The following is a legal agreement between a member ("You", "Contributor") who provides photos and graphics ("Images") for the stockfresh.com website ("Website") and the Website's owners and operators, Stockfresh.com Kft. ("Stockfresh", "We") which governs Image sales. By filling out our application form and becoming an Contributor You agree to be bound by the terms of this Agreement. Please note that this Agreement may be revised or updated without notice and You are advised to review it regularly.
April 25, 2012 - Clarification on termination
1. General rules
Both parties acknowledge that the Contributor may upload photos, graphics or vector illustrations to the Website, and Stockfresh will screen these files to see if they are suitable for distribution. The policies behind this procedure are described in the Upload guide
section of the Help.
The Contributor authorizes Stockfresh to be his/her non-exclusive agent to license said Images at pre-determined prices to third parties and customers based on the terms that can be found the Image License Agreement
. In addition to this you also allow Stockfresh to distribute and publish these Images and acknowledge that they may be used for promotional purposes on the Stockfresh website and in various marketing materials. We will however not provide the images to any client free of charge without your prior written permission.
The Contributor acknowledges that Stockfresh will not accept any Images that infringe on any copyright, trademark, property- or any other applicable rights. You are solely responsible for the legal status of your Images. You warrant that for each Image You own all the proprietary rights and that You obtained all the necessary releases which You must attach after upload.
Stockfresh will take reasonable precautions and do its best to prevent the unauthorized use of your Images by third parties, however you acknowledge that due to the nature of the internet and that the Images need to be displayed on the Website there are no warranties that such unauthorized use will not happen. You agree that you will not hold Stockfresh liable and responsible for any copyright infringement done by third parties.
We reserve the right to reject or remove any approved Images at any time if we believe they are defective or infringe on rights. Serious copyright infringement issues such as uploading stolen Images result in the termination of this Agreement, the termination of your membership, and possible criminal prosecution.
Stockfresh agrees to pay a certain amount of royalties to the Contributor based on the number of Image downloads. Royalty rates can be found in the Contributor info
section of the Help. Stockfresh reserves the right to change these rates at any time. Changes will be communicated through the on site message system and e-mail. You acknowledge that the payout threshold is USD $50. Payout requests are processed once a week, on Mondays (or the next business day if it's a holiday). Supported payment methods: PayPal and Moneybookers.
Both parties can terminate this agreement and close your membership account for any reason with a written notice and proof of identity. Upon termination You must remove all unused Images obtained from Stockfresh from your computer. If You are a Contributor, your Images will disappear from the search cache within 24 hours of cancelling your account. You acknowledge that if the agreement and your membership were terminated by Stockfresh due to copyright infringement, scamming, credit card fraud or other kinds of illegal or malicious activity, your earnings and/or download credits will be confiscated and your subscription will also be cancelled immediately.
You agree to indemnify, defend, and hold harmless Stockfresh 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 Images, 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.
5. 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. STOCKFRESH 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.
STOCKFRESH 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.