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Once you have been accepted as a contributor to Wildlifestockphoto.com we will send you a contributor agreement (see below). To start contributing to the stock library you will have to return a signed copy of this agreement to Wildlifestockphoto.com.
Contributor Agreement
This Contributor Agreement (Agreement) is between you (You, Your) and Wildlifestockphoto.com of Duiker 3, 5345RG, Oss, The Netherlands, also known as Wildlifestockphoto (we, us, our). Please read the Agreement below and indicate Your acceptance of these terms and conditions by signing this Agreement and returning it to the above-mentioned address.
Definitions
- "Accepted Images" means an image submitted by the contributor to Wildlifestockphoto and accepted by Wildlifestockphoto for inclusion in its database of images available online.
- "Rights Managed" means the licensing of Accepted Images on a use basis for a specified use and a specified time period.
- "Royalty Free" means the licensing of Accepted Images for broad use without specification on the number of times used or a time period.
- "Similar" means an image in analogue or digital form that is substantially similar to any Accepted Image and which may reasonably cause an industry professional viewing the image to believe it is the same or substantially the same image, whether in colour or black and white.
- "Stock Agents" means any stock picture company, stock film library, on-line image service, royalty free or clip art provider, or any other similar entity that is in the business of licensing, distributing, providing, selling or otherwise exploiting photographic or digital images anywhere in the world.
Submitted images
You hereby warrant to Wildlifestockphoto that:
The Accepted Images are your original work and that you have not entered into any agreement, in respect of the Accepted Images, which would adversely affect the rights granted (other than arrangements and restrictions specifically noted to Wildlifestockphoto).
You own the copyright of the Accepted Images and you have the full power to make this agreement and will indemnify Wildlifestockphoto against any loss, damage or expense occasioned to Wildlifestockphoto in consequence of any breach of this warranty.
You undertake not to assign, license or otherwise dispose of the copyright in the Material and undertake not to license, assign or dispose of any interest in other photographs which for any reason may cause confusion or which may derogate from the rights granted by this Agreement, without permission of Wildlifestockphoto. This undertaking is limited to the term of the Agreement.
Submission and acceptance of images
You agree to abide by the current Wildlifestockphoto submission guidelines. You agree that Wildlifestockphoto may change such guidelines upon written notice to you. Wildlifestockphoto warrants that Accepted Images shall at all times be and remain the exclusive property of the contributor, to be used by Wildlifestockphoto solely for the purposes described in this Agreement. The Accepted Images shall not be considered assets of the Wildlifestockphoto in the event of a bankruptcy. Wildlifestockphoto may accept or reject any Accepted Images submitted to it in its sole and absolute discretion and may remove any uploaded Accepted Image for quality or any other reason.
Rights Assignment
In consideration of the payments hereinafter mentioned, You hereby grant to Wildlifestockphoto the exclusive right to license the reproduction of the Material for the term of this Agreement throughout the world where the Image is licensed as rights managed. The same applies where the Image is licensed as royalty free with the exception that the right to license is non-exclusive.
Image Pricing
You have the option of determining the price for all of your Images yourself, or you can let Wildlifestockphoto determine the price of your Images. You agree that the minimum license sale fee per Image for Wildlifestockphoto is €10.
Payments
Your percentage rate shall be 75% (seventy-five percent) for digital Images, of all monies received by Wildlifestockphoto as revenues. Wildlifestockphoto will settle with You quarterly in respect of all relevant paid-up accounts and provide a report listing gross funds received from these licenses. All payments are made using PayPal and Wildlifestockphoto reserves the right to elect alternative means such as by cheque, direct bank transfer or some other means not specified.
Term
Wildlifestockphoto will retain any Images deposited with Wildlifestockphoto by You for the duration of the Agreement. Either party may give 60 (sixty) days written notice of termination. Termination shall not prejudice licensing agreements then extant and all negotiations, which Wildlifestockphoto has properly entered into with any third party. On the date of termination no further licenses shall be granted. Either party may terminate this agreement by notice in writing to the other. Wildlifestockphoto may terminate this contract immediately on written notice to You if it decides to cease trading.
Litigation
Each party shall promptly inform the other of any actual or suspected infringement of copyright, breach of moral rights or other matter giving rise to threatened proceedings or claims or demands in respect of any of the Material. You and Wildlifestockphoto shall negotiate in good faith with a view to cooperating in any proposed legal proceedings. For the avoidance of doubt, Wildlifestockphoto shall be under no obligation to institute any legal proceedings nor to take steps for the recovery of any fees payable in respect of use of the Material whether permitted or unauthorized.
Agreement
This Agreement constitutes the entire understanding between the parties. It may not be varied except in writing signed by both. This Agreement supersedes any previous
Agreement signed with Wildlifestockphoto.
Disputes
If any dispute shall arise between You and Wildlifestockphoto out of or in connection with or in relation to this Agreement, the Dutch courts shall resolve the matter.
Governing Law
This Agreement shall be governed by and interpreted in all respects in accordance with the Laws of The Netherlands
By signing this Agreement you are indicating that You are at least 18 years old and You are agreeing to be bound by this Agreement. Under this Agreement Wildlifestockphoto is authorized to add the Images contributed by the Contributor to its web site at http://www.wildlifestockphoto.com.
Should you have any queries relating to this contributor agreement please contact info@wildlifestockphoto.com |
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