ArtyStockPhotos.com Content Contributor Agreement

THIS IS A LEGAL AGREEMENT BETWEEN CONTENT CONTRIBUTORS AND ArtyStockPhotos. THIS AGREEMENT APPLIES TO ALL CONTENT CONTRIBUTORS WHO SUPPLY CONTENT TO ArtyStockPhotos.com.

Definitions

  1. Content means digital assets in the form of images, photos, illustrations or pictures.
  2. Content Contributor means any individual that have accepted this Agreement, has successfully cleared the ID verification process as per Paragraph 2 and has been approved by ArtyStockPhotos to upload content to ArtyStockPhotos.com's servers.
  3. Distributors means Third Party Licensees by the way of Partners, API Partners, Marketing Entities and other Resellers.
  4. Commissions mean payment due to the Content Contributor from sub licensing the Content uploaded and owned by the Content Contributor according to the currently approved Commission Structure.
  5. MoneyBookers (www.moneybookers.com) is an online tool that allows anyone to safely send and receive money via email using credit/debit card and banking accounts.
  6. PayPal (www.paypal.com) is an account-based system that lets anyone with an email address securely send and receive online payments using their credit card or bank account.

Grant of Authority

  1. You hereby appoint ArtyStockPhotos as a non-exclusive Distributor to license your Content to third parties within ArtyStockPhotos ' scope of business.
  2. You grant ArtyStockPhotos the right to use, re-use, reproduce, distribute, publish, republish, upload, post, transmit, print, crop, package and publicly display Content to prospective licensees in whatever marketing media or promotional channel it deems fit.
  3. You grant ArtyStockPhotos the right to employ the services of Distributors within ArtyStockPhotos’ scope of business in its licensing and marketing efforts of Your Content.

Distribution

  1. You agree to your Content being sold through a Distributor for all territories.
  2. The Contributor agrees that ArtyStockPhotos shall be at liberty to enter into a marketing and sub-licensee agreement with any Distributor as Third Party Licensee for the promotion and licensing of Accepted Content.

Contributor's Identification

  1. As a Content Contributor to ArtyStockPhotos, you are required to submit a valid means of identification to ArtyStockPhotos during Contributor Application.
  2. Acceptable means of identification are as follows:
    1. Government Issued Travel Passport
    2. Government Issued Identity Card
    3. Government Issued Driver's License
    4. Government Issued Certificate of Incorporation (Companies & Organizations)
  3. Proof of Identification can be sent via uploading scanned pages of the Government Issued documents as per clause 2.2 above.
  4. ArtyStockPhotos reserves the right to NOT to:
    1. Process payments of Contributors that are eligible until valid identification is provided.
    2. Start or continue to review and approve content submissions by the Content Contributor until valid identification is secured.
  5. Disclosure of Identification
    1. ArtyStockPhotos will not rent, sell, or share personal information about you with other parties or non affiliated companies.
    2. ArtyStockPhotos reserves the right to disclose your personal information if required to do so by law, or in the good faith, in the belief that such action is reasonably necessary to comply with legal processes, respond to claims, or protect the rights, property or safety of our organization, employees, customers, or the public.
  6. Privacy and Security of Personal Information
    1. ArtyStockPhotos will accept personal identification documents only by secure upload process from within the ArtyStockPhotos.com website.
    2. ArtyStockPhotos will take all necessary and reasonable security measures and precautionary protocols to ensure that all Contributor's documents pertaining used to verify the identity of the Contributor remains undisclosed from unauthorized third parties.

Right of Refusal of Contributor's Content

  1. ArtyStockPhotos reserves the right to refuse to accept any Content for any reason
  2. ArtyStockPhotos also reserves the right to deny approving any account for any reason including fraudulent downloads, obscene materials and material that depicts any person in an unfavorable light.

Right of Removal of Contributor's Content

  1. ArtyStockPhotos reserves the right to remove any previously accepted Content for any reason whatsoever.
  2. This includes, but is not limited to, Content that we decide are not appropriate to ArtyStockPhotos.com.

Contributor's Payment

  1. ArtyStockPhotos pays its Contributors based on the total license sales of downloaded images that belong to Contributors and on the total net revenue in a particular month (Up to 60% ) in US Dollars.
  2. Your account will be updated in real time for each of your photos downloaded by a paid subscriber but the total amount payable will only be shown latest by the 15th of every month.
  3. ArtyStockPhotos shall process all qualified payments by the 15th of every month.
  4. Qualified Payments and accompanying statements will be sent out on monthly basis. Payments are not automatic and need to be requested.
  5. Minimum Payout is $100
  6. Account Cancellations and Sums Remaining. If you cancel your account before you reach your minimum payout, the amount will be forfeited.
  7. All payments are made 2 weeks in arrears to the month in which your payment limit is reached. Example, by end of February you have $100 worth of commissions, ArtyStockPhotos will pay you $100 latest by the 3rd week of March.
  8. Pay periods are scheduled on the 3rd of each month. ArtyStockPhotos reserves the right to modify the commission rate and/or payment processing and/or payment delivery schedule at any time and notify you by email of the change.
  9. Payments via Cheque will take up to a month for the processing and subsequent delivery to qualified contributors.
  10. Customer Refunds and Adjustments
    1. Downloads resulting from credit card chargeback and customer refunds will be removed from Contributor's earnings.
    2. Refunds are only given after signed documents are returned to ArtyStockPhotos by the customer indicating that they will destroy any downloaded images from ArtyStockPhotos.com and will not use the images for any usage whatsoever.

Fraudulent Downloads & Violations

  1. You may not sign up for an ArtyStockPhotos.com subscription or credit package and download your own images.
  2. You - or anybody in your immediate or extended family - may not download your images for your profit.
  3. The Contributor will forfeit all earnings if the Contributor is found to be inflating downloads or abusing the system.
  4. If a Contributor's account is terminated for any reason - they must obtain ArtyStockPhotos’ permission to signup for another account.
  5. Further violation will result in the permanent lifetime ban of the Contributor.

Non-Exclusivity and Exclusivity

  1. Photos are submitted on a non-exclusive basis - you may submit your images/vector images to other websites and stock photo/stock vectors houses.
  2. An exclusive agreement may be arranged for a better commission.
  3. However you may continue to sell your images with other companies except the images which you select for exclusivity with ArtyStockPhotos if such an arrangement exists.
  4. Please note that ArtyStockPhotos will only accept designs/images that were created and fully owned by the original artist

Indemnity

  1. ArtyStockPhotos reserves the right to modify these terms at any time and to notify you by email of the modifications.
  2. ArtyStockPhotos will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your Content.
  3. Members/Contributors shall indemnify, defend and hold harmless ArtyStockPhotos, 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 Contributors or Member's warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys' fees and costs) incurred by ArtyStockPhotos as a result of such breach or breaches. ArtyStockPhotos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification, without affecting Member's/Contributor's indemnity obligations.

Copyrights and Warranties

  1. You agree to follow and adhere to ArtyStockPhotos’ Content Submission Guidelines (details inside the Contributors's Submission area). Repeated submissions of content that do not meet the requirements and specifications as stated in the Content Submission Guidelines may result in account termination.
  2. By using this site, and/or registering for an account, you warrant that you are 18 years of age or over and have the legal capacity to enter into and to be bound by this agreement.
  3. The copyrights to the images belong to the respective Contributor - we are merely providing a platform to market and sell them for you.
  4. You warrant that the images / illustrations that you are submitting to be sold under Commercial Royalty Free license are absent of any trademarks and logos.
  5. You warrant that your submissions do not infringe the copyright, trademark , intellectual property rights or privacy of any party.
  6. Your Content(s) have proper and valid Model Releases for Content containing identifiable faces.
  7. Your Content(s) have proper and valid Property Releases for Content that require a Property Release.
  8. Your Content(s) does not involve any sensitive subject matters such as child abuse or exploitation, invasion of privacy, pornography, lewd nudity and elements of discrimination against race, religion or faith.
  9. You warrant that you shall be responsible for any income and all tax declarations as required in your country of residence. ArtyStockPhotos shall not be held responsible for any tax issues pertaining to commissions paid out to you.
  10. You warrant that all registration information, documents and identification provided are true, accurate and not misleading;
  11. You covenant to use account only and at all times for yourself and take all steps to ensure that no one else uses the account, and that any violations thereof and losses, damages arising thereby shall be at your sole liability / responsibility.

Governing Law and Jurisdiction

By accessing ArtyStockPhotos.com website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by the statutes and laws of the State of West Bengal (India), without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and courts of West Bengal (India) with respect to any such matters relating to your access or use of this website and/or its products.

Entire Agreement

By using the Site, users hereby acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. Users further agree that this Agreement is the complete and exclusive statement of the understanding between the user and ArtyStockPhotos. Unless otherwise agreed to in writing in a separate signed agreement, this Agreement supersedes any proposal or prior agreement, oral or written, and any other communication between users and ArtyStockPhotos relating to the subject matter of this Agreement.

Revision of Agreement

ArtyStockPhotos may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Site. Users agree to review this Agreement upon notice of such revision, and any further use of the Site shall constitute agreement to the terms as modified. If any such revision is unacceptable to users, they may terminate their membership by notifying ArtyStockPhotos Member Support of same. Notice of termination will be effective upon return receipt or notification by ArtyStockPhotos.