar Photos for its loss. If a claim arises due to Five Dollar Photos’ breach of its representations in this agreement, Five Dollar Photos agrees to cover you for your loss.
- The party seeking indemnification agrees to notify the other party as soon as possible.
Full Terms of Service Below:
FIVE DOLLAR PHOTOS - TERMS OF SERVICE
a. This Agreement governs the terms by which photographers to members of the Five Dollar Photos community, on a non- exclusive basis through the website located at www.FiveDollarPhotos.com, and to other prospective purchasers through other distribution venues as provided for in this Agreement.
b. By confirming your acceptance of this Agreement this becomes a binding legal agreement between any member intending to upload data or materials to Five Dollar Photos and Five Dollar Photos. If you are a corporation or other entity or a minor you may be subject to further filing requirements. We encourage you to print a copy of the Agreement for your records.
c. You wish to appoint Five Dollar Photos as its non-exclusive agent to license, sublicense and distribute Content (as defined below) on the terms and conditions set forth in this Agreement. Upon accepting the terms of this Agreement, you may make Content available to Five Dollar Photos by following the “upload” procedures identified by Five Dollar Photos from time to time. Each upload of Content will be governed by the terms and conditions of this Agreement.
d. By submitting any Content to Five Dollar Photos, you grant to Five Dollar Photos a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, sublicense, sell, advertise and market any Content uploaded by you and accepted by Five Dollar Photos, until this Agreement is terminated as herein provided. You also give permission to Five Dollar Photos to add, modify or remove information related to your Content in order to manage and license such Content.
e. You grant Five Dollar Photos a worldwide, non-exclusive right to use your name, display name and Content in connection with Five Dollar Photos’ marketing and promotional activities without the payment of any compensation to you. Five Dollar Photos, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you.
2. Ownership of Content
The copyrights in all Content remain with the copyright owner, and nothing in the TOS shall be construed as a transfer of copyright to Five Dollar Photos. However, by submitting Content to Five Dollar Photos, you expressly waive any artists’ authorship rights or any droit moral that you would otherwise have under the laws of the State of New York, United States Copyright Act or similar laws of any jurisdiction, so that customers may use your Content in accordance with the Licenses issued by Five Dollar Photos.
a. You agree to provide valid and accurate model releases for all Content you contribute to Five Dollar Photos that, in Five Dollar Photos’ judgment, contains an identifiable face or identifiable human figure or other identifiable attribute including, without limitation, voice, appearance, or likeness. You also agree to provide valid and accurate property releases to Five Dollar Photos for all Content that requires such releases, which determination shall be made in Five Dollar Photos’ sole discretion. All releases shall be electronically delivered to Five Dollar Photos with the Content. Content without a release that depicts an identifiable person and/or requires a property release may be rejected by Five Dollar Photos in its sole discretion.
b. You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records.
c. The submission of falsified, inaccurate or otherwise defective model releases is a material breach of the TOS. Releases submitted by you shall not contain any terms inconsistent with the TOS or contain any restrictions not contained in the Five Dollar Photos releases.
d. You agree that Five Dollar Photos may furnish copies of releases to customers, as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, regulations, and/or union reporting requirements, or any other reason Five Dollar Photos deems reasonable in its sole discretion.
a. You agree to provide true and complete information relating to your Five Dollar Photos contributor account and Content, including but not limited to information relating to the date, location and equipment used in connection with creation of the Content;
c. Five Dollar Photos has the right to refuse to establish an account or to close any existing account, for fraud, intellectual property infringement, violation of a third party’s rights including those of privacy or publicity, artificially inflating downloads, submission of material that is obscene in nature, violent or that might be construed as defamatory, failure to comply with Five Dollar Photos’ guidelines as may be amended from time to time, for any breach of the terms of this or any other agreement that you have with Five Dollar Photos, or for convenience.
d. Five Dollar Photos will terminate your account no later than ninety (90) days following its receipt of a written request from you. For the sake of clarity, before the termination of your account is made effective by Five Dollar Photos, your Content will remain available for license by Five Dollar Photos customers. Notwithstanding the foregoing, in the event that Five Dollar Photos materially modifies the TOS and does not provide you with prior notice, you may terminate your account within thirty (30) days of the effective date of such modifications.
e. You may remove Content from your account at any time, provided that in any ninety (90) day period, you remove no more than (i) 100 items of Content; and (ii) 10% of your Content, whichever is greater.
f. If your account is terminated for any reason, you must obtain written authorization from Five Dollar Photos prior to establishing another account. You may not have more than one active contributor account at any time without the written consent of Five Dollar Photos in each instance.
g. You may not submit identical Content to more than one account without the prior written consent of Five Dollar Photos.
a. Five Dollar Photos has the right to refuse to accept or to remove Content from the Five Dollar Photos Websites for any reason. Five Dollar Photos will remove Content if Five Dollar Photos believes that such Content may (in Five Dollar Photos’ sole discretion) subject Five Dollar Photos or any of its officers, managers, directors or employees to legal action or if the Content violates the TOS. Notwithstanding the foregoing and subject to Five Dollar Photos’ discretion, Content removed by you or opted out by you for any reason may be available for license to those customers that previously purchased and downloaded versions of the removed Content.
b.The decision to accept or reject any image will be made according to the sole discretion of Five Dollar Photos.Submissions which are obscene in nature, violent or that might be construed as defamatory will not be accepted. For submissions containing nude content of artistic value, the model release must be accompanied by a photo ID of the model. Submissions must not contain sexually explicit, x-rated, or any illegal content according to US law.
b. Five Dollar Photos shall use reasonable efforts to cause Content removed from or opted out from Five Dollar Photos Websites to be removed from the websites of any Five Dollar Photos affiliates or partners (including co-branded websites) within ninety (90) days of the removal of the subject Content from the Five Dollar Photos Websites.
c. Licenses issued by Five Dollar Photos for any Content that is later removed from the Five Dollar Photos Websites will remain in full force and effect.
d. Five Dollar Photos may advertise and/or market your Content on social media platforms including Facebook, Instagram, Tumblr, Twitter, and similar sites and the applications related thereto.
6. Usage Restrictions
Five Dollar Photos will not license Content for use in connection with matter that is pornographic, defamatory or deceptive, or in a manner that could be considered libelous, obscene, or illegal in nature.
7. Content Submission Guidelines
You agree to follow Five Dollar Photos’ Contributor Guidelines, which are deemed incorporated herein and made a part hereof by this reference. The submission of Content that does not adhere to Five Dollar Photos’ Contributor Guidelines may result in the termination of your Five Dollar Photos account.
a. Five Dollar Photos shall pay you a royalty for each unique download of Content for which Five Dollar Photos receives payment. The current royalty rate is 50% of the price of the Content purchased. Other royalty rates may be granted by Five Dollar Photos to individual contributors for promotional or other purposes at its sole discretion. If a customer downloads the same item of Content more than once, you will be paid once only. Please note that there may be a reporting delay for customer downloads reflected in your Five Dollar Photos contributor account.
b. Royalty payments and accompanying statements will be issued monthly, on or about the 15th day of each month, for the previous month's downloads. Payments are automatic and do not need to be requested.
c. There is a minimum payout rate per accounting period of Five US Dollars (USD 5.00). If during an accounting period, you haven't reached the Payout Minimums, your compensation will be rolled over into the next accounting period. If you cancel your account prior to accrued earnings in your royalty account reaching the applicable Payout Minimum, you thereby forfeit such royalties.
d. If your account is terminated for a breach of the material terms of the TOS, in addition to its other rights at law or in equity, Five Dollar Photos shall have the right to retain any royalties and/or other compensation otherwise payable to you hereunder as liquidated damages.
e. You may not use the Five Dollar Photos service as a means of transferring your Content to a single customer or to a small number of customers nor may you download your own Content. Such activity constitutes a material breach of the TOS. If you engage in such activity, Five Dollar Photos may avail itself of all rights it has hereunder, including but not limited to terminating your account and/or retaining any accrued but unpaid royalties.
f. Five Dollar Photos may recoup royalties paid to you in connection with refunds issued by Five Dollar Photos by deducting applicable royalties credited to your account. Five Dollar Photos does not deduct the amount credited to your account for refunds and chargebacks in connection with any license, but it reserves the right to change this policy at any time. Such change shall not constitute a material modification to the TOS. Five Dollar Photos shall notify you of any such change in writing to the email address provided in your profile.
g. If Five Dollar Photos makes an overpayment of royalties or other compensation to you for any reason, Five Dollar Photos shall have the right to deduct the amount of such overpayment from your accrued royalties or to demand the immediate repayment of such overpaid royalties or other compensation.
h. If you receive your payments through an online payment processing service (e.g., Paypal) you may not share your online payment processing service account with another Five Dollar Photos contributor. Five Dollar Photos’ obligation to make payment to you hereunder shall be fulfilled by making payment to the online payment processing service designated by you.
9. Five Dollar Photos Trademarks
a. For the purposes of the TOS, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Five Dollar Photos.
b. Nothing contained herein grants or shall be construed to grant you any rights to use any Five Dollar Photos Trademarks.
c. You agree that you will not use Five Dollar Photos’ Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Five Dollar Photos. Nor will you contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Five Dollar Photos Trademarks or the Trademark rights claimed by Five Dollar Photos.
d. You agree that you will not use any Five Dollar Photos Trademarks or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.
e. You may not at any time, adopt or use, without Five Dollar Photos’ prior written consent any word or mark which is similar to or likely to be confused with Five Dollar Photos’ Trademarks.
f. The look and feel of the Five Dollar Photos Websites, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Five Dollar Photos and may not be copied, imitated or used, in whole or in part, without the prior written consent of Five Dollar Photos.
g. You may not frame or hotlink to the Five Dollar Photos Websites or to any item of Content other than your own without the prior written consent of Five Dollar Photos.
h. All rights in and to Five Dollar Photos’ Trademarks not expressly granted to you hereunder are reserved by Five Dollar Photos.
10. Copyright Infringement Claims
a. You hereby grant Five Dollar Photos the right and authority to take such steps as Five Dollar Photos deems commercially reasonable to protect Five Dollar Photos’ rights in the Content.
b. In the event that you believe Content has been misused, you shall take no action without providing notice of such misuse to Five Dollar Photos and receiving Five Dollar Photos’ prior written consent to such action.
c. While Five Dollar Photos takes commercially reasonable steps to ensure that the rights of its Contributors are not violated by customers or other parties, Five Dollar Photos has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content.
11. Representations and Warranties
You represent and warrant that:
a. you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
b. you are under no legal disability or contractual restriction that prevents you from entering into this agreement
c. you are at least 18 years of age;
d. the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
e. if the Content contains sound recordings, music and/or lyrics, you own or have acquired all rights to use such sound recordings, music and/or lyrics from the owner of the copyright in such sound recordings, music and/or lyrics.
f. if the Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs (e.g., Photoshop, Daz, Illustrator), the end user license agreement, terms of service or the equivalent license held by you permits you to incorporate such elements in Content created by you, and to license such Content to Five Dollar Photos for the purposes set forth herein.
g. the Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.
h. you possess valid Credentials for each item of “Editorial Use Only” Content for which credentials may be required.
i. there is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by you hereunder; and
j. you will not transmit unsolicited emails or engage in so-called “spamming” to publicize or promote your relationship with Five Dollar Photos or the sale of your Content – nor will you advertise or otherwise publicize your relationship with Five Dollar Photos, nor will you use Five Dollar Photos’ Trademarks through the use of search engine advertising and/or marketing.
k. You acknowledge that such advertising and/or marketing might infringe on the intellectual property rights of Five Dollar Photos and/or third parties. In addition to its other rights and/or remedies under the TOS, Five Dollar Photos shall be under no obligation to pay you any compensation if you violate the terms of this subparagraph.
Five Dollar Photos represents and warrants that:
a. it has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder; and
b. upon making or learning of any claim that is inconsistent with any of the warranties or representations made by you, Five Dollar Photos may send you written notice of such claim, using the email address provided by you to Five Dollar Photos, specifying the details of the claim as then known to Five Dollar Photos.
c. Pending the determination of such claim, Five Dollar Photos may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Five Dollar Photos. You will cooperate fully with Five Dollar Photos in the defense of any such claims. You may participate in the defense of any claim through counsel of your selection at your own expense.
By submitting any Content to Five Dollar Photos, you acknowledge that you will acquire certain confidential and proprietary information, including but not limited to royalty rates, royalty payments and earnings data (collectively, “Confidential Information”). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.
a. You agree to indemnify and hold Five Dollar Photos, its subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the TOS. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.
b. Five Dollar Photos shall indemnify and hold you harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of any breach or claimed breach of any of Five Dollar Photos’ representations or warranties or any of Five Dollar Photos’ obligations pursuant to the TOS. Five Dollar Photos will only be liable for incidental, consequential, or special damages in the case of third party claims.
c. If Five Dollar Photos is the indemnifying party, it shall defend such claims, control litigation, and settle claims in its sole discretion. If a settlement creates a financial obligation for you, it shall require your written consent, which you will not unreasonably withhold or delay. If you are the indemnifying party, Five Dollar Photos shall have the right but not the obligation to assume control of any litigation.
When indemnification is sought due to a legal claim by a third party, the indemnified party shall:
i. promptly notify the indemnifying party of the claim. If the indemnified party does not notify the indemnifying party, the indemnifying party must still meet its indemnification obligations under the TOS, unless the failure to notify causes material prejudice to the indemnifying party; and
ii. give the indemnifying party the opportunity to defend the claim with counsel reasonably acceptable to the indemnified party. Counsel that is acceptable to indemnifying party’s errors and omissions insurance carrier shall be deemed to be acceptable to indemnified party. The indemnified party agrees to cooperate with the indemnifying party in the defense of any claim, at the indemnified party’s expense. If for any reason the indemnifying party does not elect to or fails to defend a claim, the indemnified party may do so at the indemnifying party’s sole expense
The relationship of the parties is that of Five Dollar Photos as non-exclusive agent to license, sublicense and distribute Content. There is no other relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties.
The TOS contains the entire understanding of the parties with respect to the subject matter covered herein and supersede any prior agreements with respect to such subject matter.
The validity, interpretation and enforcement of the TOS, matters arising out of or related to the TOS or its making, performance or breach, and related matters shall be governed by the internal laws of the State of Mississippi (without reference to choice of law doctrine).
Any legal action or proceeding concerning the validity, interpretation and enforcement of the TOS, matters arising out of or related to this TOS or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of New York in the County of New York or of the United States of America for the Southern District of New York, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
If any individual term of the TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that the TOS shall otherwise remain in full force and effect. The TOS shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.
Five Dollar Photos will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your Content or the termination of your Contributor Account.
Please note that Five Dollar Photos reserves the right to modify these terms at any time by an announcement on your profile page. You agree to be bound by all such changes. If you do not agree with any of the changes, please remove from Five Dollar Photos, pursuant to the terms herein, all or that portion of your Content to which you do not wish the changes to apply.
In the event that you breach any of the terms of this or any other agreement with Five Dollar Photos, Five Dollar Photos shall have the right to terminate your account without further notice, in addition to Five Dollar Photos’ other rights at law and/or equity.
It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.