FreePhotoMarket Terms & Conditions
The following is a legal agreement between you and FreePhotoMarket. Please read this agreement carefully and be sure you understand it fully before downloading or uploading any FreePhotoMarket files. By downloading or uploading any file, you agree to be bound by the terms of this agreement.
The FreePhotoMarket License Agreement is an integral part of this FreePhotoMarket terms and conditions. Both FreePhotoMarket users who submit files to FreePhotoMarket (from here called the submitter) and the FreePhotoMarket user who downloads the file (from here called the customer) agrees to be bound by the terms of the Photo Usage Agreement. The Photo Usage Agreement is an agreement between the submitter and the customer.
1. Ownership of Submitted Content:
a. The copyrights in and to all Submitted Content remain with the owner of such copyrights. Nothing contained herein shall be construed to be a transfer of any copyrights to FreePhotoMarket.
b. By submitting any content to FreePhotoMarket, submitter hereby grant FreePhotoMarket, a worldwide, non-exclusive right and license to use any submitted content uploaded by submitter on FreePhotoMarkets website and/or in any advertising in order to promote FreePhotoMarkets website, during the term of this agreement. FreePhotoMarket, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you. You expressly waive any artists authorship rights that you would otherwise have under the laws of the Netherlands or similar laws.
2. Non-Exclusive Relationship:
FreePhotoMarket does not insist on an exclusive relationship with any of its submitters. While we appreciate loyalty, you are free to market any materials owned by you, including your Submitted Content, on any other website (or by any other means), whether they compete with FreePhotoMarket or not.
3. Accounts:
FreePhotoMarket has the right to refuse to accept any Submitted Content for any reason. FreePhotoMarket also has the right to refuse to establish an account or to close any existing account, for fraud, copyright infringement, violation of a third party's rights of privacy or publicity, repeated submission of material that is obscene in nature, violent or that might be construed as defamatory or for any breach of the terms of this or any other agreement that you have with FreePhotoMarket. If your account is terminated for any reason you must obtain authorization from FreePhotoMarket prior to establishing another account. If you attempt to establish another account without obtaining such authorization, FreePhotoMarket may permanently ban you from this website and its affiliated websites and services.
4. Use of automated programs:
Users are not allowed to use automated programs, applets, bots etc., to download Images.
5. Removal of Submitted Content:
a. FreePhotoMarket has the right to remove any Submitted Content from the FreePhotoMarket website for any reason. Submitted Content will be removed if FreePhotoMarket believes that the Submitted Content will subject FreePhotoMarket or any of its officers, directors or employees to legal action or if the Submitted Content violates the terms of this agreement. Submitter has the right to remove any of his Submitted Content from the FreePhotoMarket website for any reason whatsoever.
b. By buying one ore more subscription to FreePhotoMarket submitter may upload a certain number of images to the website of FreePhotoMarket for a certain period. At the end of a subscription period submitter may buy a new subscription or delete images. If submitter has uploaded more images than allowed by his subscriptions FreePhotoMarket will remove submitters images accordingly to the number allowed by submitters subscription at that time.
c. Removed images will be available for download by customer for a period of two weeks after removal at a minimum.
6. Copyright infringement claims:
If the copyright, trade rights or other rights of submitted files are violated it is to the victim to take action to the violator of his or her rights. FreePhotoMarket will be no party in it and will play no role in it. The submitter indemnifies FreePhotoMarket for all of this. FreePhotoMarket recommends that submitter registers all of his submitted content for copyright protection, as such registration is a prerequisite to commencing an action for copyright infringement. More information on registering your work for copyright protection can be found at . http://www.copyright.gov/
7. Assumption of risk:
The customer expressly agree that the use of all images, files, or software distributed by FreePhotoMarket is at customers risk. It is of customers responsibility to assure that all necessary rights, consents, or permissions as may be required for use of any images are obtained. FreePhotoMarket does not warrant or guarantee that files or images on the Website are free from copyright or other intellectual property concerns.
8. Disclaimer:
The submitter is responsible for the correctness and completeness of all by submitter, to the website of FreePhotoMarket, submitted files and text. FreePhotoMarket does not have any responsibility for the content of submitted files or text.
9. Representations and warranties:
Submitter represent and warrant that:
a. you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
b. you are under no legal disability or contractual restriction that prevents you from entering into this agreement;
c. the Submitted Contents and all parts thereof are unencumbered and original works created by you and are capable of copyright protection in all countries where copyright or similar protection is available;
d. if the Submitted Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors and the like that are included in design programs (e.g., Photoshop, Daz, Illustrator) then the end user license agreement, terms of service or the equivalent license held by you does allow you to incorporate such elements in Submitted Content created by you, and to sell such Submitted Content at FreePhotoMarket.
e. the Submitted Content will be and remains in conformity with appropriate law – and legislation and,
in particular, is not or will not be in violation of public policy and commonly accepted values and standards. The submitted content won’t contain: offending or dishonourable material and/or judgements, elements which damage the privacy of third parties or which are embarrassing or obscene, or which will possible incite to offences or crime. Content which is in violation with this provision will be removed. If FreePhotoMarket observes content in violation with the statute book of criminal law of the Netherlands, FreePhotoMarket will inform justice and will hand over all material and other data to justice.
f. the Submitted Content does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;
g. there is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Submitted Content or which might in any way impair the rights granted by you hereunder;
h. you will not transmit unsolicited emails or engage in so-called "spamming" to publicize or promote your relationship with FreePhotoMarket or the sale of your Submitted Content
FreePhotoMarket represents and warrants that:
i. It has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder.
10. Indemnification:
a. FreePhotoMarket excludes every liability for any damage, direct and/or indirectly, including, but not restricted to; loss of data, breach of copyrights, hacking, on any manner arises by and/or resulting from the placed material on FreePhotoMarket.com, for any reason or by any cause.
b. You agree to indemnify and hold FreePhotoMarket, Inc., its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify FreePhotoMarket for all costs and expenses that FreePhotoMarket incurs in the event that you breach any of the terms of this or any other agreement with FreePhotoMarket.
c. Neither FreePhotoMarket or any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Image or Images.
11.Account usage:
You agree that you will not share your username and password combination. Your FreePhotoMarket username and password are to be used only by you. Each person that desires to access the FreePhotoMarket site must have his/her own username and password and must purchase a subscription. You may use your subscription on ONE COMPUTER in your office or home at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. We reserve the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information.
12. Applicable law/disputes:
a. All agreements to which these Terms and Conditions apply in full or in part are governed by Dutch law.
b. You may only submit claims in respect of or arising from agreements, to which these Terms and Conditions apply, to the competent Dutch Court in the territory in which FreePhotoMarket has its registered office.
c. Contrary to the provisions of paragraph 12.b, you and FreePhotoMarket may agree to submit any dispute to an arbitral tribunal, whose decision will be accepted as binding by both parties.
d. Any cases for which these Terms and Conditions do not provide will also be governed by Dutch law.
e. If and to the extent that any part or provision of these General Terms and Conditions is found to be contrary to any mandatory rule of national or international law, that part or that provision will be regarded as not having been agreed and these Terms and Conditions will otherwise continue to bind the parties.
13. Miscellaneous:
a. The relationship of the parties is that of independent contractors.
b. This agreement: (i) contains the entire understanding of the parties with respect to the subject matter covered herein and supersedes any prior agreements with respect to such subject matter; (ii) shall be governed by the laws of the Netherlands without regard to applicable conflicts of law provisions.
c. Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
14. Modifications:
FreePhotoMarket reserves the right to change any of the terms of this agreement at any time. If and when changes are made to these terms an announcement will appear on your login page. Please make sure that you read and understand all such changes. If you do not agree to these changes, delete your submitted files from FreePhotoMarket and do not submit or download files to or from FreePhotoMarket.
Effective 27 February 2008