PHOTOGRAPHER AGREEMENT Last updated: 2 may 2007
The following is a legal agreement between a member ("You", "Provider" ,"Photographer") who provides photos and graphics ("Images") for the O-Line-Photos website ("Website") and the Website's owners and operators, O-Line. ("We"). Said legal agreement governs the provision ("uploading") of Images. By rgistering as a photographer and becoming an Image Provider You agree to be bound by the terms of this Agreement. If You do not agree with these terms, terminate this Agreement and remove your Images immediately.
This agreement may be revised or updated without notice. You are advised to review it regularly. Details on updates can be found at the beginning of this document.
Both parties acknowledge that from time to time the Provider may upload photographs or graphics to the Website, and O-Line-Photos will screen these uploads to see if they are suitable for distribution. The policies behind this procedure are described in the Upload rules section and/or the photo guidelines section of the website.
The Provider authorizes O-Line-Photos to be his/her non-exclusive agent that licenses royalty free Images to third parties based on the terms that can be found the Image License Agreement. In addition to this, the Provider allows O-Line-Photos to use, distribute, publish and sell these Images. The Provider also acknowledges that these images may be used for promotional purposes for the Website or the online gallery of the Provider.
The Provider acknowledges that O-Line-Photos does not allow the upload of Images that infringe on any copyright, property right, trademark or any other applicable right. You are solely responsible for the Images You upload. You warrant that You own all proprietary rights regarding the Image, and as for Images depicting identifiable persons that You have (oral) consent, or that you have a valid, legal and signed Model release from those parties. The model release must be uploaded alongside the Image. O-Line-Photos reserves the right to reject any Image depicting identifiable persons that does not have an explicit note on (oral) consent or a corresponding Model release.
We also reserve the right to remove any approved Image at any time if We believe it's defective, of poor quality or infringe on any right. Serious copyright infringement issues such as uploading Images found on other stock photography sites (photos which are not your own) result in the termination of this Agreement, the termination of your membership, and possible criminal prosecution.
Earnings and Payment
O-Line-Photos agrees to pay YOU the standard 70%* of the sale of any of your provided photos once that photo has been downloaded. O-Line-Photos reserves the right to change the payment percentage. All planned percentage changes will be announced prior to the change implementation. You agree to donate 2% of your earnings to one of three charities of your choice within the charity options that O-Line-Photos provides on it's website (O-Line will provide 3% to make a total of 5%). You acknowledge that You can request payout of your earnings only after they have reached an amount of at least 10 Euros (This is to minimize transaction costs for you). O-Line-Photos does its best to process your payment requests in 3 workdays. Transaction costs resulting from the transfer of your payment to your account will be deducted form your payment.
*)Standard percentage of sales to photographer unless agreed upon otherwise !
Both parties can terminate this Agreement for any reason with a written notice and proof of identity. Upon termination O-Line-Photos agrees to remove your images from the Website and to send you your remaining earnings from your balance. You acknowledge that if your membership account was also terminated by O-Line-Photos because of copyright infringement or other kinds of serious - or even malicious - acts, your earnings and download credits will be confiscated.
You agree to indemnify, defend, and hold harmless O-Line-Photos and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.
Warranty and Liability
THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. O-LINE-PHOTOS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
O-LINE-PHOTOS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.