MEMBERSHIP AGREEMENT FOR MOSTPHOTOS.COM

Please read this agreement carefully before deciding to use the services of Mostphotos, at www.mostphotos.com (hereinafter refered to as “THE SITE”). It is very important for the contractual relationship you will be a part of. By clicking the button below, you have accepted the binding rules for use of the services provided by Mostphotos. If you are under 18 years of age, you must have gained permission from your parents (or equivalent) before entering into this agreement.

1. Registering for membership

1.1. This agreement regulates the relationship between the provider of the services available at THE SITE, Mostphotos AB, Kopparbergsvägen 8, 722 13 Västerås, Sweden, (hereinafter refered to as MOSTPHOTOS) and the provider of content to the service made available through a membership (hereinafter referred to as “MEMBER”), to offer content to any purchaser (herreinafter referred to as the “USER”). By completing the registration procedure, the subject is considered as being a MEMBER and must abide to the following rules as accepting this agreement in its entirety. By entering into this agreement MEMBER is also bound by applicable provisions of INFORMATION FOR THE USE OF MOST PHOTOS. In the event of conflict between MEMBERSHIP AGREEMENT FOR THE USE OF MOSTPHOTOS and LICENSE AGREEMENT FOR THE USE OF MOSTPHOTOS the previous agreement shall prevail.

1.2. The MEMBER assures that he or she has the legal capacity, or consent, to enter into an agreement, which creates legally binding obligations and will answer to use of the services provided by MOSTPHOTOS. The MEMBER shall answer to all obligations that follow with a use of the services, including, but not limited to, misuse or unauthorized use of MEMBERS account. In the event that person using the services does not hold the appropriate age for entering into legally binding agreements, it is expected that the person gains permission from its parent (or equivalent), regarding use of the service under the hereby established provisions.

1.3. The MEMBER shall provide MOSTPHOTOS with current, true, updated and complete information regarding name and contact information in the registration procedure. More than one account by one MEMBER is not permitted. Any MEMBER found registering more than one account or creating false accounts to improve contest winning odds, or for any other reason, may be have its membership terminated without prior warning. The MEMBER must also keep it´s information current, true, updated and complete throughout the duration of the membership. 1.8. By completing a purchase on THE SITE the USER is to be considered a part of this agreement and accepting its terms in its entirety and without limitations. MOSTPHOTOS reserves the right to amend and change this agreement at any time. Information on such amendments will be communicated when possible. It is the responsibility of the MEMBER to stay informed on such amendments or any changes to this agreement or agreements connected therewith.

1.4. The MEMBER is obligated to keep its password secret and secure in order to minimise the risk of unauthorized use by others. All actions taken by means of use of MEMBERS account make the MEMBER who is holder of the account fully responsible.

1.5. By entering into this agreement, the MEMBER accepts the administration of its personal information. The MEMBER hereby accepts the use of the information for relevant purposes. By entering into this agreement the MEMBER is considered to have accepted administration such as, but not limited to, storage and treatment of information related to the MEMBER in accordance with laws and regulations in order to facilitate the administration of its membership with MOSTPHOTOS.

1.6. The term ”IMAGE” in this agreement covers all types of graphic presentations, regardless of how produced, reproduced and regardless of the technique, for purpose of this agreement and the services provided by MOSTPHOTOS.

1.7. By registering for membership, MEMBER is allowed access to MOSTPHOTOS services regarding uploading and storage of IMAGES at MOSTPHOTOS, for making available and marketing of IMAGES to a third party.

1.8 MEMBER understands and agrees that MOSTPHOTOS or its authorized agents may collect and maintain the personal information entered by the MEMBER and/or USER, including but not limited to:
• First and last name
• Gender
• e-mail address
• Birth date
• Telephone number
MOSTPHOTOS takes technical and organisational measures in order to protect all personal information. Information given is used for administrational purposes and will not be transfered for any uses not connected with the interests of MOSTPHOTOS.

2. Obligations following registration

2.1. Every MEMBER is wholly and fully responsible for all material that the MEMBER transfers to, uploads or makes available by means of the service and the MEMBER’s account or in any other way.

2.2. It is strictly forbidden to make available any IMAGE of a pornographic, racial, hateful, harassing or in any other way of abusive nature. MOSTPHOTOS holds the final decision as to what is to be considered as such material and its decision is final and cannot be appealed. Every kind of making available of such IMAGES may result in legal enforcement and the abolition of all rights connected with the services provided by MOSTPHOTOS, including banning for future membership and use of its services.

2.3. MEMBER is not allowed to, under any circumstances, make available IMAGE(S) to which MEMBER does not hold all rights. An IMAGE may be regarded as a copyright protected work, as well as a photographic work. Under both these regimes, any potential rightful owner of the right must have given its consent to its making available on MOSTPHOTOS. This also involves contributors whose contributions are visible in the IMAGE without taking the IMAGE themselves. In addition, reproductions of actual objects visible in the IMAGE may require consent of its right holders. The MEMBER is solely responsible for acquiring every such consent necessary prior to any making available of IMAGES of such nature.

2.4. MEMBER is not allowed to, in any way, act in a destructive manner by means of unmotivated grading, offensive criticism, offensive or wrongful comments or in any other way disseminate offensive contributions. MEMBER is not allowed to disseminate marketing, spam or unsolicited material to members of MOSTPHOTOS.

2.5. MOSTPHOTOS reserve the right to exclude and remove IMAGE(S)and also modify contributions in forums and critiques of IMAGE(S).

2.6. MOSTPHOTOS is not able to accept any responsibility for any MEMBERS tax-declarations regarding IMAGE(S) sold or any other form of remuneration connected to services provided by MOSTPHOTOS.

2.7. MOSTPHOTOS will receive a commission of up to 50% of the price on every IMAGE that is sold using the provided service or sale in connection therewith.

2.8. The price, is the price given at the point of sale.

2.9. No taxes or fees of any kind connected with the use of the services on THE SITE is to be covered by MOSTPHOTOS.

2.10. MOSTPHOTOS reserve the right to terminate a membership and/or block a MEMBER without stating the reasons therefor.

3. Model releases

3.1. All IMAGES that a MEMBER uploads must be followed by a ”Model release”, consisting of a signed document where the subject/subjects represented in the IMAGE gives its/their consent for the photography to be used and sold. Each and every one being seen in an IMAGE is to be considered a model and each IMAGE that contains a person or persons whose face or body is visible must be followed by a model release. The same requirement may be applicable for certain types of property. If you do not have a model release for an IMAGE, we urge you not to upload the IMAGE.

3.2. MOSTPHOTOS is not able to accept any responsibility or obligations of any form regarding MEMBERS model releases, copyright infringements or other wrong doings of any kind.

4. Security and Disclaimer

4.1. MOSTPHOTOS is acting at the fullest of its abilities to avoid data getting lost. In the eventuality of system failure and possible non-reparable loss of digital IMAGES on MEMBERS account, MOSTPHOTOS is not able to accept any liability for any loss or damage resulting from such system failure. MEMBER is obligated to keep back-up copies of material forwarded to MOSTPHOTOS. In the event of system failure, MEMBER will be provided the opportunity to upload any material being affected by such loss of data.

4.2. MOSTPHOTOS is acting at the fullest of its abilities to keep the provided service free from destructive activities, trespassing and criminal activities. In the event of manipulation of a MEMBERS account caused by any third party, MOSTPHOTOS cannot accept any responsibility related to losses of any kind. MOSTPHOTOS recommends all its MEMBERS to collect any funds from its account on a regular basis.

4.3. MOSTPHOTOS is not responsible for any losses resulting from, but not limited to, virus or malfunctions that might be connected to the provided service.

4.4. MEMBER may not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm the services provided by MOSTPHOTOS or its MEMBERS in any way.

4.5. By entering into this agreement MEMBER accepts that it may not hold MOSTPHOTOS responsible for any damages, losses, costs, infringements of intellectual property or any other occurrence or on any other ground.

5. Intellectual Property

5.1. All intellectual property rights connected with the services provided by MOSTPHOTOS, such as, but not limited to, copyrights, designs, trademarks shall always stay with the provider of the service and not be used without its written consent. All types of infringements will be enforced.

5.2. The IMAGES displayed as previews do not hold any kind of markings. The resolution of these IMAGES is low and MEMBER is aware that these IMAGES may be downloaded by other MEMBERS and visitors. If it is brought to the attention of MEMBER that an IMAGE is being used without prior consent, MEMBER may under current laws enforce such misuse. MOSTPHOTOS can however not in any way participate or contribute with any kind of support in the event of infringement.

5.3. The MEMBER agrees to the terms of use by the USER as stipulated in
the LICENSE AGREEMENT FOR THE USE OF MOSTPHOTOS regarding “EXCLUSIVE BUYOUT” and “ROYALTY FREE” IMAGES. The copyright stays with the MEMBER unless otherwise negotiated between the parties by means of written agreements. All IMAGES available through MOSTPHOTOS are protected by international and national copyright laws and all forms of use of IMAGE(S) must be executed under the provisions given in the respective license. No sale, reproduction nor modification may be executed without the consent of MEMBER. MOSTPHOTOS makes available primarily user generated content and all uses must abide to this agreement and the LICENSE AGREEMENT FOR THE USE OF MOSTPHOTOS. All deviations from above must be followed by a written permission from the photographer or rightholder.

6. IMAGES offered as EXCLUSIVE BUYOUT

6.1. An IMAGE advertised as EXCLUSIVE BUYOUT can only be sold once, The USER has exclusive rights to the IMAGE and the photographer waves the right to sell the IMAGE again. After a transfer of the rights to an IMAGE offered as EXCLUSIVE BUYOUT, MEMBER has limited right to expose the IMAGE in public such as non-commercial exhibits and up to five (5) copys for non-commercial use and where the rules do not conflict with this AGREEMENT, for the duration of the agreement, unless agreed otherwise. The IMAGE may not be advertised, presented or sold to other buyers once the IMAGE has been sold on Mosthotos.com. An exclusive BUYOUT IMAGE cannot be resold by a buyer and the photographer will always retain the copyright to the IMAGE. Reselling of any IMAGES purchased on Mostphotos.com is prohibited. The IMAGES can be used for advertising, promotion, web designs, books, magazines, pamphlets, newspapers and other things that you do not intend to sell examples of.

6.2. An EXCLUSIVE BUYOUT IMAGE offered at MOSTPHOTOS may not at the same time be offered for sale in any other circumstance or in any other way.

6.3. MEMBER may set the price of an IMAGE in the category EXCLUSIVE BUYOUT.

6.4. An IMAGE offered as EXCLUSIVE BUYOUT, may not be resold by its buyer, without the written consent of MEMBER. MOSTPHOTOS can however not in any way participate or contribute with any kind of support in the event of any dispute.

7. IMAGES offered as ROYALTY FREE

7.1. An IMAGE offered as ROYALTY FREE shall be sold for an established amount of money and with a few restrictions as noted below, used thereafter without limitations. An IMAGE that is advertised as ROYALTY FREE can be sold many times to different buyers. All ROYALTY FREE IMAGES are sold to one fixed price decided by Mostphotos. ROYALTY FREE IMAGES can be advertised and sold on other places simultaneously as they are advertised and sold at MOSTPHOTOS. If you are unsure whether the photographers copyrights are violated, please contact the photographer and ask before uploading the IMAGE. All deviations from above must be followed by a written permission from the photographer.

7.2. MEMBER transfers the right of setting the price to MOSTPHOTOS for IMAGES in the ROYALTY FREE category.

7.3. ROYALTY FREE IMAGES may at the same time, be offered by the MEMBER, for sale in any other circumstance and in any other way.

8. Restrictions and Limitations

8.1. It is not allowed to use the IMAGE in a pornographic, racist, immoral, offensive or any other way that could inflict harm to the IMAGES or MOSTPHOTOS. Such action may be opening for indictment according to national and international laws. If uncertain whether a certain use is violating the rightholders copyrights or moral rights, the rightholder shall give permission in writing before the IMAGE is used.

8.2. It is not allowed to resell any IMAGES purchased on MOSTPHOTOS. The IMAGES can be used for advertising, promotion, web designs, books, magazines, pamphlets, newspapers and other things that are not intended for sale. All deviations from above must be followed by a written permission from the rightholder.

8.3. It is not allowed to publish IMAGES, which MEMBER does not hold the copyright for or has gained consent for, uploads IMAGES of an offensive nature (according to MOSTPHOTOS), posts contributions on forums that may infringe any intellectual property rights, uploads material that may harm the function of MOSTPHOTOS, erases material without permission, downloads IMAGES that may be infringing copyright or in any other way uses information from MOSTPHOTOS for the benefit of other purposes. By entering into this agreement, MEMBER accepts uses that do not violate or harm the rights of MOSTPHOTOS or its users.

8.4 MOSTPHOTOS is not capable of supervising uploaded content and cannot be held responsible for any infringements of any kind. MEMBER is responsible for all material uploaded and all actions taken by the use of that MEMBER´S account.

8.5. MOSTPHOTOS cannot be held responsible for IMAGE(S), which do not meet any requirements of any kind.

8.5. MOSTPHOTOS can not be held responsible for IMAGE(S) which does not meet any requirements or expectations of any kind.

8.6. Information regarding copyright may not be removed from any IMAGE. If not stated, the USER must respect the right of paternity, if not evidently inappropriate. This include the right for the rightholder to be anonymous.

8.7. Any IMAGE may be adjusted what regards color, tone, brightness, definition, contrast and other graphic parameters as the USER find appropriate with regards the intended use of the IMAGE. Any IMAGE may also be enlarged, cropped, cut, retouched, composed, combined and modified in any manner and by any means that the USER find appropriate with regards to the intended use of the IMAGE. The rightholder retain the right to prevent changes or modifications to the IMAGE if such changes or modifications would prejudice the honour or reputation of the rightholder, not simply by disagreement.

9. Duration and termination

9.1. This agreement is to be considered to be binding and in force for the duration of the membership.

9.2. This agreement is no longer binding on any party in the event of a membership being terminated, regardless of the reasons therefor.

9.3. Termination of agreement and membership may be executed by either party and is valid and executed on the day of communication by either party of this agreement.

10. Payment

10.1. All matters regarding payment is a matter between MEMBER and the service provider handling payment services. MOSTPHOTOS is not to be considered a party of that relation and will not act in any event regarding matters of that nature.

10.2. If payment on MEMBERS account is not claimed prior to the closing down of the account and termination of membership, for any reason, MEMBER may not forward any claims regarding remuneration to MOSTPHOTOS. Any outstanding claims from MOSTPHOTOS on MEMBER is not terminated by the termination of this agreement.

11. Dispute resolution and choice of law

11.1. Any and all disputes arising out, under or in connection with this agreement, including, without limitation, its validity, interpretation, performance and breach, shall be finally settled according to the Swedish Law, conducted in the Swedish language, at the district court of Västmanland, Sweden. If the parties so agree, an out of court settlement shall first be sought.

11.2. MOSTPHOTOS claims the right to alter or modify the content of this agreement regarding MEMBERS use of the provided service, however not without a prior communication. Every MEMBER is obliged to make itself aware of its content.

11.3. In the event of any of these agreements, provisions should be deemed un-enforceable; those provisions shall be substituted with provisions of similar substance, without inflicting the agreement in its entirety.