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Licensed Artists Program - Terms of Service

Starting on January 1, 2023.

NO PURCHASE IS NECESSARY TO BECOME A LICENSED ARTIST.

The Playbook Licensed Artists Program ("Service") is a community program that grants real artists and designers in the Playbook Community more visibility for their work and cash rewards for it, with the goal of celebrating and enabling contributors and fostering creativity in our community. Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Playbook to be bound by the terms and conditions in these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you don’t agree with anything we propose in these Terms, please don’t (and you don’t have our permission to) use any part of the Service.

1. Eligibility

  • You must be an original creator
  • You have at least 8-10 artworks, all of which do not infringe copyright laws of any kind
  • You have a Playbook account
  • You have a Venmo or Wise account to receive rewards

2. Changes to the Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Services, you are indicating that you agree to the modified Terms. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

ARBITRATION NOTICE: IF YOU ARE ACCESSING AND USING THE SERVICES AS AN INDIVIDUAL (NOT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY), UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION FOR INDIVIDUAL CONSUMERS” SECTION BELOW, AND YOU AGREE THAT DISPUTES BETWEEN YOU AND PLAYBOOK WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THAT SECTION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

3. Who May Use the Services

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.

In order to use certain features of the Services, you must create an account (“Account”) via the Site and become a registered user (“User”). You have to provide us with accurate and complete information and keep it up-to-date. You’ll notify us immediately of any unauthorized use of your Account and you’re responsible for all activities that occur under your Account, whether or not you know about them.

4. Limited License to Use the Service (but not the assets)

Conditioned on your continued compliance with these Terms, we grant you permission to access the Service only for your personal use.

5. Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, designs, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services (including without limitation, the Tools); and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services, including without limitation any assets and Project Content created by a User (other than the Tools and any other Content that we provide to you) as well as modifications a User makes to another User’s assets, digital typefonts or font files (“Fonts“).

5.1 Ownership and Responsibility of User Content

As between you and Playbook, you own your User Content - Playbook does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Playbook and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Playbook or any other users on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.2 Rights in User Content Granted by You

By making any User Content, including Fonts, available through our Services you hereby grant to Playbook a limited, non-exclusive, worldwide, royalty-free, transferable license, with a right to sublicense, to access, view, use, copy, modify, publicly display, publicly perform and distribute your User Content to the extent reasonably needed to operate and provide the Services to you, and other Users as the functionality of the Services permits.

By uploading any Fonts to Playbook, the Site or as part of using the Services, and by assenting to a confirmation query that we provide about your rights to use and redistribute Fonts, you are representing and warranting to Playbook that (a) you own copyright or title in and to the Fonts, or that the owner of the Fonts has granted you a license to distribute copies of the Fonts to others and to sublicense others to use the Fonts; (b) you understand that compliance with the foregoing may require you or your organization to purchase an “extended rights” license or other redistribution license from the font owner for the benefit of your organization or other users, for a particular Font before uploading that Font to Playbook, the Site or for the Services, and/or for MacOS fonts, inspect restrictions stated in the Font Book/Preview/Show Font Info panel; and (c) you acknowledge that you are solely responsible to determine whether you own or have licensed a scope of rights for Fonts that you upload that permit uploading, redistributing and use of those Fonts by others using the Services and that the failure to do so may expose you to liability to the owner of uploaded Fonts for infringement of any copyright that they own.

Terms of service for Microsoft system fonts generally prohibit any uploading or redistribution of MS system fonts, but note that some may be subject to “extended rights” licenses from Monotype. The required “internal use server license” from Monotype appears to require payment. See https://docs.microsoft.com/en-us/typography/fonts/font-faq, http://catalog.monotype.com/licensing-options.

You understand and agree that you share your User Content (whether your own assets or your modifications and improvements to another user’s assets) through the Services at your own risk. Playbook is not responsible for any ownership or licensing arrangements between you and other Team Members regarding User Content shared within a Project Team, or between you and anyone else that has access to your assets and/or other User Content on account of your public posting of your assets and/or User Content. In sharing your assets and User Content, with other Team Members or through public posting, it’s your responsibility to spell out the rights that your Team Members or the general public, as applicable, have in connection with their access to and use of your assets and User Content. Any disputes regarding ownership or licensing of a Design or modifications thereto that have been shared amongst a Project Team are between you and your Team Members. Any disputes regarding ownership or licensing of a Design or modifications thereto that have been shared via Public Posting are between you and those parties that have access to such Design or modifications on account of your public posting. We are not responsible for resolving any intellectual property or ownership disputes between Team Members or between you and anyone else that has access to your assets and/or other User Content an account of your public posting, so you should exercise good judgment when deciding whether or not to participate in a Project Team or about the public posting of any of your assets and/or other User Content.

5.3 Rights in Content Granted by Playbook

If you are not a registered User, subject to your compliance with these Terms, Playbook grants you a limited, non-exclusive, non-transferable license to view any Content to which you are permitted access solely for your personal and non-commercial purposes.

If you are a registered User, subject to your compliance with these Terms, Playbook grants you a limited, non-exclusive, worldwide, non-transferable, sub-licensable license to access and view the Content (including any User Content as applicable) solely in connection with your permitted use of the Services.

In addition, Playbook grants your Team Members (and by adding any Team Members to your Project Team, you hereby allow Playbook to grant to your Team Members) the right to copy, distribute, modify and create derivative works based upon your Project and the Project Content as permitted by the functionality of the Services.

5.4 Data Maintenance and Backup Procedures

In the event of any loss or corruption of any data associated with the Services, Playbook will use commercially reasonable efforts to restore the lost or corrupted data from the latest backup of such data maintained by Playbook. EXCEPT FOR THE FOREGOING, PLAYBOOK WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF ANY SUCH DATA.

5.5 Deleting Content

You can remove certain User Content through the Services. However, some of your User Content (including, without limitation, posts or comments that have been made on the Project Content associated with public Projects) may not be removed and copies of your User Content may continue to exist on the Services in archive or backup form. However, we may remove or delete your User Content within a reasonable period of time after the termination or cancellation of your Account in accordance with Section 14 (Termination). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

5.5. Limited Licensed Content

YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY CONTENT THAT YOU UPLOAD TO THE SITE.

  • At a High Level. The Service lets you upload and post your assets, as well as written text, images, web links, location information, and other content (“User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.
  • Limited License to Us. You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any additional use of your Content and that your Content will be made available to the public for their use without providing you attribution or compensation.
  • Authority. When you upload Content to the Service, in addition to the license that you grant us to post the assets publicly and permit other Playbook users to download and use them, you also authorize us under your copyrights to enforce any violations of the sub-licenses we grant in the assets to others. In other words, if a Playbook user misuses one of your assets downloaded from the Service, you authorize us to enforce your copyrights in the assets on your behalf. If you are interested in learning more about this, please see our FAQs.

Representations and Warranties. You are solely responsible for your User Content and any consequences that occur because you’ve uploaded or posted the User Content on the Service. Each time you upload or post publish User Content, you represent and warrant to us that:

  • You are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service as envisioned in this Section 6; and
  • Your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.
  • Disclaimer. There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload or post to the Service. This means that we are not responsible for any User Content on the Service and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.

6. Privacy Policy

Please refer to our Privacy Policy (www.playbook.com/p/privacy) for information on how we collect, use and disclose information from our users.

7. General Prohibitions

You agree to comply with Playbook's product terms of service. You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Services, or any individual element within the Services, Playbook’s name, any Playbook trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Playbook’s express written consent;
  • Access, tamper with, or use non-public areas of the Services, Playbook’s computer systems, or the technical delivery systems of Playbook’s providers;
  • Attempt to probe, scan or test the vulnerability of any Playbook system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Playbook or any of Playbook’s providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Playbook or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Playbook trademark, logo URL or product name without Playbook’s express written consent;
  • Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or the functionality of the Services;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer or in any way attempt to derive the source code of any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or User Content to be objectionable, in violation of these Terms or the law. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Playbook respects copyright law and expects its users to do the same. It is Playbook’s policy to terminate in appropriate circumstances Users who repeatedly infringe the rights of copyright holders.

9. Publicity

You agree that Playbook may identify you or your company and use your company’s logo and trademarks (collectively, the “Marks”) on the Site and in marketing materials to identify you or your company as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of Playbook or the Services. If you do not want to allow us the right to use your Marks or identify you or your company you may opt out such marketing requests by emailing us at [email protected].

10. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you, provided that, if you have paid for a Subscription and the termination is not due to your breach of this Agreement, Playbook will refund you any prepaid fees for the period of your Subscription that extends beyond the effective date of such termination. You may cancel your Account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions of these Terms will survive: Feedback; Privacy Policy; provisions related to permissions to access Content (to the extent applicable); Content and Content Rights; Content Ownership, Responsibility and Removal; General Prohibitions; Warranty Disclaimers; Indemnity; Limitation of Liability; Governing Law and Dispute Resolution; General Terms.

11. Governing Law

These terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.