BigStockPhoto.com Terms of Service
Member & Photographer Contributor Agreement
ESSENTIAL INFORMATION PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE and ITS PRODUCTS.
BigStockPhoto maintains a website site, www.BigStockPhoto.com (“Website”), to which registered users (“Members”) can browse and purchase and license image files. Should they choose to do so, said Members can also elect to become content contributors (“Photographers”), which allows said Photographers to upload image files for the purpose of allowing BigStockPhoto to act as agent for licensing image rights to other users. By registering with BigStockPhoto, Member agrees to the following:
1. Consent.
You must be at least 18 years of age to register with BigStockPhoto to provide content. BigStockPhoto may require that you provide sufficient proof that you are at least 18 years of age. Minors can become members only by having their parent or legal guardian register on their behalf. By opening such an account, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement.
2. Member Warranties and Responsibilities.
(a) Registration. Member warrants that he or she has provided BigStockPhoto with accurate, complete, and current registration information at the time of registration and agrees to correct and update that information to ensure its accuracy and completeness at all times.
Falsification of accurate registration information, or failure to comply may result in loss of account, commissions, services or privileges provided by BigStockPhoto.
(b) Account Responsibility. All members who register online for BigStockPhoto will receive a password and a master account ("Master Account"). Member is entirely responsible for any and all activities conducted through the Master Account and any Member names associated with that Master Account. Member may permit another individual to use the Master Account subject to Member’s supervision and assumption of all resulting liabilities. Member agrees to notify BigStockPhoto immediately of any unauthorized use of Member’s password or accounts as well as of any other breach of security.
(c) One Account Per Member: Members are limited to one account, unless there is a pressing business or organizational reason for having more than one account. Members may not create additional accounts for the purpose of re-using promotional codes, affiliate program referrals or other bonus offers in a manner not intended. Promotional codes and offers are intended as one per Member unless otherwise noted.
(d) Member Names. Upon registration as a Member of BigStockPhoto, you may be asked to choose a Member name to identify yourself to other Members and BigStockPhoto staff. You may not select or use a Member name of another person (unless it is also your name), or a name that violates any third party's trademark or other proprietary right, which is or may be illegal to use, which may cause confusion with respect to the person’s identity or association with other entities, or which BigStockPhoto deems in its discretion to be vulgar or otherwise offensive. BigStockPhoto reserves the right to delete any vulgar or otherwise offensive Member name, or to require the deletion thereof.
(e) Former Members. Members whose accounts have been terminated by BigStockPhoto may not access BigStockPhoto in any manner or for any reason without the express written permission of BigStockPhoto. Active Members may not knowingly allow former Members who have been terminated to use the active Members' accounts.
(f) By uploading content such as image files, Member warrants that he or she is the owner of the copyright thereto.
(g) By uploading content, Member warrants that the content does not depict subject matter in a manner that violates any laws or individual rights.
(h) By uploading content, Member warrants that the uploading was not done with the intent to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity.
(i) By uploading a model release or otherwise representing that subjects depicted in an image file have consented to publication for whatever purpose, Member warrants that the information is complete and accurate.
3. Image Credit Expiration and Refund Policy
Image credit purchases are non-refundable. In the event that a refund is made, there will be a $10 processing fee assessed due to costs levied to BigStockPhoto.com by the banking and credit card institutions.
Image credits expire one year after date of purchase.
Photographer and Content Contributor Terms:
4. Uploading Content and Rights for Photographers
By uploading content such as photograph image files, Member agrees to give BigStockPhoto and all users the irrevocable nonexclusive royalty‑free rights to use the content for any purpose including publication, display, modification, and creation of derivative works, or products. Member also grants BigStockPhoto use for any and all promotional purposes. BigStockPhoto has the right to license any content up until the time Member removes the file from the Website. Once submitted to the Image Approval Queue, Member may not remove images from site until after they have been posted for 90 days, regardless of whether the Member chooses to terminate their account. Once content is uploaded to the Image Approval Queue, Member must allow BigStockPhoto the opportunity to license uses for at least 90 days.
5. Compensation.
BigStockPhoto will pay Member the designated fee for Photographers described on the Website or by separate schedule for each valid download of an image file by a user. In the event that the fee described on the Website is different from that set forth in a schedule, the most current fee rate shall apply.
Photographers may request a payout when their account reaches $50 via Paypal or Moneybookers. Closing your account before it reaches $50 or breaking any terms or rules of this Member agreement can result in forfeiting your earnings. Commissions are payable after a short grace period noted on the website to verify that downloads are valid. Photographers who wish to receive a check must have at least $50 in earnings.
6. Copyright.
Members retain all copyright that they own to uploaded images. Member may not upload content to which they do not own the copyrights.
7. Resale of Images.
Photographer may elect to participate in BigStockPhoto reseller program whereby limited partners resell images from BigStockPhoto on other websites and through other channels. Photographers can opt-out of the reseller program at any time. Opting-in or opting-out of the reselling program may take up to 7 days to take affect. Participating in the program increases your ability to earn commissions on your images. Commissions will always be at least what BigStockPhoto pays for BigStockPhoto web site sales, and in many instances can be greater.
8. Affiliate Program
The BigStockPhoto Affiliate Program is intended to allow current Members to refer new members to BigStockPhoto. The BigStockPhoto Affiliate Program is not to be used as a method for discounting your own purchases. Misrepresentations or fraudulent uses of the BigStockPhoto Affiliate Program other than described herein may result in loss of services, commissions or other account priviledges.
9. Indemnification
Member shall indemnify, defend and hold harmless BigStockPhoto, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) and damages in consequence thereof. BigStockPhoto reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse Member’s indemnity obligations.
10. Control of Operations
(a) BigStockPhoto, in its sole discretion, may remove any content uploaded to the Website including that appearing to infringe the intellectual property rights of other entities.
(b) Member Privacy.
BigStockPhoto may access and disclose any information about Member, Member’s accounts, or any content Member provide to the Website if BigStockPhoto believes in good faith that such action is reasonably necessary to enforce this Agreement, its copyright policy, to comply with the law and legal process, including suspected intellectual property or copyright violations, to operate its systems properly, or to protect or defend itself, its members, or users from legal liability.
(c) BigStockPhoto reserves the right, but does not assume the responsibility, to restrict conduct which BigStockPhoto deems in its discretion to be harmful to individual members, damaging to the communities that use BigStockPhoto, or in violation of BigStockPhoto's or any third party's rights.
11. Disclaimers
(a) BigStockPhoto expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non‑infringement of third party rights, and those arising from a course of dealing or usage of trade.
(b) BigStockPhoto makes no warranty with respect to any legal advice or information regarding proper legal use of any image. Nothing on this website is intended as legal advice and BigStockPhoto makes no claims or warranties as to the validity or correctness of any information that Member may assume is correct legal information or advice. Members are responsible for consulting their own attorneys to determine fitness of images for particular purposes. Member agrees to hold harmess BigStockPhoto regarding any claims arising from matters of legal usage of images.
(c) BigStockPhoto, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through BigStockPhoto. From time to time, the porting of particular content may not be feasible and BigStockPhoto may remove any such content from the Website without any liability to Member. Members are responsible for assessing their computer and transmission network needs, and the results to be obtained therefrom.
(d) BigStockPhoto assumes no responsibility for any actions or liabilities arising from the possession or use of images, files, or software obtained from BigStockPhoto.
(e) BigStockPhoto makes no warranty that service will be uninterrupted, timely, secure, or error free. BigStockPhoto makes no warranty as to the use or the results that may be obtained from the use of BigStockPhoto.
(f) BigStockPhoto makes no warranty with respect to any related software or hardware used or provided by BigStockPhoto. Any patent, copyright, trademark, trade secret or warranty issues, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
12. Limitation of Liability
Member acknowledges that BigStockPhoto shall not assume or have any liability for any action taken by BigStockPhoto or its affiliates and licensees with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to, negligence, BigStockPhoto shall not be liable to Member 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, even if BigStockPhoto has been advised of the possibility of such damages, in connection with BigStockPhoto or with any other product or service provided by BigStockPhoto, or resulting from the use of or the inability to use the Website or any transaction entered into through or from BigStockPhoto, or from unauthorized access to or alteration of your transmissions, data, or account. Member specifically agrees that BigStockPhoto is not responsible or liable to Member or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy.
13. Termination
Either you or BigStockPhoto may terminate your account with BigStockPhoto at any time with or without cause. Your only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of BigStockPhoto in operating BigStockPhoto, (ii) content available through BigStockPhoto or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your account with BigStockPhoto by notifying BigStockPhoto Member Support of your desire to terminate by e‑mail. As noted above in Section 3 "Uploading Content and Rights", any photos that have been approved and posted on BigStockPhoto for less than 90 days must first meet the 90 day eligibility requirement before they can be removed, regardless of when Member chooses to terminate their account. In the event that your account is terminated due to impermissible conduct or fraud, Member agrees that access to BigStockPhoto services, accounts, and commissions earned may be forfeited.
Accounts that are not accessed (logged into) for more than 2 years may be deemed terminated at the discretion of BigStockPhoto if reasonable efforts have been made to contact Member via the contact information contained in the Member account. Accounts that have been deemed terminated are subject to loss of services, so it is important to keep your account contact information up to date.
14. Impermissible Conduct
Member may not upload content which is unlawful and agrees to use BigStockPhoto only for lawful purposes. Member may not post to or use BigStockPhoto to transmit sexually explicit images or other content which is deemed by BigStockPhoto to be generally offensive to the public or harmful to minors. Any conduct by Member that in BigStockPhoto's sole discretion restricts or inhibits any other Member, person or entity from using or enjoying BigStockPhoto or another service will not be permitted and shall give BigStockPhoto the right to terminate the membership without notice. In the event that your account is terminated due to impermissible conduct or fraud, Member agrees that access to BigStockPhoto services, accounts, and commissions earned may be forfeited.
15. Severability
If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
16. Arbitration, Attorney Fees, and Jurisdiction
A material part of this Agreement is that you agree to arbitrate any and all disputes arising out of, under, or in connection with this Agreement including without limitation, its validity, interpretation, performance, and breach. Such disputes shall be submitted to arbitration in Sacramento, California pursuant to the California Arbitration Act (Code of Civil Procedure sections 1280–1288.8) and the Federal Arbitration Act (9 U.S.C. sections 1–14) in effect at the time arbitration is demanded. You agree that the prevailing party shall be awarded all costs of bringing a claim, including reasonable attorney fees and the ordinary costs and expenses incurred in resolving the dispute. You agree that all claims shall be brought in California. This Agreement shall be interpreted under the laws of the State of California.
17. Entire Agreement
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and BigStockPhoto, which, excepting BigStockPhoto Special Licensing agreement(s) you may have also signed, supersedes any proposal or prior agreement, oral or written, and any other communication between you and BigStockPhoto relating to the subject of this agreement.
18. Revision of Agreement
BigStockPhoto may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Website. You agree to review the Agreement prior to the uploading of an image to make yourself aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership by notifying BigStockPhoto Member Support of your desire to terminate by e‑mail. Your notice of termination will be effective upon return receipt or notification by BigStockPhoto.
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