Below is the entirety of the Download License as is written now. I think it's a bit ambiguous and even seemingly contradictory and could stand to be modified for clarity.
First, I think that "personal" and "commercial" are probably the two most common terms used re digital content on any platform. People are used to seeing "for personal use only" or "commercial use strictly prohibited" or "commercial use under the following terms" and such. If I'm looking for a graphic to use, the first thing I look for is that one simple line saying yes/no to commercial use. If no, I keep going, if yes, I'll find & read the terms and decide if they're right for my needs. My point is, though "commercial use" / "commercial purposes" has been used much throughout this thread it never appears in the actual DL. 3.2.5.9 mentions "... or distribute for profit" but that's it. It seems like 3.2.5.1 should be "commercial use strictly prohibited". It's just such a common word/term in matters of content distribution that it's really strange to not use it anywhere in the DL.
Second, 3.2.5.7 says use for "promotional purposes" is allowed but the terms don't define what exactly is meant by "promotional purpose". I ran into this myself sometime ago on another platform that said no commercial use but OK on promotional materials. I never was able to figure out where the line between the two is drawn. If you're a business and put a design on say a tote bag and then sell that tote to customers, that's commercial use since you're turning a direct profit from it. If you give those bags away instead to advertise your business and hopefully attract more customers, you're not turning a direct profit from them but in my mind, it's still a commercial purpose. Maybe it's just me but I find the difference between commercial & promotional very hazy and difficult to understand.
Next, 3.2.5.9 says you don't have the right to "... or otherwise distribute for profit" but 3.2.5.6 says you can use it on websites, blogs and e-books, all of which can be used as a means to generate profit. I'm especially surprised to see e-books specifically mentioned as an allowed use. Whether the author releases it for free or for profit, wouldn't that be re-distributing the content digitally?
Finally (I think), 3.2.5.8 says "... may be printed: (i) onto physical Products through the Site according to this Agreement ...". I am guessing the intent there is to say you agree to it being printed & sold on THE product it was made available for / published with. But the way it reads is we're giving permission to a customer to re-upload the image and have it printed on any other thing Zazzle offers. Ouch! That's no bueno. Is this really Zazzle's intent here or just poor wording?
3.2.5. When a User clicks the “Download” button on the Site to download Content utilizing Public Products that the Content-owner has chosen to publish for download, the User is granted the following licenses to use the Content (collectively, "Download License") :
3.2.5.1. In Social Media post(s), profile page(s) or as profile image(s);
3.2.5.2. In digital social/community communications, including but not limited to invitations, save the dates, and announcements;
3.2.5.3. In digital advertising, editorial and/or promotional projects, presentations (including film and video presentations), catalogues, posters, signage, packaging, and brochures;
3.2.5.4. In digital projects for school or university;
3.2.5.5. As decorative background on a personal computer, tablet or mobile device;
3.2.5.6. In digital publications, including web pages, blogs, and ebooks; and
3.2.5.7. Digital prints, posters and other reproductions for personal or promotional purposes.
3.2.5.8. The Uses specified in Sections 3.2.5.1 through 3.2.5.7 may be printed: (i) onto physical Products through the Site according to this Agreement, or printed by Users using personal printers, without further restriction; or (ii) onto physical versions using commercial printers subject to Section 3.2.5.9 hereof.
3.2.5.9. This Download License does not include the right to display the Content for download or export, resell, license or otherwise distribute for profit that Content, including, without limitation, through other print-on-demand services, and you hereby agree not to use the Content in any such manner that competes with Zazzle’s business.
They're the terms the FAQ page points to:
"Customers receive a Download License to your content for personal use when they purchase an Instant Download. The terms of this license can be found in Section 3.2.5 of our User Agreement."
I also wanted to say but ran out of time -
I understand that licensing terms, no matter how clear they are written or how in-your-face they are presented, are not some magic protection from misuse & abuse, intentional or otherwise, of the content they apply to. Most times one has no way of knowing anyway if people are violating them.
My feeling is that terms are primarily for after-the-fact, so that when a violation is caught, you can conclusively prove it; nothing murky or left up to interpretation in the terms, no tricky legalese the average layperson wouldn't understand. Clear terms that the user has to click a box saying they read and agree to before downloading. So that when trying to take action against a violator, there is solid legal ground to stand on. They can't cop out with "that wasn't clear" etc...
And in this case, the terms aren't just between the provider (Zazzle) and the end-user (customers), Creators are also agreeing to those use terms for their content when opting in. Making it even more important that the terms are as clear and specific as possible.
