Licensing problem

I have a question about licenes. We have premium subscription of Envete Elements and we are using photos on our online shop for better presentation of our products.

Now we want to enter new marketplace (something like Amazon) and in their therms they say “Every photo and product description you upload, take over to use in marketing purposes and also share with other sellers on portal.”. Simply speaking if I upload a product on their portal, every other seller can use my photos for their offers/auction within the (they can’t use it outside the

We are fighting with them, because those therms are even against Polish law.
The question is: In your eyes, can we still using our licensed photos from you portal? We are not making any profit, reselling, renting and anything else. Actually we are losing market position, because other people have our photos without doing any work. Please help.

Hello. No you wouldn’t be able to use Elements photos as their terms definitely go against the Elements use license. And you’re right, that’s terrible terms.

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Thank you for the answer. What about product’s packaging designs? We are free to use materials from Envato Elements to design them, print them and then selling product with those packaging?

From our license page I would say that’s not possible.

You generally can’t use items as the basis for merchandising. For example, printing a logo from Envato Elements straight onto a T-shirt is not allowed.