|2.2 Artist agreement
The following is a legal agreement between a member ("You", "Provider") who provides photos and graphics ("Images") for the Stockxpert.com website ("Website") and the Website's owners and operators, HAAP Media Ltd. ("Stockxpert", "We") which governs the uploading of Images. By filling out an artist application form and becoming an Image Provider You agree to be bound by the terms of this Agreement. If You do not agree with these terms, terminate this Agreement and remove your Images immediately.
Both parties acknowledge that from time to time the Provider may upload photographs or graphics to the Website, and Stockxpert will screen these uploads to see if they are suitable for distribution. The policies behind this procedure are described in the Selling images section of the Help.
The Provider authorizes Stockxpert to be his/her non-exclusive agent that licenses royalty free Images to third parties based on the terms that can be found the Image License Agreement. In addition to this, the Provider allows Stockxpert to use, distribute, publish sell and sublicense these Images to affiliate and 3rd parties. The Provider also acknowledges that these images may be used for promotional purposes for the Website or the online gallery of the Provider.
The Provider acknowledges that Stockxpert does not allow the upload of Images that infringe on any copyright, property right, trademark or any other applicable right. You are solely responsible for the Images You upload. You warrant that You own all proprietary rights regarding the Image, and as for Images depicting identifiable persons that You have a valid, legal and signed Model release from those parties that You must upload alongside the Image. Stockxpert reserves the right to reject any Image depicting people that does not have a corresponding Model release.
We also reserve the right to remove any approved Image at any time if We believe it's defective, of poor quality or infringe on any right. Serious copyright infringement issues such as uploading Images found on other stock photography sites result in the termination of this Agreement, the termination of your membership, and possible criminal prosecution.
Stockxpert agrees to pay a certain amount of commission to the Provider based on the amount of your Image downloads. The commission rates can be found at the Sellimg images section of the Help. Stockxpert reserves the right to change the commission rates without notice. You acknowledge that You can retrieve your earnings only after they have reached $50. Stockxpert does its best to process your payment requests within 3 workdays.
Both parties can terminate this Agreement for any reason with a written notice and proof of identity. Upon termination Stockxpert agrees to remove Your Images from the Website and to send You your remaining earnings from your balance.
Stockxpert shall use reasonable efforts to have your Images removed from the websites of any Stockxpert affiliates (including co-branded websites) within ninety (90) days of the removal of your Images from the main Stockxpert website. Any licenses issued by Stockxpert in respect of any your Images that are later removed from the Stockxpert website will remain in full force and effect.
You acknowledge that if your membership account was also terminated by Stockxpert because of copyright infringement or other kinds of serious - or even malicious - acts, your earnings and download credits will be confiscated.
You agree to indemnify, defend, and hold harmless Stockxpert 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 Image, 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.
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. STOCKXPERT 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.
STOCKXPERT 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.