SS SPV LLC d/b/a Bigstock (“Bigstock”) maintains the www.Bigstock.com website and Bigstock and Bigstockphoto branded sites (e.g., bigstockphoto.com, bigstockphoto.de, etc.) (collectively, the “Site”). Contributors may upload image, video, and/or other media files to the Site for the purpose of having Bigstock act as their agent for licensing image rights to Bigstock members and subscribers (all files uploaded by you to Bigstock are referred to herein as the “Content”).
By registering a content contributor account (“Contributor Account”), you agree to the following (the “Agreement”):
You agree to provide valid and accurate model releases for all Content you upload to Bigstock that, in Bigstock’s judgment, contains an identifiable face or identifiable human figure or other identifiable attribute. If you do not have a model release for an item of Content that depicts an identifiable person, Bigstock may choose to accept the uploaded Content for so-called "editorial use." 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 delivered to Bigstock with the uploaded Content. The submission of falsified, inaccurate or otherwise defective model releases is a material breach of this agreement and can result in the immediate termination of your account without prior notice. Model releases submitted by you shall not contain any terms inconsistent with this Agreement or any Bigstock Terms of Service.
You warrant and represent that:
You shall indemnify, defend and hold harmless Bigstock, its officers, directors, employees, partners, associates, affiliates, joint ventures, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of your warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys' fees and costs) incurred by Bigstock as a result of such breach or breaches. Bigstock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification, without affecting your indemnity obligations.
Bigstock shall not be liable to Contributor for any indirect, incidental, special or consequential damages, including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss arising from the submission or use of your uploaded Content or the termination of your Contributor account, even if Bigstock has been advised of the possibility of such damages.
You may terminate your Bigstock Contributor account at any time with or without cause by notifying Bigstock's support staff, subject to the limitation that any item of Content uploaded to the Site must be available for a minimum of seven (7) days. Bigstock may terminate your account at any time, for any reason or no reason. Accounts that are not accessed (logged into) for more than two (2) years may be deemed terminated at the discretion of Bigstock.
If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable by either party. To the extent any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overly broad or overly restrictive, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this paragraph is reasonable and necessary to assure that the intent of the parties is carried out.
The validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, and related matters shall be governed by the internal laws of the State of New York (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of New York in the County of New York or of the United States of America for the Southern District of New York, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
By using the Site, you hereby acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that this Agreement is the complete and exclusive statement of the understanding between you and Bigstock. Unless otherwise agreed to in writing in a separate signed agreement, this Agreement supersedes any proposal or prior agreement, oral or written, and any other communication between users and Bigstock relating to the subject matter of this Agreement.
In order to best provide its services, Bigstock reserves the right to modify these terms at any time and to notify you of modifications at the email address which you provided to Bigstock. If you do not agree with the changes, you may remove such Content to which you do not wish the changes to apply, or close your contributor account.
Effective November 4, 2014
Met liefde gemaakt in NYC.
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