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DubiStock - Over 30 Million Stock Images

Seller Agreement

 

This is a legal agreement between the Content Contributors and Dubistock Company L.L. C.

This Agreement applies to all Content Contributors who supply the content to Dubistock.com.

 

1. Concepts and Definitions

 

1 - The term 'Content' means digital assets, whether in the form of images, or photographs or graphics, video footages.

2 - The term 'Content Contributor' means any individual who accepts this agreement and passes successfully the process of verifying the identity in accordance with Clause 3, and is approved by the Dubistock for uploading the content to the servers of Dubistock.Com.

3 - The term 'Commission' means the due amount paid to the contributor for the content due to the sub- license of the content uploaded (and owned by) the contributor according to the commission currently approved.

4 - – A model's permission is the document which states the conditions under which one party can use the captured images to another party.

5 – The owner's permission is the document which states the conditions under which one party can use the photos taken to the property of another party.

6 - PayPal (www.paypal.com) is a system based on opening accounts; it allows anyone who has an email address to send and receive payments securely online using his / her credit card or bank account.

7 - MoneyBookers (www.moneybookers.com) is one of the tools on the Internet, which allows anyone to send and receive money safely via e-mail using a credit card, debit card and bank accounts.

 

2. Delegation of Authority

 

1 - Under this Agreement, you agree to make Dubistock a non-exclusive distributor of your uploaded items, and authorize it to license the content you own for other parties within the scope of the work of Dubistock.

2 - You give Dubistock the rights to use, re- use, reproduce, distribute, publish, re-publish, upload, broadcast, transfer, print, crop parts, and display the content package to prospective customers by any marketing means or promotional channel that you deem appropriate.

3 - You give Dubistock the right to hire the services of distributors within the scope of the work of Dubistock while working on licensing and marketing the content that you uploaded.

 

3. Definition of Contributor

 

A. The content Contributor is required to provide a valid way to identify his identity to Dubistock site during account creation.

B. Acceptable means of identification are the following:

  • 1. Passport
  • 2. Identity card
  • 3. Driving license
  • 4. Certificate of Incorporation (companies and organizations)

 

C. Dubistock Company has the right not to do the following:

  • Transfer due payments to Contributors while securing a valid means of identification.
  • Start or continue to review and approve the content provided by the contributor until a viable means of identification is secured.

 

D. Privacy of personal information:

  • Dubistock shall not lease, sell or exchange any personal information about contributors with any other party.
  • Dubistock reserves the right to disclose personal information of any contributor if requested to do so by law, or in good faith if it believes that such action is necessary in order to comply with legal procedures, or in response to legal proceedings, or to protect the rights, property and safety of our organization, our staff, our customers, or our public.

 

E. The privacy and security of personal information:

  •  Dubistock accepts personal identification documents only through a safe uploading process from inside Dubistock Site.
  •  Dubistock will take all security measures and preventive protocols necessary and reasonable to ensure that all documents relating to the contributors, which are used to verify their identity, will remain unknown to any other unauthorized party.

 

4 - Publishing Permit

 

1. As a contributor to the content, it is your duty to agree to provide a permission from the model and / or property owner for each image you upload which contains a known face or person who can be identified.

2. Dubistock will not accept any content that shows people who can be identified, unless accompanied by a permission of publication, with the exception of non-advertising content (Editorial).

3. You are solely responsible for maintaining complete and accurate records of publishing permits (from models and property owners) and provide these permits while uploading images.

4. Contributors who submit false or incorrect publication permits are at risk of ending their accounts and taking legal action against them if Dubistock customers raise any case due on account of invalid or inaccurate permits.

5. Dubistock reserves the right to verify the publication permit documents of model and property photographs, and to provide these documents to customers who ask for services of verifying the existence of these permits. In such a case, Dubistock will ensure that the personal information of the model will remain private and undisclosed.

 

5 - The Right to Reject the Content Uploaded by Contributors

 

1. Dubistock reserves the right to refuse any content for any reason.

2. Dubistock also retains the right to refuse to approve any account for any reason, including fraudulent downloads, the presence of obscene material, or material that shows anyone in undesirable conditions.

 

6 - The Right to Remove the Content Uploaded by Contributors

 

1. Dubistock reserves the right to remove any content that has been previously accepted for any reason.

2. This includes, but is not limited to, the content that we decide that it is not suitable for Dubistock.Com, the content that we believe that it is not associated with a publication permit from the model or property owner, or the content that we consider unsuitable for Dubistock Site.

 

7 – Payment of Money to Contributors

 

1. Dubistock pays contributors on the basis of the structure of the commissions set forth in our Dubistock.Com Commission Structure page. All amounts are to be paid in U.S. dollars.

2. Contributors' accounts will be updated first hand, i.e. at each paid download performed by a subscriber for a content uploaded by the contributor, but the total amount owed ​​will not be displayed before the fifteenth of each month.

3. Dubistock will process all due payments by the fifteenth of each month.

4. The amounts due will be sent and the associated data to contributors on a monthly basis. Payment is made in an automated manner, there is no need to be requested by the contributor.

5. Minimum payments:

1. Via PayPal: The minimum payment is $ 50.

2. Across Moneybookers: the minimum payment is $ 100.

3. by checks: The minimum payment is $ 200.

 

If we find, during the period of payment, that contributor did not accumulate the minimum rates of payment, as mentioned above, the payment will be postponed to the next pay period. Our default payment method is through checks, which will be delivered to the address listed in the profile of each contributor. If the contributor wishes to receive his / her payments via Paypal or Moneybookers, he must state this in the profile settings after login or while creating the account for the first time.

 

6. Cancellation of the account and the remaining amounts:

If you cancel your account before your credit reaches the minimum level of payments, the amount will be confiscated.

 

7. All payments will be transferred with delay of two weeks of the month in which the credit reaches the level of payment to the contributor. For example, if the total of a contributor's commission before the end of February reaches $ 100, then Dubistock will pay the amount of $ 100 maximally in the third week of March.

8. The payment of commissions is scheduled to be made on the third of each month. Dubistock reserves the right to modify the commission rate and / or payment and / or the schedule for delivery of payments at any time, and contributors will be notified by e-mail about the change.

9. Payment by check may take up to one month, because this process and the subsequent delivery to eligible contributors take some time.

10. Refunds to customers and amendments:

  •  Downloads associated with deducting the costs of credit card payments, and refunds to customers, will be taken from contributor profits.
  •  Money will be returned to customers only after receipt by the site of documents signed by the customer indicating that he / she will spoil any image downloaded from Dubistock.Com Site and that the images will never be used in any way.

 

8. Fraudulent Downloads and Violations

 

1. It is not allowed to register for subscription to Dubistock or credit package to download your photos.

2. You may not, nor anyone from your direct or extended family, download your photos in order to create profits for you.

3. All a contributor's profits will be confiscated if is discovered that the contributor magnifies downloads or misuses the system.

4. If a contributor's account is terminated for any reason, they must obtain permission from Dubistock to subscribe to another account.

5. The repetition of violations will lead to a lifetime ban on the contributor.

 

9. Exclusive and Non- Exclusive

  • Contributors' contribution with pictures is non-exclusive, which means that they may submit their images to other sites or image-selling houses.
  • Agreement can be reached to make certain images exclusive to the Site, and this raises the commission rate.
  • However, contributors can continue to sell their pictures to other companies, except for images which have chosen to make exclusive to Dubistock Site in case there is such an agreement.

 

10. Compensation for damage

  • Dubistock reserves the right to modify these terms at any time, and will notify contributors of amendments by e-mail.
  • Dubistock shall not be liable for any damages, including actual, indirect, special damages, or those resulting from the provision or use of your content.
  • You agree to fully defend Dubistock, compensate it and compensate its employees, board members, administrators, anyone else associated with Dubistock, and all their successors, those authorized by them, and those to whom it waives its property, free of charge and without prejudice, in all cases, obligations, costs, losses, damages, or expenses, including attorneys' reasonable fees and expenses, resulting from the breach of the safeguards that you agreed to in Article 11: Copyright and Guarantees.

 

11. Copyright and Guarantees

 

1. You agree to follow and abide by the Guidelines for Submitting Content for Dubistock Site (details exist within the area of submission by contributors). The repetition of submission of materials that do not meet the terms and conditions contained in the instructions for submitting content may lead to termination of the account.

2. When you use this site, and / or register for an account, you warrant that you are eighteen (18) years old or older, and you have the legal capacity to enter into this agreement and abide by it.

3. The rights to publish images belong to the contributor who uploaded them, and our role is just to provide a platform for marketing and selling these pictures for the benefit of the contributor.

4. You guarantee that the images or graphics that you submit to be sold, in the form of free license and commercial commission, are free from any trademark or logos.

5. You ensure that the materials you submit do not infringe upon copyright, trademark, intellectual property rights, or the privacy of any party whatsoever.

6. You ensure that the materials you submit are associated with proper and valid publication permits from models, for the content that contains identifiable faces.

7. You ensure that the materials you submit are associated with proper and valid publication permits from property owners that require permits for publication.

8. You ensure that the material provided by you do not contain any sensitive topics, such as child abuse or exploitation, violation of privacy, pornography, immoral nudity, or elements of discrimination between human beings on the basis of race, religion or creed.

9. You warrant that you are responsible for income taxes and all tax returns required in your country of residence. We do not take any responsibility for any of the tax issues related to commissions paid to you.

10. You ensure that all information, documents and identification indicators submitted during registration are true and accurate and not misleading.

11. You undertake that you only will use your account at all times, and to take all necessary steps to ensure that no one else will use the account. Any violations of this, with the resulting losses and damages, will be at your own risk only.

 

12. Duration and Termination

 

1. The contract period: This agreement is valid until termination. Either party may terminate this Agreement by giving written notice to the other party thirty (30) days in advance.

2. Immediate termination: Either party may terminate this valid Agreement immediately upon receipt of the notification in the following cases:

1. If either of the two parties becomes insolvent or subject to bankruptcy.

2. If either of the two parties petitions bankruptcy.

3. If either of the two parties forms a breach of this Agreement by violations relating to infringements of copyright or intellectual property.

3. Continuing rights: The termination of this Agreement will leave certain rights unaffected: It will not affect any license for the content granted to any subscriber who paid for the license before termination. These licenses will continue to be valid and fully effective according to their terms.

4. The effect of termination: After a reasonable time from the termination or expiration of this Agreement, Dubistock will delete all the digital files that represent the images it has accepted, and will pull the possibility of finding such files when searching and licensing from all databases and distribution stores. Nevertheless, Dubistock may retain the digital files that exist in its backup files for a period of ninety (90) days after termination. Dubistock reserves the right to pursue and close the transactions that are started before the termination of the agreement, and to close sales before the next date of payment of compensation. All commissions payable to contributors as a result of the sale will be paid in full.

5. Outstanding Commissions resulting from termination: Dubistock may decide ending the account of one of the contributors, and then reserves for itself the right to set-off, confiscate, or freeze, all or part of the commission payable to any contributor if there is any distortion in the material provided with respect to security, capacity, submission of identity, or the ownership of the copyright to the content as shown below.

13. Judicial Aspects

1. This Agreement constitutes the entire agreement between you and Dubistock with respect to the subject matter hereof. If it happens that any provision of this Agreement shall become void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be organized so as to give effect to the parties' intentions. Dubistock failure in the implementation of any clause of this Agreement should not be considered a waiver of its future implementation or the implementation of any other clause. The interpretation and implementation of this agreement is subject to the provisions of international treaties and other applicable laws.

2. This agreement has been originally drafted in English, and later translated into other languages. The accuracy of the subsequent translations cannot be guaranteed. In the event of a conflict between the English language version and any version in another language, the English language version shall have precedence.

14. Once you sign this agreement to create a contributor's account, you acknowledge thereby that you have read and understood the agreement, that you were given the opportunity to seek legal advice before signing, and that you agree to comply with and abide by the terms and conditions set forth in this Agreement.