Marketplace Terms of Service
Marketplace ToS is part of general Terms of Service
The general terms of service of the platform can be found at this link Terms of service
DEFINITIONS
Token — a digital asset containing information about the object of representation
Price — a measure of a token's value expressed in virtual units – ETH tokens of the Ethereum network
Price in USD — the reference information correlating to the ETH virtual unit
Buy and Sell — exchange process of ERC721 tokens for ETH tokens
PLATFORM
Photocentra provides information about cryptographic tokens containing information about submitted images and an interface for creating, posting and managing images associated with the tokens
The Photocentra platform does NOT have rights to sell photos, does NOT accept payments for photos, does NOT pay royalties to photographers, and does not conduct any financial activities related to the purchase and sale of photos or payments to authors. All token transfers between creator and buyer take place outside the Photocentra platform on the Layer 1 Ethereum blockchain network and/or the Layer 2 Immutable network
The author receives full price from the buyer immediately after payment and directly to his wallet
Creators and buyers of tokens interact with the blockchain network using their crypto wallets, exchanging some tokens for others. The platform charges a 4.9% fee for providing the information service, which is added to the price specified by the creator and paid by the buyer
Creator and buyer are responsible for paying taxes, if any, as a result of their activity with the tokens
LICENSING
All images available for purchase on Photocentra are limited to Royalty-Free Commercial or Editorial licenses
Buyers receive a cryptographic token representing the image but do not receive any ownership, copyright, trademark or other intellectual rights. Buyers receive the right to use the image under a limited Editorial or Commercial license
COMMERCIAL USE
Images can be used for promotional and advertising purposes and generally have less restrictions. This means that these images will be involved in a profit potentially being made by the user. These photos will have model releases and are typically staged, meaning the model in the photo has given consent and signed an agreement
COMMERCIAL USE PHOTOS
Can be used to sell or advertise a product, service, or brand
Need signed model or property releases if there are people or property in the photo
Can be creatively enhanced or manipulated in editing software
Must be logo- and brand-free
Do not refer to a specific event and date
Typically staged setting
EDITORIAL USE
Images marked as editorial use only involve documentation of a newsworthy story or event, and can be used for education. An editorial image is limited to non-commercial uses meaning they cannot be used
to advertise or promote a product or service. They can contain logos, business names and recognizable people without model releases
EDITORIAL USE PHOTOS
Typically illustrate a news story, text book, or magazine article such as a travel piece
Don’t require releases, since the photo is not being used to sell or advertise anything
Can’t be heavily edited or manipulated in editing software
Spontaneous; not staged
Include places, events, trademarks, or people that have not given consent
Include notable events
Buyer's rights and obligations
The Buyer agrees to use the purchased image exclusively within the specified license
The buyer agrees not to use the purchased content to harm the honor and reputation of the author or the people depicted in it. The buyer agrees not to use the purchased images in connection with any expressions of hatred, intolerance, cruelty, violence, or violation of the rights of others in any other way
The Buyer agrees not to attempt to register a copyright, trademark or any other intellectual right to the purchased image, as well as to falsify or hide the authorship
The Buyer agrees not to create other cryptographic tokens using the purchased image
Author's Rights
The author has all legal intellectual rights to the created image added to the platform, including copyright
In order to put the image for sale, a cryptographic token must be created for it, the information about which will be permanently recorded in the blockchain network
Each token added for sale must be signed with the cryptographic key of your wallet. If it is the same image being offered for sale many times as a non-unique, a new token must be created each time you want to offer it for sale
The author agrees that the buyer may use the image corresponding to the purchased token under the limited Commercial or Editorial license specified
The author guarantees that the posted content is his/her personal original work and does not contain any other copyrighted content. If the image contains non-original content, the author guarantees that he/she has permission to use that content
