Please read this Agreement carefully before uploading any data to the Scandinavian StockPhoto website.
1) Legal Contract
This is a legal agreement between Scandinavian StockPhoto (also sometimes referred to herein as ScanStockPhoto), and any member intending to upload data onto the ScanStockPhoto.com website (the "Supplier"). By uploading a photograph, illustration, video or audio file or code snippet ("Data File", also sometimes referred to herein as “the Content”) the Supplier understands that he/she understands, and has agreed to be bound by the terms of this agreement.
2) Trademarks and Copyright
You, the Supplier, acknowledge that Scandinavian StockPhoto can prohibit any data file and / or any other material that infringes on any trademark, copyright, trade secret, right of privacy, any patent, right to publicity or any other applicable law or property right to be uploaded to this (ScanStockPhoto.com) website, or choose to make the data file available for editorial use only.
3) Proprietary Rights
You, the Supplier, warrant that you own all proprietary rights. This including copyright to the Data File. In the extent that the data file(s) contain(s) (an) image(s) of recognisable people, you warrant that you have obtained a model release. You can either use the ScanStockPhoto Model Release Form or a model release in substantially the same form. Your Model Release must be uploaded together with your picture (or sent by e-mail), in order get the image accepted by ScanStockPhoto.
4) Non-Exclusive Licence
By uploading any data you, the Supplier, grant Scandinavian StockPhoto a non-exclusive licence to post the Data File on its website, located at ScanStockPhoto.com, and further grant Scandinavian Stock Photo a right to sub-licence such Data File to members and customers of ScanStockPhoto.com. This in accordance with the terms of the Scandinavian Stock Photo Royalty Free End-User Licence Agreement, a copy of which you acknowledge understanding and agreeing to.
5) Removal of Data File
You acknowledge Scandinavian Stock Photo’s right to remove the Data File (s) from its website, located at ScanStockPhoto.com, if there is no or only a limited interest to download the Content by ScanStockPhoto’s members and / or customers.
No title, copyright or intellectual property rights is transferred or granted in any way to Scandinavian StockPhoto or any third party. The Parties agree that all rights in, and to the uploaded Data Files, shall be retained by the Supplier.
7) Compensation to Photographers
Photographers are compensated as a portion of the fees collected from the buyers. The current compensation to photographers can be found under "Forums/Articles/Payment for Photographers". The parties agree that the compensation rate may be amended by Scandinavian StockPhoto if required by reasonable business objectives.
You, agree that Scandinavian StockPhoto shall NOT be liable for any damages caused by the use of or inability to use, the Data File.
You acknowledge the responsibility for any challenges from any third party regarding copyrights in and to the Data File.
You agree to indemnify, defend and hold Scandinavian StockPhoto harmless from any claims in connection with any breach of your, warranties which are contained in this Agreement.
You agree to be responsible for, and pay any taxes (of all kinds) imposed by any jurisdiction as a result of any payments provided to you by Scandinavian StockPhoto as a result of (a) Data File (s) being downloaded by any of ScanStockPhoto’s members or customers.
12) Software Viruses
You warrant that, to your knowledge, the uploaded Data File(s) do not contain any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or harm computer equipment or software programs, and recognise Scandinavian StockPhoto’s right to terminate your membership and / or terminate your right to upload any Data File if infected (a) Data File(s) are / is uploaded.
13) "As Is"
The Data File(s) is supplied “as is”.
This agreement will be governed by the laws of the Kingdom of Norway. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute regarding these legal agreement shall be governed, which each of the parties hereby do expressly submit and accept, by the exclusive jurisdiction of the Kingdom of Norway’s courts located in Oslo, Norway, regardless of conflicts of laws.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT, 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 CONTRACT BETWEEN YOU AND SCANDINAVIAN STOCKPHOTO DA, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR CONTRACT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND SCANDINAVIAN STOCK PHOTO DA RELATING TO THE SUBJECT OF THIS CONTRACT
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