A.1 .Website Thumbnails, Posts, Banners, Advertisements
: Various types of websites (ex. homepage of one’s own company, open market), simultaneous posts permitted
: Detail pages of shopping malls
: Articles, news articles
: Permitted to be used as part of a website’s design; if the website’s design is akin to being a template available as a product, however, an extended license must be purchased
A.2 .YouTube Video Advertisements, Promotional Company Video Advertisements
: Permitted to be uploaded simultaneously on multiple channels
A.3 .Design Element or Content of a Newsletter
: Contents inserted into a promotional newsletter
: If the newsletter itself is a product (ex. Newsletter for charged subscription), design elements (icon, permanent background/banner photo, etc.) other than actual content require purchase of the extended license
: The image may not be used as the newsletter’s representative "logo" or as a "design element that is part of the logo"
: Posts and advertisements on Instagram, Blogs, Facebook, LinkedIn, YouTube, etc.
: Please note that if an image will be used as an account’s cover photo or profile photo and it may appear as the account’s "logo", the image is not permitted for use
B.1 .Printed Materials for Advertisement Purposes
: Documents, brochures, pamphlets, leaflets, catalogs, promotional posters, etc. may be printed with no limit in the number of copies
B.2 .Advertisements in Printed Media
: Magazines, newspapers, advertisements within books
: If it is a book cover, an extended license is required
B.3 .Advertisement Installation in Print Form
: Outdoor advertisement, indoor advertisement, in-store advertisement
: Car wrap (includes buses, taxis, and personal automobiles)
B.4 .Event Uses
: May be used as booth wrap, banner, tent, event, staff T-shirt, guide POP, etc. except as a "logo"
B.5 .Business Card, Stationery Paper, and Envelope Designs
: May be used or supplied as a design for a business card if it is not in the realm of logos
: If said design will be turned into a template and sold as a product, however, an extended license is required
B.6 .Distributable Freebies with No Profit/Commercial Value
*"Freebies" as defined by UTOPHOTO mean printed materials that are PR or promotional in nature
: Directly used by the user’s own company or supplied to a client, the user’s company being a design agency
: Directly selling the completed freebie to generate profit is not permitted
: Manufacturer/Design agency commercializing a freebie and generating profit through its sales, except when said company is supplying it as a supplier, requires purchase of an extended license
C.1 .Print and Electronic Books, Textbooks
: Incorporating content into the book band or internal pages is permitted under the Standard license, but using it for the "book cover" design requires purchase of an extended license
C.2 .Images and Illustrations in Essays and Academic Journals
: If an item is being submitted to a magazine of essays or an institute, submitting the original of the image is not permitted
: When requesting for the original of the image, the publishing party is required to purchase directly a license appropriate for its intended use
D.1 .Uploading to Video Platforms e.g., YouTube, Vimeo, etc.
: Videos created to allow a creator to generate profit from advertisements on a video platform or for the purpose of promoting a company
: To prevent illegal duplication (ex. A third party taking screenshots of the video and using those screenshots for commercial purposes), creating a secondary design (ex.: Adding text on top of the photo) is recommended
D.2 .Company’s Video Advertisements
: Airing of company videos produced for the purpose of advertisement and promotion (TV, outdoor advertisement, etc.)
If the video itself is a product (documentary, drama series, web-drama, movie, news, etc.), or if the video is likely to be aired through other video media such as TV, etc. (partnership between a creator and a TV station, web-drama previously available only on YouTube but being aired through cable TV, etc.), however, the use requires an extended license regardless of the length of the video
: Content posted within app/software (ex. announcement, banner, post)
: Use of the image as an element of design for app/software (ex. icon, background image, character) requires an extended license
: In addition, any manufacture, distribution, or sale of app or software design source / template / skin with commercial value requires an extended license regardless of whether the item is for sale or for free
: Images may be used as an element of design as long as it does not play a crucial role
: Submitting UTOPHOTO content to a contest without any secondary creative work is absolutely prohibited (ex. Submitting a UTOPHOTO photo to a photography contest as one’s own submission)
: Registering for intellectual property rights of any content downloaded under a UTOPHOTO license or any secondary creative work made using said content is prohibited, including the acquisition of any type of right. You should not join any contest that requires the copyright of a secondary creative work.
: Stationery, stickers, notebooks, diary notebooks, posters, paper bags
A.2 .Priced Products
: Board games, children’s toys, clothes, mugs, wallpapers
B.1 .Product Packaging
B.2 .Labels, Ribbons, Wrapping Paper
B.3 .Wrapping Paper and Labels for Sale
: Products that are templates, skins, business card design templates, etc. and will be purchased after being selected by multiple customers
: Icons, background screens, characters, etc. that will be permanent design elements
: If the content will be used as a design element within any app, software, or game, the use requires an extended license regardless of whether the item is for charge or for free
: If the content will be used in the design of books, e-books, albums, digital albums (CD, DVD, etc.), or single album covers, the use requires an extended license regardless of the size and role of the design element
: If the content will be inserted into an embedding or a sample display included in an application or a print on demand (POD) service wherein the user selects the design
: However, users must not be able to save the original UTOPHOTO content under any circumstances.
: If the video itself will be a product (documentaries, drama series, web-dramas, movies, news, etc.), the use requires an extended license regardless of the length of the video
: ex. Image shown for information purposes in a current affairs program, image used as thumbnail/video transition/sticker/subtitle design, etc., image used as background image or prop in a movie shoot, image shown in an e-learning education video, etc.
- Uses that offend or impede public morals are not permitted (adult websites and printed materials for adult entertainment rooms, telephone rooms, pornography, adult chatting sites, adult communities, etc. and adult products, adult entertainment establishments and lodgings, loan sharking businesses, fortunetelling services, future prediction services, and other businesses that go against public morals)
- Uses that may cause the model depicted in the content to be mistaken as the person directly affected by physical or mental disability, illness, narcotics, cigarettes, infertility or sterility, birth control, abortion, gender reassignment surgery, homosexuality, gambling, illegal financing, and plastic surgery are not permitted
- Any and all other uses wherein the model may be mistaken as one directly affected by the subject matter (false exaggerated advertisements in a form designed to depict the model as endorsing a certain product or service, the person participating in a chat or a customer review, etc.) and any photoshopping and re-processing of the model’s body or face, etc. with a third person’s photo
A.1 . Provision of your consent to these terms is an absolute condition that includes the rights, duties, responsibilities, and miscellaneous matters required in the use of UTOPHOTO.com (hereinafter referred to as “Site”), and said consent shall constitute a legal contract between BBTree Co., Ltd. (hereinafter referred to as “Company”) and site user (hereinafter referred to as “User”).
A.3 . The Company may make changes to these terms at any time. The User must Standardly check the most up-to-date version of the terms. Revisions to these terms immediately enter into force unless stated otherwise.
A.4 . The User's continued use of the Site shall be taken to mean that the User consents to—and agrees to be bound—by the currently posted version of the terms. If the User does not consent to the revised terms, the User must stop accessing and using the Site.
B.1 . The User shall consent to the guidelines for use provided by the Company such as these terms and license policies, etc. and must guarantee that all information provided to the Company in relation to the use of the Site are accurate and true.
B.2 . The User may not engage in any illegal use of any and all of the Site's contents such as copying, distributing, sharing, renting out, granting the license thereof, and re-selling.
B.3 . The User is not permitted to collect/extract/use data and image through processes similar to data mining or robots in the use of any and all of the Site's contents.
B.4 . The User is not permitted to remove arbitrarily the water mark or copyright mark on any and all contents.
B.5 . The User shall assume full responsibility for problems that may occur due to reasons attributable to the User.
B.6 . The User’s continued use of the Site’s contents and service signifies the User’s complete consent to the Company use of the User’s company/business logo for promotions of the Site.
B.7 . Information and explanations provided through FAQ and various customer support services are only meant to be guides that aid in the User’s understanding; they neither replace nor have precedence over the terms.
D.1 . A third party (hereinafter referred to as "Rights Claimer") claiming that the Company’s provision of certain content through the site violates the Copyright Law may request the Company for the post of said content to be taken down.
D.2 . Upon receiving such request, the Company may take measures to cease the content’s posting immediately; in such case, the Rights Claimer must be immediately notified that the content is no longer posted.
D.3 . When repeatedly receiving a request for the same contributor’s posts to be taken down, the Company may suspend or terminate the contributor’s account.
D.4 . If the Rights Claimer explains reasonable right to the content and requests for the content’s post to be taken down, the Company must notify the rights claimer of the request for resumption of post and the planned date of resumption of post and shall proceed to post a community comment on the planned date.
D.5 . If the Rights Claimer files a lawsuit based on a violation of the Copyright Law right before the planned date of post resumption, however, the post may continue to stay down.
D.6 . The Company shall strictly comply with the regulations of international copyright laws and Enforcement Decree of Korea’s Copyright Law regarding report of violation, cessation of the post, appeal regarding an objection, and resumption of the post.
D.7 . The Company shall be completely indemnified for all responsibilities associated with rights violation. The Company shall not assume responsibility for losses incurred by the Contributor or the User due to the violation. You can be notified of all reports of rights violations, objection appeals, explanation of rights, and legal procedures through copyright@UTOPHOTO.com.
E.1 . Any act that infringes a law or violates the rights of UTOPHOTO or a third party.
E.2 . Any act that violates regulations related to accessibility and usage of the site, or any act pertinent to activities prohibited by these terms.
E.3 . Any act that uses the content through methods other than those permitted by these terms or miscellaneous license contracts.
F.1 . All elements making up the Site such as UTOPHOTO’s designs, sequences, trademarks, domains, etc., and all contents provided by the Company such as images, related meta-data, etc. are assets that belong to the Company. Excluding cases wherein the matter is specified in a separate contract between the Company and the User, illegal use of all or part thereof is strictly prohibited.
F.2 . The property rights of all contents belong to the Company or the Contributor, and the rights are protected by all copyrights, trademarks, patents, trade secrets, and intellectual property law and treaty registered to Korea.
G.1 . The Company shall extend the use period of the plan according to the amount of time a problem with the use of the site persists only if use of the site is hindered for more than 10 hours and the problem is attributable to the Company.
G.2 . If you wish to delete your Site account, go to [My Page>My Plan] and click [Delete Account], and then agree to the terms of membership termination.
H.1 . The Company retains the right to alter the components and pricing of the Site’s products without giving prior notice to the User.
H.2 . The User can download all contents of the Site by purchasing the Subscription Plan or the Image Pack plan.
H.3 . Subscription Plan
: Options are automatically renewed in the monthly Subscription Plan or yearly Subscription Plan. You can select the number of cuts you need per month to download photos, illustrations, graphics, icons, and web templates.
: The automatically renewed monthly Subscription Plan will automatically charge you at the end of every month unless you turn off the automatic monthly renewal settings at [My Page>My Plan].
: As soon as you make your first download under the Subscription Plan, it will become impossible to downgrade to a lower-priced Subscription Plan or to cancel your plan.
: If the User fails to download contents by the Plan's end date for reasons attributable to the User, the unused cuts are automatically expired and cannot be recovered, and neither can the period be extended under any circumstances.
H.4 . Image Pack
: For the Image Pack, you may purchase the Standard / Extended Image Pack according to the use of the Standard / Extended License.
: The Image Pack’s period of use is 1 year from the purchase date. If the User fails to download contents by the use end date for reasons attributable to the User, the unused Image Pack is automatically expired and cannot be recovered, and neither can the period be extended under any circumstances.
H.5 . Refunds
: The Company has no obligation to refund the price paid under any circumstances except for cases where the refund is required by law. The price paid will not be refunded even if the User requests cancellation of the plan before the plan’s end date.
: If the Company judges that a User has the right to receive a refund of all or part of the price paid for legal reasons, etc., the amount of charge in question shall be refunded only through the payment method used by the User at the time of purchase.
: If the User is a resident of one of the European Union nations, and he or she cancels payment within 14 days of the payment date for the Site’s plan, as long as the User has not posted the first downloaded content anywhere, the full price paid by the customer shall be refunded.
I.1 . The Company shall not assume responsibility for any risks that the User may bear from the use of Site.
I.2 . The Company denies all types of warranties be they clearly stated or implied for each and every service provided by the Site, including implied warranties regarding commercial potential, suitability to a certain purpose, and non-violation of rights as well as miscellaneous warranties that may be generated by law.
I.3 . The Company does not warrant continuance of accessibility to the site, fulfillment of expectations about the Site’s quality, or that errors or flaws of the Site or its contents shall be revised and corrected.
I.4 . The Company does not warrant that the Site may become permitted or possible to use under a certain right.
I.5 . The Company neither guarantees nor warrants that the Site's functions shall continue to be provided.
J.1 . UTOPHOTO may block, limit, deactivate, temporarily suspend, or terminate Users’ access to the Site or all or some of the contents at any time according to the Company’s discretion without legal repercussions or prior notification.
K.1 . The User agrees to protect and indemnify the Company and its employees, license providers, agents, and all other persons affiliated with the Company from all invoices, damages, costs, legal responsibilities, and fees that may arise from the blocked use of the Site, violation of terms, violation of the warranty, illegal use of contents, etc.
K.2 . Even if the Company or a distributor approved by the Company is notified by the User of the damage suffered, the Company shall not assume responsibility for any and all damages including the User’s gains or losses, loss of savings, or other miscellaneous losses that are special, standard, penalizing, accidental, and ultimate in nature.
L.1 . If the Site is provided through a third-party platform, if the Company provides a link for the subparty platform on the Site; or if the Company permits the third party to link to a site from the platform, then the User must understand that the Company neither provides any warranties nor assumes responsibility for any content or action by the third party and consent thereto.
L.2 . A third-party platform is not managed by the Company, and the Company shall provide such link/provide or allow such only for the convenience of its Users.
M.1 . If indirect tax and/or sales tax, VAT, product and service tax, etc. are collected from the Company according to laws of the User’s resident state or nation, the User is responsible for paying the taxes in question. If needed, the taxes in question may need to be reported voluntarily according to laws of the User’s resident state or nation.
M.2 . All disputes raised between the Company and the User or the person who signs this contract according to these terms shall be interpreted based on—and compliant with—Korean laws regardless of conflicts in legal principles.
M.3 . All disputes that may arise according to these terms shall be resolved through amicable negotiation between the Company and the User or the person who signs this contract. If the parties in negotiation fail to resolve the issue within 30 days, the final resolution shall be through an arbitral tribunal of three members based on the arbitration rules of the Korean Commercial Arbitration Board and the Korean law. The language used in arbitration will be Korean. The parties in negotiation must each appoint an arbitrator, and then the chairperson must be elected from those two arbitrators. Each set of arbitration costs shall be borne by each party, and the final arbitration decision shall have legal binding power over both parties.
M.4 . If the Company deems through internal evaluation that an order to cease usage or another remedial measure on the User is unnecessary, the Company shall have the right to start or file a lawsuit or another procedure at any court regardless of the jurisdiction.
M.5 . If any part of the separate license contract entered into by the Company and User runs counter to these terms, the license contract shall have precedence.
M.6 . If part of an item of these terms becomes invalid or becomes impossible to execute, such circumstances have no influence on all the other items’ validity or feasibility of execution.