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License and Service Terms for Photographers

These License and Service Terms are supplementary, applicable to the General Terms of Service.

 

1. Photographer Registration

Photographers register at alpineSTOCK.com for free. A registration provides photographers a dedicated account where they can view their images, sales, and generated earnings. Photographers upload and administer their photos they want to sell via alpineSTOCK.com, within their account. By registering, photographers are obliged to specify their billing address and the desired method of payouts. All personal data must be kept current. Expenses incurred due to obsolete personal data are to be compensated by the respective photographer.

 

2. Approval and Integration of Photos

alpineSTOCK.com verifies all uploaded photos and decides whether to approve each one. There is no legal title for an approval or integration of photos by alpineSTOCK.com.

 

3. Uploaded Content

All uploaded photos must fully comply with the law. Photos are only permitted if they

- are not illegal, abusive, obscene, pornographic, sexually suggestive, harassing, threatening, inflammatory, fraudulent, or otherwise objectionable or harmful,

- do not instruct or incite criminal violations of the law or infringe the rights of third parties such as personal rights, trademark rights, patents, trade secrets, copyrights and associated rights, or other intellectual property and intellectual property rights,

- do not show any undesired advertising content, political messages, or violate antitrust laws, do not violate the privacy of third parties, including personal data, and contain no viruses, worms or other malicious software,

- and have been lawfully manufactured and/or obtained.

 

4. Obligations of Photographers

Photographers are solely allowed to upload photos created by themselves. They must be the the bearer of any and all necessary rights. Photographers certify that all uploaded photos are free of any other licensing or duties which could lead to a limitation of use. If a natural person is recognizable and identifiable on a photo, photographers are obliged to provide a model-release contract. If private properties and/or buildings are recognizable and identifiable on a photo, photographers are obliged to provide a property-release contract. Photographers may not provide exclusive content. alpineSTOCK.com will accept previously released photos.

 

5. Minimum Technical Requirements

alpineSTOCK.com accepts only photos with a specific minimum resolution. Click here for details of the current minimum resolution. All photos must be submitted in JPG format. They shall not fall below a compression ratio of 80. Photographers should be able to provide high-quality versions of their photos in TIFF format on request. As a general rule, sales of TIFF versions lead to higher earnings for photographers.

 

6. Liability of Photographers

Photographers are liable for the legality of their photos. They certify that each of their photos is free from any rights of third parties that lead to a limitation of use. Photographers hold free and indemnify alpineSTOCK.com from any claims of third parties that may result from infringement of any law by their photos or the obtaining of their photos. Photographers are liable for all and any damages that occur as a result of breach of duty or criminal act by the photographer.

 

7. Approval and Usage of Images

alpineSTOCK.com decides which photos will be accepted and integrated in it's image database (approval). There is no guarantee whatsoever that a photo will continue to be included at alpineSTOCK.com. alpineSTOCK.com is entitled to remove photos from it's catalog, rename, edit metadata and resize photos at any time.

alpineSTOCK.com is entitled to use any image for self-promotional purposes, commercially and editorial. alpineSTOCK.com pays attention that the respective copyright-owner (photographer) is mentioned.

 

8. Transfer of Rights

Upon uploading a photo, the photographer transfers any rights to alpineSTOCK.com which are necessary for the photo's distribution, copying, reproduction, licensing, etc. If not agreed otherwise in writing, the transfer of rights to alpineSTOCK.com shall be non-exclusive and unlimited by time or place during the period of the collaboration between alpineSTOCK.com and the photographer. In return, alpineSTOCK.com provides and handles all marketing, administration and sales associated with distributing the photogrpaher's uploaded and approved photos, and only charges a reasonable commission on any sale a photo generates. However, the major share of each sale is due to the photographer. Photographers remain the authors and rightholders of their moral rights regarding their photos. If possible, the name of the photographer will be shown in relation to their photos. Photographs can be removed from alpineSTOCK.com anytime.

 

9. Method of Payout

Photographers receive the major share of every sale of their photos through alpineSTOCK.com. This share is equal to the sales price of the photo minus the commission and any possible expenses. Photographers are paid out monthly if a certain amount is achieved (buffer). No interest will be accrued. Photographers who realize considerable sales within a certain time period may profit from a higher share. Commission rates, buffer limits, and the allotment of higher shares are subject to change anytime. Click here for the current commission percentage, the current buffer limit, and the current opportunities for higher shares.

 

10. Liability of alpineSTOCK.com

alpineSTOCK.com offers photographers the opportunity to sell their photos via its online photo agency. alpineSTOCK.com will not be held liable for any success of photo sales, for any technical breakdowns of its own infrastructure or of the infrastructure of payment gateway providers and possible third parties. In particular, alpineSTOCK.com will not be held liable for any downtime or unattainability of it's website and webs ervices or for any possible damages caused by third parties through attempts at unauthorized manipulation such as hacking, phishing, or fraud.

 

11. Use of Services offered by alpineSTOCK.com

Any individual of legal age is entitled to use the services offered by alpineSTOCK.com. Minors are only allowed to use these services after providing the written permission of their legal representative.

 

alpineSTOCK 10/2011