来源于Pixbay图片的可商用许可说明

服务条款

Date of Last Revision: March 27, 2020

The following is a legal agreement between you (“you” or “User/s”) and the owners and operators (“we”, “us”, or “Pixabay”) of the site at pixabay.com (the “Website”) and all related websites, software, mobile apps, plug-ins and other services that we provide (together, the “Service”). Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Pixabay to be bound by the terms and conditions in these Terms of Service (“Terms”).

“Content” shall refer collectively to all Images, Videos and Audio uploaded to Pixabay and made available under the Pixabay License and the Pixabay Audio License. “Image/s” includes photographs, vectors, drawings, and illustrations. “Video” refers to any moving images, animations, films, or other audio/visual representations. “Audio” refers to any music or other audio file.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Any such changes will become effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.

Requirements and Registration

You may use the Service only if you can form a binding contract with Pixabay, and only in compliance with these Terms and all applicable laws, rules, and regulations. The Service is not available to any Users previously removed from the Service by Pixabay. You may be required to register with us in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, and current information as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years old, you may use the Service only with the approval of your parent, guardian, or teacher.

Use of the Service

In connection with your use of the Service, you must not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. The technology and software underlying the Service or distributed in connection therewith is the property of Pixabay and our licensors, affiliates, and partners, and you are granted no license in respect of that Software. You agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. Any rights not expressly granted herein are reserved by Pixabay. Large scale or systematic copying of Content, including using any of the methods referred to above, is prohibited except as expressly authorized by Pixabay.

This applies to all Content, including Content, including Content made available as part of the public domain. The Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.

License for Content – Pixabay License

Content on Pixabay is made available to you on the following terms (“Pixabay License”). Under the Pixabay License you are granted an irrevocable, worldwide, non-exclusive, and royalty-free right to use, download, copy, modify or adapt the Content for commercial or non-commercial purposes. Attribution of the photographer, videographer, musician, or Pixabay is not required but is always appreciated.

The Pixabay License does not allow:

  1. Sale or distribution of Content as digital Content or as digital wallpapers (such as on stock media websites);
  2. Sale or distribution of Content e.g. as posters, digital prints, music files, or physical products, without adding any additional elements or otherwise adding value
  3. Depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or
  4. Any suggestion that there is an endorsement of products and services by depicted persons, brands, vocalists, and organizations unless permission was granted.

Please be aware that while all Content on Pixabay is free to use for commercial and non-commercial purposes, items in the Content, such as identifiable people, logos, brands, audio samples, etc. may be subject to additional copyrights, property rights, privacy rights, trademarks, etc. and may require the consent of a third party or the license of these rights – particularly for commercial applications. Pixabay does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.

Uploading Content

By uploading Content to the Website, you grant Pixabay and its users an irrevocable, worldwide, non-exclusive, and royalty-free license to use, download, copy, modify or adapt, the Content (in whole or in part) for any purpose, both commercial and non-commercial. In the case of Audio Content, this includes, without limitation, the right to play the Audio in public and to synchronize the Audio to video content. For the avoidance of doubt, this license includes the right of Pixabay to distribute the Content under the Pixabay License, the Pixabay Audio License, or any other license offered by Pixabay from time to time, including via the Pixabay API. You acknowledge and confirm that your Content will be made available to the public on and through the Service for personal and commercial use of third parties subject to these Terms without providing you attribution or compensation.

You are solely responsible for the Content you upload. You warrant that:

  1. you own all proprietary rights in the Content you upload to the Website and that the Content does not infringe the copyright, property right, trademark, or other applicable rights of any third parties;
  2. in the case of Audio Content, use of the Audio as contemplated by these Terms shall not infringe any rights in any underlying musical or literary work subsisting in the Audio; and
  3. you have obtained a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release, and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.

You accept that even though we do our best to prevent it from happening, Pixabay cannot be held responsible for the acts or omissions of its users, including any misuse or abuse of any Content you upload.

We also reserve the right to remove any Content at any time and for any reason, including if we believe it’s defective, of poor quality, or in violation of these Terms. Pixabay has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

Notice and Takedown Policy

Pixabay respects the right of creatives. Accordingly, it is our policy to respond to alleged infringement notices promptly. If you believe that your copyright, trademark, or other right has been infringed by Content that is accessible via the Service, we ask that you write to us and provide the following information:

  1. Identification of the copyrighted work, trademark, or another right you claim has been infringed;
  2. Identification of the material that is claimed to be infringing, including a URL link to where it appears on the Service;
  3. Your contact details, such as your email address;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright/trademark / another right owner, its agent, or law; and5. A declaration that the above information is accurate and that you are the rights owner (or authorized to act on their behalf).

Please submit the information to by email to info@pixabay.com

The preceding does not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under applicable laws.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease.

Indemnification for Breach of Terms

You agree to indemnify and hold harmless Pixabay from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless Pixabay from and against any and all claims brought by third parties arising out of your use of the Website.

Warranty and liability

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PIXABAY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE. PIXABAY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR ITS CONTENT.

Pixabay License – What is allowed and what is not?

Images and videos are released under the Pixabay License and may be used freely for almost any purpose – even commercially. Attribution is appreciated, but not required.

 

Exceptions

  • Don’t redistribute or sell someone else’s Pixabay images or videos on other stock or wallpaper platforms.
  • Don’t sell unaltered copies of an image. e.g. sell an exact copy of a stock photo as a poster, print, or on a physical product.
  • Don’t portray identifiable people in a bad light or in a way that is offensive.
  • Don’t use images with identifiable brands to create a misleading association with a product or service. For example: do not use an image of NASA and place it adjacent to your own product in a way that suggests NASA would recommend the product.

In addition to these common-sense regulations, there is more to know:

 

Model- and Property Release

Imagine, would you like to see your face in a TV spot without being asked for permission? No? Therefore, identifiable people must give their consent for public usage of their images. This is meant by the term “Model Release“.

The same goes for private property, trademarks, and visible logos: Would you like to see your private home displayed for example on an advertising column without prior notice? Nope? That’s the reason for the so-called “Property Release”. The object owner must give permission to use pictures of his/her belongings. But the Property Release also covers special cases, where designs or seemingly public buildings are protected. Examples are designs of new notebooks or mobile phones, as well as the Chrysler Building in New York or the London Eye. If you’d like to use pictures of that, the creators/owners must be asked for permission. Be particularly careful with images depicting Walt Disney and Lego products, whose rights only permit editorial use. Getty Images offers a large and highly useful database for looking up intellectual property release requirements: http://wiki.gettyimages.com/

However, there is a difference between editorial and commercial use. Model- and Property Releases are particularly important for commercial applications. If you are i.e. showing an image on your blog, it is non-commercial, editorial usage. In general, no release is required for such applications. Commercial use is loosely defined as all sorts of businesses, where you are actually selling something, or if you use images for advertising purposes. Take particularly care, when it comes to huge quantities, e.g. if you were to create an advertisement in a famous magazine or if you were to design a new iPhone cover.

Conclusion: It all may seem terribly complicated or risky, but actually, it isn’t. Simply put yourself in the position of a depicted person or in the position of an owner or designer: Would you approve of the intended application without being asked? That is the question you should always ask yourself before using a Pixabay image without release.

 

Conclusions

Understand that Pixabay images can be used in many instances (except those listed in exceptions) without asking permission from the image author. However, it is still your responsibility, to make sure the depicted content (persons, logos, private property, etc.) is suitable for your application and does not infringe any rights.

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