Last Modified: 30 December 2015
Please read the following terms and conditions carefully and make sure you understand it fully.
Stockmoments™ acts as an agent for contributors ("Contributor”) of photographs, images, vectors, videos, or other media (collectively, "Content”) for the purpose of licensing the rights of such Content that is uploaded to the Stockmoments™ website to Stockmoments™’s users who pay for fee for such licenses ("Customers”). Stockmoments™ Customers may make broad use of licensed Content and are under no obligation to inform Stockmoments™ or Stockmoments™ Contributors of the uses made of any Content.
By accessing and using the Stockmoments™ website and its services (collectively, the "Site”), you shall be deemed to have agreed to and are bound by the terms and conditions described in these Contributor Terms of Service and by all terms, policies and guidelines incorporated by reference. If you do not agree to all terms and conditions described in these Contributor Terms of Service, please do not use this Site.
Stockmoments™ reserves the right to amend these Contributor Terms of Service when needed and will post the updated Contributor Terms of Service on this page. A notification will also be sent to you when such amendments are made. You agree to be bound by all such changes. Please remove all or the portion of your Content to which you do not wish for the amendments to apply if you do not agree with any of the amendments.
You warrant that all information that has been provided to Stockmoments™ are accurate, complete and current at the time you provided such information to Stockmoments™. You agree to update and correct such information to ensure its accuracy and completeness at all times. Falsification of such information, or failure to comply with this Licensing Terms may result in the termination of your account with Stockmoments™.
You accept responsibility for all and any activities conducted through your account with Stockmoments™. You agree to notify Stockmoments™ immediately if you become aware of any unauthorised use of your Stockmoments™ account, as well as of any security breach that may affect Stockmoments™.
You will not engage in any behaviour which Stockmoments™, in its discretion, deems vulgar or offensive. You will also not conduct any activity that is unethical or unlawful while using the Site or Content.
Stockmoments™ reserves the right to refuse or terminate any account for fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, artificially inflating downloads, submission of material that is obscene in nature, violent or that might be construed as defamatory, for any breach of this Contributor Terms of Service or any other agreement that you have with Stockmoments™, or for convenience. If Stockmoments™ terminates your account, you will not access the Site in any manner or for any reason without the written permission of Stockmoments™.
You will not have multiple active Contributor accounts at any time without the written consent of Stockmoments™. If you are granted such access, you may not submit identical Content to more than one account.
In the event that you wish to terminate your account, please Contact Us.
By uploading any Content to Stockmoments™, you grant Stockmoments™ a worldwide, non-exclusive, royalty-free right and license to use Content for any purposes, including but not limited to, publication, creation of derivative work and sublicensing until this Contributor Terms of Service is terminated. You further grant Stockmoments™ the same rights to use your name, username and any Content for any or all promotional and/or marketing activities related to Stockmoments™. Stockmoments™, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you.
All rights, including the copyrights, in and to all Content remain with the owner of such rights. Nothing contained herein shall be construed to transfer any copyright to Stockmoments™.
You agree to accept responsibility for all and any Content uploaded to Stockmoments™. You agree to remove the uploaded Content immediately if you become aware that the Content has infringed on a copyright or any other rights of a third-party.
You expressly waive any artists' authorship rights or any droit moral that you would otherwise have under the copyright laws of any jurisdiction. You also give permission to Stockmoments™ to add, modify or remove information related to your Content in order to manage and license such Content.
Stockmoments™ has the right, but not the obligation, to license any Content to its Customers unless or until that Content is removed from the Site.
Licenses issued by Stockmoments™ for any Content that is later removed will remain in full force and effect.
Stockmoments™ has the right to refuse to accept or remove any Content for any reason at any time.
h. YOU MAY NOT UPLOAD ANY CONTENT:
That contains nudity or pornographic elements;
With a subject that is highly blur and unrecognisable;
That is of a low quality. Low quality is defined as anything less than five (5) megapixels for photographs;
That contains any form of watermarks.
Stockmoments™ shall pay you a royalty for each successful download of a Content by a Customer. However, if a customer downloads the same Content more than once, you will only be paid once only. The amount of royalty that you receive is as defined in the Contributor’s page.
Payment for royalties and/or other accompanying statements (collectively, "Payment”) will be made only if you have made a request for such a payment. Payment is requested by clicking on the "Request for Payment” button located in the "View Sales” page. You are required to submit an invoice to email@example.com after requesting for your payment. The invoice shall contain details of all unpaid sales, including the ID of the sold content, the license type of the sold content, the amount you will receive for the sold content, and the total amount that you will receive for all the sold content. Request for Payments will be processed on the 20th of each month and Payments will be made within one week.
If you voluntarily terminate your account before you request for your Payment, or if your account is terminated due to a breach of these Contributor Terms of Service, Stockmoments™ shall have the right to retain any Payment to you as liquidated damaged.
If you are credited with a download or downloads and a refund is thereafter issued to the Customer that downloaded any or part of your uploaded Content, Stockmoments™ shall have the right to deduct royalties credited to your account. If Stockmoments™ makes an overpayment of royalties or other compensation to you for any reason, Stockmoments™ shall have the right to deduct the amount of such overpayment from your accrued royalties or to demand the immediate repayment of such overpaid royalties or other compensation.
Stockmoments™ may modify the amount of royalties and/or payment schedule at any time and notify you by email and post the updated amount of royalties in the Contributor’s page. Continued usage of the Site will constitute your acceptance of such changes.
If you receive your Payments through an online payment processing service (e.g., Paypal) you may not share your online payment processing service account with another Stockmoments™ Contributor. Stockmoments™’s obligation to make payment to you hereunder shall be fulfilled by making payment to the online payment processing service account designated by you.
4. Model Releases
You agree to provide accurate and valid model releases for all Content you contribute to Stockmoments™ that, in Stockmoments™’s judgement, contains a public or prominent figure of society and/or an artist or celebrity. Stockmoments™, in its own discretion, may choose to reject a Content without a model release that depicts such a person.
You agree that you are solely responsible for retaining all original model releases and maintaining complete and accurate model release records. Model releases are to be electronically submitted to Stockmoments™ with the relevant Content. More information on how to submit model releases can be found on the Contributor’s Page under Frequently Asked Questions.
The submission of inaccurate, falsified or otherwise defective model releases is a material breach of this Contributor Terms of Service and can result in the immediately termination of your account without notice.
Model releases submitted by you must not contain any terms inconsistent with this Contributor Terms of Service or any other Stockmoments™ terms, policies and guidelines.
You agree that Stockmoments™ may furnish redacted model releases to Customers, in order to respond to any potential or actual legal action or comply with applicable laws and/or regulations reporting requirements.
5. Warranties and Representations
You own and/or control all rights, including copyrights, of all Contents and parts thereof uploaded to Stockmoments™ and you have the full rights, power and authority to enter into this agreement and to fully perform your obligations hereunder;
All Contents and parts thereof uploaded to Stockmoments™ are unencumbered and original works by you and are capable of copyright protection in all countries where copyright or similar protection is available;
If the Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs (e.g., Photoshop, Illustrator) by uploading such Content to Stockmoments™, you warrant and represent that the end user license agreement, terms of service or the equivalent license held by you does allow you to incorporate such elements in Content created by you, and to license such Content to Stockmoments™ for the purposes set forth herein;
There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect your uploaded Content or which might in any way impair the rights granted by you hereunder;
The uploaded Content is neither obscene nor defamatory and does not infringe the copyrights or any other rights of any third party, including but not limited to, trademark rights and the rights of privacy and publicity;
You have the necessary rights to allow licensed customers of Stockmoments™ to use any uploaded Content for commercial purposes.
You will not use a keyword, image title, metadata or any other reference that: a) violates any third party's trademark or other proprietary right; b) is or may be illegal to use; c) which may cause confusion with respect to another person or other entity; or d) which Stockmoments™ deems in its discretion to be indecent, vulgar or otherwise offensive. Stockmoments™ reserves the right to delete any vulgar, inappropriate or otherwise offensive Content, or to require the deletion thereof;
The information contained in all model releases that you have provided is accurate and complete and that the subjects signing the releases and depicted in a Content have voluntarily consented to publication and/or dissemination of their likenesses for all legal purposes;
You will not transmit unsolicited emails or engage in so-called "spamming” to publicise or to promote your relationship with Stockmoments™ or the sale of your Content. Nor will you advertise or otherwise publicise your relationship with Stockmoments™. You acknowledge that such advertising might infringe on the intellectual property rights of Stockmoments™ and/or third parties; and
You will not use Stockmoments™ for any unlawful or unethical purposes.
6. Stockmoments™ Trademark
Nothing contained herein grants or shall be construed to grant you any rights to adopt or use any registered or common law Stockmoments™ trademarks, logos, service marks, trade name, internet domain names, or other indications of origin now of in the future used by Stockmoments™ (collectively, the "Trademark”).
You will not use Stockmoments™’s Trademark in any manner that might tarnish, disparage, or reflect adversely on such Trademark or Stockmoments™. Nor will you use any Stockmoments™’s Trademark or any variant thereof, including misspellings, as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.
You will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any Stockmoments™’s Trademark or the Trademark rights claimed by Stockmoments™.
The look and feel of the Stockmoments™ website, including but not limited to all page headers, custom graphics, icons, and scripts, is the intellectual property of Stockmoments™ and may not be copied, imitated or used, in whole or in part, without the prior written consent of Stockmoments™.
You will not use Stockmoments™’s Trademark for search engine advertising and/or marketing. You acknowledge that such advertising might infringe on the intellectual property rights of Stockmoments™ and/or third parties.
All rights in and to Stockmoments™’s Trademark not expressly granted to you hereunder are reserved by Stockmoments™.
You agree to indemnify and hold Stockmoments™, its officers, employees, shareholders, directors, managers, members, suppliers, and those of its affiliates including parent companies and subsidiaries, harmless against any liability, claims, losses, costs and expenses (including reasonable attorney’s fees and disbursements) or damages of any kind arising out of any breach or claimed breach or any of your warranties and representations or any of your obligations under the Contributor Terms of Service or any other agreements with Stockmoments™.
Any legal action or proceeding concerning the validity, interpretation and enforcement of these Contributor Terms of Service, matters arising out of or related to these Contributor Terms of Service or its making, performance or breach, or related matters shall be heard and decided exclusively before the courts of the Republic of Singapore, and all parties consent to the waiver of any objection to the propriety or convenience of such venues. The validity, interpretation and enforcement of these Contributor Terms of Service, matters arising out of or related to these Contributor Terms of Service or their making, performance or breach, and related matters shall be governed by the internal laws of the Republic of Singapore. You agree that service of process in any actions, controversies and disputes arising from or relating to these Contributor Terms of Service may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law.
These Contributor Terms of Service shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Contributor Terms of Service shall not affect the validity or enforceability of the balance hereof.
Stockmoments™ does not warrant that access to the Site will be uninterrupted and error free.
In no event shall Stockmoments™ nor any of its officers, employees managers, members, shareholders, directors suppliers or those of its affiliates including parent companies and subsidiaries, 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 from the submission or use of your Content or the termination of your Contributor Account, even if Stockmoments™ has been advised of the possibility of such damages, costs or losses.