The Contributor contract

This is your contract with Photostore.shop which you (the “Contributor”/”You”/”you”) sign when you register as a Contributor. By registering you accept that a legally binding contract has been entered into with Photostore.shop on the terms set out in these terms and conditions.

.You are signing up to submit Images and have them sold by Photostore.shop

.You also have the option to sell through our network of Distributors

.You are responsible for the content you upload, and you must be the copyright holder or have their permission or be contractually entitled to distribute the Image for its proposed use or the Image is copyright free

.We will pay you 85% of a direct sale made by Photostore.shop

.You can quit with just 30 days notice

.We report sales to you as soon as we know about them

.We’ll pay you every month that your balance is over US $50

.You will caption and keyword (tag) your Images

.The information you supply must be correct, particularly when talking about model or property releases

.The default price is set by Photostore, however the authors are free to set their own prices for their pictures

.Photostore.shop’s Customers cannot use photos for pornographic, defamatory, or any other unlawful purposes

 

Terms and conditions of the contract

1. The Images

1.1 ‘Images’ means any Image of whatever nature which at any time during the term of this contract you submit to Photostore.shop

1.2. The Images must comply with all Photostore.shop’s technical, quality, content and other criteria and requirements as set out on the Photostore.shop site at the time of your submission. You agree that Photostore.shop and third parties authorised by Photostore.shop have the right to delete any Images which do not comply with any of these criteria or for any other reason at Photostore.shop’s sole discretion.

1.3. Acceptance of an Image by Photostore.shop shall be at Photostore.shop’s sole discretion and Photostore.shop may at any time reject or delete Images at absolute discretion and any such material will no longer form part of the contract.

1.4. You accept that you are solely and exclusively responsible for all Images that you submit and for all data that you store on Photostore.shop’s servers. You acknowledge that Photostore.shop does not and cannot review all Images uploaded and is not responsible for the Images. Where Photostore.shop makes available Images this should be considered only as a courtesy and does not limit your responsibility for the Images.

 

2. Submission and deletion of Images

2.1. You must assign to each Image you submit, and must ensure that you understand the implications of each licence type(s) you select.

2.2. You cannot submit identical or similar Images to Photostore.shop website.

2.3. You must keep the System up to date at all times by any method notified to you by Photostore.shop including use of the Contributor section of the website and/or any spreadsheet. Without limitation You must update Photostore.shop in respect of any sale on exclusive terms not made via the Photostore.shop System. If you give Photostore.shop permission to update the System, or if Photostore.shop updates the System for any reason, Photostore.shop shall not be liable for any mistakes or omissions.

2.4. You may delete any Images after one hundred and eighty (180) days notice, subject to the section entitled “Pricing and Promotion”. This is in addition to your rights to terminate the contract set out below.

2.5. You undertake not to use the System for the purposes of uploading, posting, emailing or in any other way processing or forwarding Images in breach of applicable law (including but not limited to information that may be deemed to constitute incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, unlawful description of violence, and/or violation of copyright or any intellectual property law or violations of data protection laws) or that may in any other way be conceived as threatening, insulting, racist, offensive, vulgar and/or indecent or which involves infringement of a private individual’s personal sphere or the infringement of a third party trademark or copyright or other intellectual property right.

2.6. Under this contract (subject to the restrictions stated in the contract) you have the right to supply your Images on a non exclusive basis and may therefore sell your Images in any other way you wish as long as you comply with the terms of this contract.

 

4. Warranties You warrant that:-

4.1. You have given full and accurate information at Registration including your full legal name and address and payment details and you will keep that information up to date at all times and You will provide and maintain a valid and accessible email address supplied to Photostore.shop at Registration or at a later date via My Photostore.shop, which we will use to contact you for important account specific information such as contractual notifications, operational updates and service emails.

4.2. (i) You are the Copyright Owner of the Images or have authority from the Copyright Owner to enter into the Contract and that the Copyright Owner is the sole owner free from any third party rights of the entire copyright and all other intellectual property rights throughout the World in the Image except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third party copyright, trade mark, moral right or other intellectual property rights; or (ii) the Image has been supplied to you to distribute under contract for the uses for which they are proposed to be licensed; or (iii) the Image is entirely free from copyright and no attribution is required.

4.3. Where the contract is entered into by an agent on behalf of the Copyright Owner the agent has the full authority of the Copyright Owner to enter into this contract.

4.4. You hold the rights to grant, market, license, sell or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, to make the Images available for reproduction on physical articles and items including without limitation on prints and posters, to make the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and to include them in any catalogue, Internet sites or marketing in any form (“the Rights”); Subject always to Clause 4.7 except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third party copyright, trade mark, moral right or other intellectual property rights there is not and will not during the term of this contract be any limitation or restriction on Photostore.shop licensing each Image to a Customer to the fullest extent possible.

4.5. You hold all permissions needed for the exploitation by third parties of the rights, including, without limitation, from subjects or owners of products or property depicted in the Images and/or original clients for whom the Images may have been created. Any exercise by Photostore.shop of the rights shall not violate the rights of any third party (including, without limitation, the rights of the subject of the Images), in particular with regard to laws relating to trade mark, copyright, indecency and obscenity, privacy, publicity and defamation within the UK, USA or elsewhere.

4.6. Where you have indicated that a Model Release, Property Release or any other release of a third party right including without limitation any copyright, trade mark or other intellectual property right, is available. the release must (a) be legally binding and (b) (except as otherwise notified to Photostore.shop via the website or, with the agreement of Photostore.shop, via email) authorise all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues; you must make the release(s) available to Photostore.shop if so requested.

4.7. You have detailed in the relevant fields of the System any Licence restrictions that you wish to apply and to cover all rights that have previously been licensed or granted for the use of the Image/s. Photostore.shop also reserves the right to set licence restrictions in relation to the Images.

4.8. You grant to the Customer the right to alter the Images including any cropping, manipulation, combining and creation of derivative Images providing such alteration is not pornographic, defamatory or otherwise unlawful. You undertake that the person who created the Image has waived all moral rights in respect of use of the Image pursuant to this contract by Photostore.shop, its Customers or any third parties.

4.9. There are and will be no claims by any other party in connection with the use or reproduction of any of the Images.

4.10. You will ensure that all Metadata including without limitation captions, keywording, descriptions and Pseudonyms, rights management or other information pertaining to the Images is and will remain accurate and factually correct and does not infringe the copyright or other rights of any third party, and are not defamatory or pornographic.

4.11. Any information supplied for display with any Image, including captions, keywords, Pseudonyms, agency names and descriptions only includes information that is pertaining to the specific Image itself, and does not include contact details, web addresses, Uniform Resource Locator’s (URL’s), copyright and rights management information or, except in cases of journalism or news reporting or where the consent of any person shown in an Image has been obtained or another legitimate reason exists, any personal details from which a living person can be identified.

4.12. Where Photostore.shop or Distributor has licensed an Image to one of its Customers, You agree that You will not contact the Customer for any reason pertaining to this sale or the use of the Image. In relation to alleged copyright infringements You agree to contact Photostore.shop first to check there is no relevant download or licence before contacting the user of the Image and not to contact them if Photostore.shop advises You that there is a relevant download or licence.

4.13. Where your Image(s) are included in search engine listing and promotion, pursuant to clause 15.1, no claim will be made by you, for breach of copyright in respect of the Images displayed.

4.14. The Image was not taken in any place where photography for commercial gain is forbidden, e.g. some museums, art galleries and other public or private buildings or areas.

4.15. The Image complies with the privacy and property laws of the country in which it was taken, e.g. in certain countries before taking a photo of someone you are required by law to ask the subject’s permission.

 

5. Indemnities

2.1. You will indemnify, defend (at the request of Photostore.shop) and hold Photostore.shop and its sub-licensees and assigns harmless against any prejudice, damage, liability or costs (including reasonable lawyers’ fees) which any of the indemnified parties incur arising from or in respect of any claim that there has been a breach of your representations, obligations and warranties in this contract. This paragraph will remain in force after the termination of this contract.

 

6. Appointment of Photostore.shop

6.1. You appoint Photostore.shop as your non-exclusive agent to exploit all Rights in the Images in the Territory in all media and formats whether current or yet to be developed (including for the avoidance of doubt and without limitation digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, making the Images available for reproduction on physical articles and items including without limitation on prints and posters, making the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and including them in any catalogue, Internet sites or marketing), using the System.

6.2. Where you appoint Photostore.shop as your agent to grant Royalty Free licences in respect of an Image, Photostore.shop may vary the licences it grants in respect of that Image from Royalty Free to Rights Managed or Royalty Free editorial only. If you notify Photostore.shop that you do not agree to such variation then Photostore.shop may either continue to grant licences in accordance with the original licence type in respect of that Image or, at Photostore.shop’s option, may delete that Image from the System.

6.3. You may appoint Photostore.shop as your agent to grant novel use licences in respect of all of your Images. Such appointment may be made by you confirming through the Photostore.shop website or by email. You may terminate Photostore.shop’s right to grant novel use licences in respect of your Images at any time during the month of April in each year without prejudice to your general rights of termination under this contract.

6.4. Photostore.shop has full authority to negotiate all terms of commissions, licences and reproduction rights in the Images including the fee, duration and scope of any licence. You authorise Photostore.shop to agree to any cropping, manipulation, combining and creation of derivative Images.
6.4.1. When re-licensing Images that have been previously licensed to a Customer, if in Photostore.shop’s reasonable opinion the content within which the Image/s is to be used is the same or very closely similar to that of the previous use (for example extensions of print runs, foreign language versions, new editions and reproduction in new or different forms of media), Photostore.shop is permitted to grant a re-use licence on the terms and conditions, restrictions and availability in place at the time of the original licence. This clause will remain in full force and effect even after termination of this contract or deletion of the Image/s. As an example, Photostore.shop is not entitled to grant licences for a book called ‘Countries of the world’ if the previous use was a book called ‘The world Encyclopaedia’ with different content or to grant licences for a magazine or advert if the previous use was for a book.

6.5.1. Photostore.shop shall have the right to add, amend or delete any Metadata for an Image if in Photostore.shop’s opinion this would be likely to increase the sales potential for that Image or if it believes the Metadata to be incorrect.

6.6. Photostore.shop is entitled to set and agree prices in its absolute discretion.

6.7. You authorise Photostore.shop to add the Images to one or more of its databases.

6.8. If you agree to Image Options you grant Photostore.shop the right to carry out certain pre-formatting changes to the Images prior to release for licensing.

6.9. You acknowledge that Photostore.shop will have the right to translate the captions and tags (keywords) and other information associated with the Image into other languages, including by using an automated machine translation process that Photostore.shop has had no input into or control over and that accordingly Photostore.shop disclaims any liability for any failure to translate or for any inaccurate, misleading, defamatory, insulting, offensive, infringing or unlawful content created as a result of or arising out of such translation process.

You will only remain responsible for providing and maintaining accurate information in the original language provided.

 

7. Photostore.shop’s obligations

7.1. Photostore.shop agrees to use its reasonable endeavours to grant licences as you have requested. However if Photostore.shop (or one of its Distributors) sells an Image outside the terms specified by you it shall not be liable for any loss.

7.2. Photostore.shop agrees to use its reasonable commercial endeavours, utilising the System, to obtain reasonable Licence Fees.

7.3. Photostore.shop shall act as an agent in respect of the Images.

7.4. Where you are agent for the Copyright Owner, Photostore.shop’s contract is with you only.

 

9. Credits, copyright notices and promotion

9.1. Customers of Photostore.shop using Images will be instructed to credit your Pseudonym /Photostore.shop or, where applicable, the Agency Contributor name/Photostore.shop.

9.2. Photostore.shop cannot guarantee a photo credit in any instance, and will not be held liable if a photo credit is not made. Nor can Photostore.shop guarantee if a photo credit is made that it will show your Pseudonym or where applicable your Agency Contributor name.

9.3. Photostore.shop shall have the right, including in advertising and publicity in any media, to use your name to advertise and promote the System and/or the Photostore.shop brand.

9.4. Provided you acknowledge Photostore.shop’s rights you may use Photostore.shop’s trade marks in any lawful promotion or publicity without Photostore.shop’s prior written consent. Pornographic, defamatory or other unlawful use including use in unsolicited electronic communications is not permitted. Photostore.shop shall be entitled to revoke this permission if it becomes aware of any use of its trade marks which it deems inappropriate.