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| Photographer's Agreement |
SierraStock.com Photographer (Member) Agreement & Terms of Service
- Service - SierraStock.com operates a stock photography website, www.sierrastock.com (Website). By uploading image files to the Website, registered content providers (Members) allow Sierra Stock to act as agent for licensing image rights to other users (Users) on a royalty free basis. By registering with SierraStock.com for the purpose of providing content, Member agrees to the following:
- Eligibility - You must be at least 18 years of age to register with SierraStock.com to provide content. By registering, you certify, and agree to provide proof to SierraStock.com, that you are at least 18 years of age. Minors can only access SierraStock.com by having their parent or legal guardian register on their behalf. By registering in this way, the parent or legal guardian becomes the Member, authorizes the minor to use the Website and agrees to be bound personally by the terms and conditions of this agreement.
- Licensing Rights - By uploading content, such as photograph image files, Member agrees to give SierraStock.com and all users irrevocable nonexclusive royalty-free licensing rights to use the content for any purpose including publication, display, modification, and creation of derivative works.
Once content is uploaded, approved and posted, Member must allow SierraStock.com the opportunity to license uses for at least 2 years. SierraStock.com has the right to license any content up until the time Member removes the file from the Website. Member may not remove photos from the Website for 2 years, regardless of whether the Member chooses to terminate his or her account. However, SierraStock.com retains the right to remove any image at any time, and without cause. Once an image is uploaded as content to SierraStock.com, Member may not license the use of that image to any other stock photography bureau, agent, or other competitive entity, for as long as the image is available on SierraStock.com. However, Member retains the right to personally sell the image to individuals who are not in the business of competing against SierraStock com.
- Payments - SierraStock.com will pay Members a percentage of the sale price for each image that is downloaded from their stock by a user, and results in a completed, non-refunded transaction. The percentage paid to Members is currently 70%, less any transaction and/or processing fees. Member acknowledges that this rate is subject to change in the sole discretion of SierraStock.com. SierraStock.com will provide advance notice of any such change by posting the information on the Website.
- Copyrights and Ownership - Member retains the copyright to all content he or she uploads. Members may not upload content to which they do not own the copyright.
- Property and Model Releases - By uploading content Member warrants that subjects depicted in an image file have consented to publication. Member is solely responsible for maintaining complete and accurate model and property release records for all images for which such a release is or may be required.
Member agrees to provide SierraStock.com with photocopies of model and/or property releases for every recognizable person and/or property depicted in images uploaded to the Website. By uploading content, Member warrants the existence and accuracy of any such release. SierraStock.com suggests that all model/property releases permit image usage for "sensitive issues," which may include uses pertaining to matters such as sexual preferences, violence, drug use, illness, hospice, aging and the like.
- Member Warranties - Member warrants that he or she has provided SierraStock.com with accurate, complete, and current information during the registration process, and agrees to update registration information to ensure its accuracy and completeness at all times.
By uploading content, such as photograph image files the Member warants that:
- He or she is the owner of the copyright thereto and that all content uploaded to the Website is original and not derivative.
- The content does not depict subject matter in a manner that violates any laws.
- The uploading is not intended to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity.
- Member Responsibilities - All Members who complete online registration with SierraStock.com will create a password and an account (Account). The Member is entirely responsible for any and all activities conducted through his or her Account. Member may permit another individual to use the Account, subject to Member's supervision and assumption of all resulting liabilities. Member agrees to notify SierraStock.com immediately of any unauthorized use of his or her passwords or Account, as well as any other security breach. Registration as a Member of SierraStock.com requires you to choose a Member Name, to identify yourself to the SierraStock.com community. You may not use a Member Name that is already in use on the site, or a name that violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which SierraStock.com deems in its discretion to be vulgar or otherwise offensive. SierraStock.com reserves the right to delete or to require the deletion of any vulgar or otherwise offensive Member Name. Members whose accounts have been terminated by SierraStock.com may not access the Website in any manner or for any reason without the express written permission of SierraStock.com. Active Members may not knowingly allow these terminated members to use their active accounts.
- Termination of Membership - Either the Member or SierraStock.com may terminate the Member's account at any time and without cause. Member's only right with respect to any dissatisfaction with any term, condition or policy, or practice of SierraStock.com in operating the Website content available through SierraStock.com or change therein, or amount or type of any fees or billing methods, or any change thereof, is to terminate the membership by sending email to support@sierrastock.com or by using the web support request form at http://www.sierrastock.com/contact_us.html. Your notice of termination will be effective upon receipt by SierraStock.com, or upon receipt of confirmation, if confirmation is requested.
Even if the Member terminates his or her membership, any images that have been approved and posted on SierraStock.com for less than 2 years must first fulfill the 2-year licensing obligation before they can be removed. (See Licensing Rights, above.) If SierraStock.com users purchase the Member's image files after the membership is terminated, payments to the Member will continue as usual for the duration of the license agreement.
If SierraStock.com elects to terminate a Member's Account, the licensing agreement pertaining to the Member's uploaded, approved images will terminate when SierraStock.com deletes the images from the Website.
- Prohibited Conduct - Any conduct by a Member that in SierraStock.com's sole discretion restricts or inhibits any other Member, person or entity from using or enjoying SierraStock.com or another service will not be permitted and shall induce SierraStock.com to exercise its right to immediately terminate membership without notice. Member agrees to use SierraStock.com only for lawful purposes. Member may not upload content that is unlawful. Member may not post to or use SierraStock.com to transmit sexually explicit images or other content that is deemed by SierraStock.com to be generally offensive to the public or harmful to minors.
- Operations and Privacy - SierraStock.com, in its sole discretion, may remove any content uploaded to the Website and may elect to monitor any area or records pertaining to the Website for compliance with this agreement or for any other reason. If SierraStock.com believes in good faith that such action is reasonably necessary to enforce this Agreement, its copyright policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its members or users, SierraStock.com may access and disclose any information about Members, Members' accounts, or any content Members provide to the Website. SierraStock.com reserves the right, but does not assume the responsibility, to restrict conduct that it deems harmful to individual members, damaging to the communities that use the Website, or in violation of SierraStock.com's or any third party's rights.
- Third Party Links - SierraStock.com may provide links to other websites that may be of interest to Members. The links are provided as a convenience and linked sites are not under our control. The existence of links to other sites on SierraStock.com does not imply an endorsement by SierraStock.com and SierraStock.com is not responsible for the availability of or content contained in any linked site.
- Indemnification - Member shall indemnify, defend and hold harmless SierraStock.com, its officers, directors, employees, partners, associates, affiliates, joint ventures, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorney's fees and costs) and damages in consequence thereof. SierraStock.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse Member's indemnity obligations.
- Disclaimers - SierraStock.com and its content are provided to you on as "as is" basis. We make no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permissible pursuant to applicable law. While SierraStock.com makes its reasonable best effort to ensure the accuracy of the Website content, we make no representations or warranties as to the accuracy, correctness, or reliability of the content. SierraStock.com makes no warranty that service will be uninterrupted, timely, secure or error free or that the Website or the server that makes it available are free of viruses or other harmful components. (Because some jurisdictions do not allow for the exclusion of implied warranties, some of these exclusions may not apply to you.) You acknowledge that your use of SierraStock.com is at your own risk. SierraStock.com makes no warranty as to the use or the results that may be obtained from the use of SierraStock.com and assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from SierraStock.com.
SierraStock.com makes no warranty with respect to any related software or hardware used or provided by SierraStock.com in connection with SierraStock.com. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
- Limitation of Liability - You acknowledge that SierraStock.com shall not assume or have any liability for any action by SierraStock.com or its affiliates and licensees with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to negligence, SierraStock.com is not liable to Member(s) for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss), even if SierraStock.com has been advised of the possibility of such damages, in connection with SierraStock.com or with any other product or service provided by SierraStock.com, or resulting from the use of or the inability to use the Website or any transaction entered into through or from SierraStock.com, or from unauthorized access to or alteration of your transmissions, data or account. You specifically agree that SierraStock.com is not responsible or liable to Member(s) or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy. SierraStock.com's liability to Member(s) for breach of this Agreement is limited solely to .
- Severability - If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
- Arbitration and Legal Fees - With the exception of copyright claims, Member agrees that any and all disputes arising out of this Agreement shall be submitted to arbitration in Washoe County, Nevada, pursuant to the rules of arbitration as set forth in Chapter 37, Nevada Revised Statutes know as the Uniform Arbitration Act of 2000. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. Member agrees that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest, to the successful party. Member hereby consents to service of any required notice or process upon him or her by registered mail or overnight courier with proof of delivery.
- Jurisdiction - This Agreement shall be interpreted in accordance with the laws of the state of Nevada, and any action arising out of this agreement shall be brought in the District Court of Nevada in and for the County of Washoe and/or the United States District Court for the Northern District of Nevada.
- Acknowledgement - This contract comprises the entire agreement between SierraStock.com and Member, and supersedes any prior agreements. SierraStock.com reserves the right to revise this Agreement at any time and such revision shall be effective immediately upon posting of the revised Agreement to the Website. Member agrees to periodically review the posted Agreement, to stay apprised of such revisions. If Member finds any such revision unacceptable, he or she may terminate membership as described in Termination of Membership, above. Subsequent to posting of a revised Agreement on the Website, Member's continued use of SierraStock.com shall be deemed acceptance of all such revisions. By continuing with the registration process or, by selecting " I agree to the Sierra Stock Terms and Services Agreement," you acknowledge that you have read and understand this entire Agreement, and agree to be bound by its terms and conditions.
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