The Luupe Seller Policy

Welcome to The Luupe! The Luupe is a marketplace where creative professionals of the highest standard can sell content directly to buyers around the world. We are also a community of creatives and a production service that connects sellers and buyers who desire extended licenses and/or to utilize the production services of The Luupe.

We want to make sure that you, your buyers, and buyers of The Luupe’s products and services have a great experience on The Luupe. Please read on to find out more about your rights, as well as what is expected of you, as a seller.

This policy (“Policy”) is part of our Terms of Use. By creating a seller profile and/or submitting any photographs, images, illustrations, vectors, videos, PDFs, and more (“Content”) or providing your Services, you are agreeing to this Policy and our Terms of Use.

1. Sellers on The Luupe are Creators of the Highest Standard

Sellers are a highly skilled group of creative professionals and must meet and maintain the professional, creative, and artistic criteria established by The Luupe.

2. Our Relationship

While your relationship with The Luupe is non-exclusive, Content you submit for licensing on The Luupe is exclusive and should not be licensed through other platforms (with the exception of your own website).

3. You Own Your Content

Nothing in this Policy will be construed as a transfer to The Luupe of your copyright in your Content. Unless specified in a separate and mutually agreed upon agreement, you will always own the copyrights in your Content, subject to any licenses issued by you and/or on your behalf.

4. The Permissions You Are Giving Us To Make Your Content Available to Licensees (Buyers)

By furnishing Content to The Luupe, you grant The Luupe a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, and promote the Content to The Luupe’s Clients, to the general public, and for use in The Luupe’s goodwill marketing and promotion.
You give The Luupe permission to license your Content for use in accordance with The Luupe’s Standard License ( “License”), provided that such other license agreements are consistent with The Luupe’s Standard Licenses and/or are otherwise agreed to by you and The Luupe collectively.
You authorize The Luupe to alter Content and any accompanying text (e.g. reductions in resolution, changes to metadata, etc.) to accommodate storage and/or display and/or technical limitations.
You hereby grant The Luupe the non-exclusive right to use your name, approved biographical information and approved likeness in connection with the promotion and marketing of your Content and in connection with The Luupe’s institutional advertising, marketing, and promotion. Any biographical information and/or likenesses posted by you shall be deemed approved.
You and The Luupe shall have the right to remove or request the removal of any of your Content from The Luupe’s websites or portals at any time, for any or no reason. Licenses granted in respect of such Content will not be affected by such removal. For a thirty (30) day period following such removal, The Luupe may enter into a license with any Luupe customer who has saved such Content prior to the removal of such Content.
You agree not to take any action against any Clients of The Luupe without first giving The Luupe written notice of such action and a thirty (30) day period to determine the validity of and to try to resolve any claims you desire to assert against the Client.

5. Buyers, Luupe Productions, How The Luupe Works With Buyers and Sellers, and Respecting Luupe/Buyer Relationships

Buyers on The Luupe pay a flat fee per image and may make broad use of downloaded Content. In return, the Seller of such Content receives a licensing fee.
The Luupe also renders production services to Buyers using the services of appropriate Sellers. A Seller who is selected for and agrees to render services in connection with a particular production (“Production”) will be asked to sign a separate agreement with The Luupe and provide taxpayer information.
For so long as you are a Luupe Seller and for a period of one year thereafter, you expressly agree that you will not intentionally solicit, canvass, approach or enter into any business or professional relationship (including the licensing of Content) outside of The Luupe platform with a current or past Buyer of The Luupe or with a person or entity to whom The Luupe has introduced you.

6. Your Responsibilities as a Seller

Keeping in mind these basic requirements will help you succeed on The Luupe.

What can be sold on The Luupe: If you sell on The Luupe, you need to provide the following information for all of your Content, (which may include images, videos, illustrations, vectors, and other works that can be downloaded).
1. An accurate representation of the Content, including but not limited to description, keywords, and metadata
2. Model and/or property releases as applicable
3. If an item is created through the use of artificial intelligence, you must disclose this in your relevant listings.
What can’t be sold on The Luupe: Even if they otherwise meet our marketplace criteria, objectionable and/or infringing Content as described in our Terms of Use is not allowed to be sold on The Luupe.
The Luupe may remove any Content that violate our policies. The Luupe may also suspend or terminate your account for any violations.

7. Managing your Luupe Profile and Storefront

Your Luupe profile represents you and your business to The Luupe community. It’s important that you, your profile, and your storefront are honestly and accurately represented.
By selling on The Luupe, you agree that you will:
1. Provide honest, accurate information to The Luupe and in your “About” section.
2. Ensure your profile and storefront content, such as any text, photos, or videos used to represent yourself, your storefront, or your listings, abide by The Luupe’s policies.
3. Accurately represent your Content.
4. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, please report it to legal@theluupe.com.
5. Not circumvent The Luupe’s rights by participating in off-platform transactions with any party you met on The Luupe.
6. Not create duplicate profiles or storefronts or take any other action (such as manipulating clicks, carts, or sales) for the purpose of evading The Luupe’s policies.

8. Maintaining Seller Standards

As a seller, you must provide great customer service and maintain trust with your buyers.

By selling on The Luupe, you agree to:
1. Respond to Messages in a timely manner
2. Honor the commitments you make in your profile and storefront
3. Resolve disagreements or order issues directly with the buyer.
4. If you are unable to complete an order, you must notify the buyer and cancel the order.

9. Selling Fees

Sellers may be charged for using some of The Luupe’s services. Sellers will be notified of any fees associated with selling and/or the use of certain other products and features.

10. Community Standards

If you choose to post any messages or otherwise engage with other Sellers (also known as Members), please follow our Member Etiquette Guidelines, located within our Community platform.

11. Warranties and Representations

You warrant and represent to The Luupe that: (i) you are not under any legal disability or contractual restriction and have the full power and authority to enter into this Agreement and to fully perform all of your obligations hereunder; (ii) you are the sole and exclusive owner of the Content; (iii) the Content does not infringe the copyright of any third party, does not contain any matter which is pornographic, violates any applicable law or regulation and does not defame, violate any rights of privacy or publicity, or infringe the trademark or other personal or property rights of any third party or parties; (iv) you now have and will have in your possession valid model and property releases where necessary and you will provide copies of such releases to The Luupe on request; (v) neither you nor any of the Content is subject to or otherwise involved in any pending or threatened legal or administrative proceeding which might directly or indirectly affect the Content or might in any way impair the rights granted by you hereunder; (vi) if any of the Content contains or consists, in whole or in part, of third party content, including, but not limited to, design elements, fonts, clipart, sprites, vectors or brush tools, you have obtained all rights to use such third party content; and (vii) you will maintain any and all policies of insurance required by the laws of any locale in which you render any services in connection with a Production.
The Luupe warrants and represents that it has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder.

12. Your Personal Data

You acknowledge that any personal data relating to you or to any other person, including any model whose likeness is used in any Content may be retained by The Luupe for so long as you are a Seller and for a reasonable time thereafter, and may be transferred to, stored, accessed and used in jurisdictions worldwide whose privacy laws may be different and less protective than those of your home country.

13. Limitation of Liability

The Luupe shall not be liable for any punitive, indirect, consequential, special or incidental damages arising out of or in connection with your use of The Luupe’s websites, platforms, portals or other technology or services, even if The Luupe has been advised of the possibility of such damages. In addition, The Luupe shall not be liable to you or to any third party for the misuse of your Content by any third party.

14. Indemnification

You shall indemnify and hold The Luupe 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 pursuant to this Policy or any other agreement between you and The Luupe, except in the case of third party claims, you shall not be liable for any incidental, consequential, or special damages. The Luupe shall: (i) promptly notify you of the claim (provided that the failure to do so shall not relieve you of your obligations hereunder except to the extent such failure to notify materially prejudices you; and defend any such third party claim against The Luupe at your sole expense. You may participate in any such action with your own counsel at your own expense.

15. Termination and Survival of Licenses

The Luupe may terminate your Seller profile and Membership and this Policy as applied to you, immediately upon notice to you for any or no reason, or if you breach any material term or condition of this Policy and fail to remedy such breach within 30 days after being given notice thereof by or on behalf of The Luupe.
Seller may terminate this Policy, for any or no reason on 30 days’ prior written notice to The Luupe.
Termination of this Policy shall not affect any licenses entered into by The Luupe prior to such termination.
The parties' rights and obligations that by their nature would extend beyond the termination or expiration of this Policy, shall survive such termination or expiration.

16. Miscellaneous Terms

This Policy: (i) will be construed without regard to any presumptions against the party causing this Policy to be prepared, but rather in accordance with the fair meaning of the language hereof; and (ii) will be construed and enforced in accordance with the internal laws of the State of New York (without reference to choice of law doctrine) applicable to agreements made and to be performed entirely in such State. Section headings used in this Policy are for reference purposes only and shall not in any way affect the meaning or interpretation of this Policy. Any legal action or proceeding concerning the validity, interpretation and enforcement of this Policy, matters arising out of or related to this Policy 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 term of this Policy is determined to be illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
The Luupe may assign its rights and obligations to any entity controlling, controlled by, or under common control with The Luupe or as part of a merger, reorganization or sale of assets.
All notices hereunder shall be in writing and shall be delivered via email or mail, personally, or by a recognized international courier service. Any notice must be delivered to the parties at their respective addresses set forth herein. The date that notice shall be deemed to have been made shall be the date of delivery, when sent by email (provided that receipt is acknowledged via return email) or delivered personally or on written verification of receipt if delivered by overnight delivery.
The Luupe reserves the right to make changes to this Policy at any time. If a revision is material, we will make reasonable efforts to provide at least 10 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Changes necessitated by requirements of law or technology may be made without prior notice.
This Policy may be executed in counterparts, each of which shall be deemed to be an original. Facsimile, electronic acceptance, or other proof of the parties consent to these Terms shall be as binding and effective as an original agreement signed in ink.