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UploadvoorwaardenUpload Agreement
Last updated: 28 July, 2008
The following is a legal agreement between a member ("you", "Provider") who provides photographic images and/or graphics ("Images") for the www.typicalmedia.com/.eu/.nl website ("Website") and the Website's owner and operator, TypicalMedia ("TypicalMedia", "we") which governs the uploading of Images. By uploading Images to the Website and becoming a Provider, you agree to be bound by the terms of this Upload Agreement. If you do not agree with these terms, do not enter into this Agreement and do not use the Upload section of the Website.
Uploading Images / Grant of License
Both parties acknowledge that from time to time the Provider may upload Images to the Website, and TypicalMedia will screen these uploads to see if they are suitable for distribution. More about the policies behind this procedure can be found in the Support section of the Website.
The Provider authorizes TypicalMedia to be his/her non-exclusive agent to license his/her Images to third parties on a royalty-free (RF) basis, based on the terms that can be found in the Image License Agreement, as amended or updated from time to time. In addition, the Provider allows TypicalMedia, in its sole discretion to reproduce, publish, distribute, transmit, broadcast, adapt, display, modify, enhance, crop, or create duplicates of the Images, in any media now known or which may become known in the future, including, but not limited to, sublicensing the Images to affiliates or third parties and licensing the Images via subscription. The Provider also acknowledges that these images may be used for promotional purposes for the Website or the online gallery of the Provider. you also understand that no fee will be paid to the Provider for Images used by TypicalMedia for promotional purposes, whereby no payments are paid to TypicalMedia for such use.
The Provider acknowledges that TypicalMedia prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its Website. You further acknowledge that you are responsible for any challenges made by any third party regarding copyrights in the Image. You are solely responsible for the Images you upload.
Copyright
By uploading an Image, the Provider is warranting that he/she owns all proprietary rights, including copyright, in and to the Image. The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the Provider, unless otherwise mentioned by the license agreement. You acknowledge that you will provide accurate information at submission date and during the time interval that the file is hosted on TypicalMedia’s servers. TypicalMedia reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info. TypicalMedia reserves the right to reject any Image depicting a person or persons, in case the Image does not have a corresponding or valid Model release.
TypicalMedia has the right to inform its customers or visitors that your Image might need additional rights if it were to be used for commercial purposes. An Image without a valid, legal and signed release document that would require such a document to be present in case of commercial usage of the Image, or an Image which might need additional rights in case of commercial usage of the Image, will be accompanied by a clearly visible remark ‘Editorial use only. Not to be used in commercial designs and/or advertisements’.
We also reserve the right to remove any approved Image at any time if we believe it is defective, of poor quality, needed for complying with updated or changed terms in any of our Agreements found on this Website, or infringes on any right. Serious copyright infringement issues such as uploading Images found on other stock photography web sites shall result in the immediate termination of this Agreement, the termination of your membership, and even possible criminal prosecution.
Providers who lost their own Image(s) during a hardware failure are asked to contact support at TypicalMedia in order to receive a copy of their own files.
Commission
The Provider shall receive fifty (50%) percent of the sale price received by TypicalMedia for the images they have contributed to the Website which are subsequently sold by TypicalMedia. TypicalMedia reserves the right to change the commission rates without notice to you, from time to time, in its sole discretion. You shall be paid at the current rate then in effect. Your sole recourse with regarding to a change in the commission rate is to terminate this Agreement by notifying TypicalMedia in writing.
You acknowledge that you will be paid your earnings only after they have reached one hundred euros (€100) and you have submitted a payment request via the Website. TypicalMedia is entitled to carefully analyze all details and logs of the Provider and his/her downloads/sales on the website. If any suspicion exists, TypicalMedia has the right to delay the payment request until all details are cleared or to refuse the payment.
Termination
Both parties can terminate this Agreement for any reason with a written notice and proof of identity. Upon termination, TypicalMedia agrees to remove your Images from the Website and to send you the remaining earnings in your account balance. TypicalMedia shall use reasonable efforts to have your Images removed from the TypicalMedia website to also be removed from the websites of any TypicalMedia affiliates (including co-branded websites) within ninety (90) days of the removal of your Images from the main TypicalMedia website. Any licenses issued by TypicalMedia in respect of any your Images that are later removed from the TypicalMedia website will remain in full force and effect.
TypicalMedia is entitled to keep an offline copy of the Image(s) for several months, in order to allow previous buyers to verify the accuracy of the content or to allow the Provider to reactivate the Image(s). After this time interval has expired TypicalMedia shall erase the Image(s). You acknowledge that if your membership account is terminated by TypicalMedia because of copyright infringement or other kinds of serious - or even malicious - acts, your earnings will be confiscated.
Indemnification
You agree to indemnify, defend and hold harmless TypicalMedia, its subsidiaries, affiliates, licensors, employees, directors, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees and expenses) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of the Upload Agreement or of any representation or warranty contained herein, your unauthorized use of the TypicalMedia Content and/or Images, or your violation of any rights of another.
Disclaimer
THIS SITE AND THE TYPICALMEDIA IMAGES ARE PROVIDED "AS IS" AND TYPICALMEDIA AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, INDEPENDENT CONTRACTORS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. TYPICALMEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE IMAGES, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT TYPICALMEDIA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE TYPICALMEDIA IMAGES. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE IMAGES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
TypicalMedia uses reasonable efforts to ensure the accuracy, correctness and reliability of the Images, but we make no representations or warranties as to the Images's accuracy, correctness or reliability.
TypicalMedia offers a search feature within the Website. TypicalMedia explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. TypicalMedia also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some countries and American states do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL TYPICALMEDIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE TYPICALMEDIA IMAGES OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TYPICALMEDIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TYPICALMEDIA'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TYPICALMEDIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TYPICALMEDIA FOR ACCESS TO OR USE OF THE WEBSITE.
Miscellaneous Provisions
Any waiver of any provision of the Upload Agreement will be effective only if in writing and signed by TypicalMedia. If any clause in this Upload Agreement is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
TypicalMedia reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.
Questions and Contact Information
Questions or comments about the Website or any terms found on TypicalMedia may be directed to TypicalMedia at: legal@ typicalmedia .com.
Copyright Notice
Copyright © 2005-2008 TypicalMedia. All rights reserved.
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