TERMS AND CONDITIONS
Site Usage Agreement
By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client’s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any media listed under the OneGalleryPlace.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. Where OneGalleryPlace has provided you with a translation of the English language version of the page or site’s functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with One Gallery Place. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.
Use of This Site
This site is owned and operated by OneGalleryPlace. All Media, audio and video material and related informational materials in any medium provided by OneGalleryPlace hereunder, including related text, captions, or information (collectively referred to as Media) are owned by OneGalleryPlace and by our Media providers (Contributors), members of our community. All Media is protected by US and international copyright laws.
This site contains both Media that depicts a visible watermark (Watermarked Media) and Media that does not contain a visible watermark (Non-Watermarked Media). OneGalleryPlace allows you to search for, view, and use Watermarked Media only as permitted below. If you have registered for a OneGalleryPlace account and OneGalleryPlace has approved your registration, you may be able to access Non-Watermarked Media, which shall be used only as permitted below. OneGalleryPlace reserves the right to revoke your authorization to view, download and use the Media and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from OneGalleryPlace. All rights not specifically granted under this Agreement are reserved to OneGalleryPlace. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Media or related information.
OneGalleryPlace may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Media, delete all Media and all copies from all media and destroy all other copies. Your use of this site and any Media shall comply with all applicable law. OneGalleryPlace may restrict or remove your access to this site at any time, or restrict or remove the use of any Media for any reason, and may replace the Media with another Media, and you agree to immediately discontinue all use of the Media upon notification from OneGalleryPlace.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Media may include historically and culturally important Media and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by OneGalleryPlace or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
OneGalleryPlace makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. While the responsibility for the Media uploaded is entirely on the Contributor’s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.
Children
Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
ACKNOWLEDGEMENTS, REPRESENTATIONS, AND WARRANTIES
Acknowledgements, Representations, and Warranties
By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
a. OneGalleryPlace provides access to an online service comprising information and materials created and posted by You and other users.
b. Media on the Website that is available for license is stored on OneGalleryPlace’s servers at the direction of OneGalleryPlace’s users.
c. Any modification of Media uploaded by OneGalleryPlace’s users, such as the addition of a OneGalleryPlace watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon upload, the Contributor shall be deemed the party responsible for such automatic modification and shall be considered the “author” of such automatically modified Media. OneGalleryPlace is not responsible for modifications that occur to Media as part of its automatic posting process.
d. Any review of uploaded Media that may be performed by OneGalleryPlace before making such Media available to the public is cursory and only intended to identify immediately obvious violations of these Terms. Accordingly, and despite any such gate keeping, the Contributor uploading an Media shall be deemed the party at whose direction that Media resides on OneGalleryPlace’s servers.
e. OneGalleryPlace has never directed, and never will direct, its users to upload Media that infringe upon any right belonging to a third party. Uploading Media that infringe on third-party rights constitutes a direct and material violation of these express Terms and will subject the uploading Contributor’s account to suspension and/or termination, where appropriate.
f. OneGalleryPlace correctly presumes that the Contributor uploading an Media is the sole holder of all exclusive rights to that Media, except where the Media alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a Person other than the Contributor as the exclusive rights holder.
g. Where an Media has no obvious proprietary marking that indicates an exclusive owner, OneGalleryPlace cannot be deemed to have actual knowledge that the Media infringes upon any third party’s rights.
h. In collecting license fees on behalf of Contributors, and retaining a portion of those license fees, OneGalleryPlace does not derive a direct financial benefit from any particular Media. OneGalleryPlace’s only direct financial benefit comes from operating its Website, which allows Contributors to market their Media to potential license purchasers. Contributors are the only parties receiving a direct financial benefit from their creation and uploading of Media for licensing by OneGalleryPlace’s users.
i. OneGalleryPlace has no right or ability to control the activities of Contributors who create and upload Media to the Website. In the event that a Contributor infringes upon a third party’s rights by creating or uploading an Media, that Contributor is the sole responsible party for such infringement, and OneGalleryPlace has no control over such activity.
j. Apart from identifying an obvious proprietary marking in an Media that indicates an exclusive owner, OneGalleryPlace has no other ability to determine whether the rights appurtenant to a particular Media may belong to a party other than the uploading Contributor. As its only other means of identifying Media that may infringe upon a third party’s rights, OneGalleryPlace relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
k. Where you are established within the European Union, you qualify as a taxable person for VAT purposes and you will provide OneGalleryPlace with any documentary evidence to this effect upon request (VAT number). In the event that such documentary evidence is not provided, you accept that OneGalleryPlace will add the applicable VAT of your EU country to the price of services.
Use of Watermarked Media – Using Media for comping
Media includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Media includes visibly or electronically watermarked and reduced resolution Media (Non-Watermarked or Watermarked Media) or higher resolution non-watermarked Media (Non-Watermarked Media).
Conditional upon your compliance with this Agreement, OneGalleryPlace grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Media in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Media. Except for this limited, internal testing and sample use, OneGalleryPlace grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Media.
REGISTERING FOR AN ACCOUNT
Registering for a OneGalleryPlace Account
To obtain access to our Media as well as upload any Media, you have to apply for a OneGalleryPlace account and you agree to provide complete, true and accurate information. OneGalleryPlace reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account login and password supplied to you by OneGalleryPlace. By creating an account or otherwise using our website, you demonstrate your acceptance of these terms and of our Privacy Policy, which is incorporated herein by this reference.
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify OneGalleryPlace of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Media downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify OneGalleryPlace of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any OneGalleryPlace account or web site or related services.
At anytime, you may request your account access to be restricted, but OneGalleryPlace reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site’s services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the OneGalleryPlace admin staff, for legal purposes.
After acquiring a credits package or subscription, you can download Media using various licenses available on our site. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company’s own projects or clients and cannot be transmitted to another party. If the Media is to be used for more projects, you must purchase a separate license for each of these projects. If the Media is to be used by more employees, then an Unlimited Extended License (U-EL) Unlimited Extended License (U-EL) is required or you can contact us for customized company solutions.
None of our Media may be resold or redistributed by any means, or made available for redistribution or resale by a third party without OneGalleryPlace’s separate written consent.
If required, you may purchase Media on behalf of a third party, such as your client, organization, employer, etc. Please indicate on the My Downloads page the full name of any third party on whose behalf you have purchased a particular piece of Media by clicking the ‘Client name’ link in the row for that piece of Media, which will automatically extend the purchased license for that Media to the indicated third party. For the avoidance of doubt, each individual Media license may only be extended to one third party. Should you desire to use a piece of Media for more than one third party, you must purchase a separate license for each third party and assign each license to the designated third party as described above. By designating a third party for any Media license that you purchase, you thereby affirmatively represent and warrant that (i) such third party has agreed to be bound by this Agreement; and (ii) you are fully responsible for any claims that may arise from such third party’s use of the Media. If you require any further information about Media licensing on behalf of third parties, please do not hesitate to contact us.
UNAUTHORIZED USE
Unauthorized Use
Without limitation, Media may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person’s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Media constitutes copyright infringement and shall entitle OneGalleryPlace to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media. The foregoing is not a limiting statement of OneGalleryPlace’s rights or remedies in connection with any unauthorized use.
SENSITIVE SUBJECTS
Sensitive Subjects
Any license granted by One Gallery Place shall not constitute a representation that a Media is compatible for use with any other material. You are solely responsible for the use of any Media in combination with any other material, and you agree not to use Media with sensitive topics without OneGalleryPlace’s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image.
You must contact OneGalleryPlace for additional information prior to any use of an Media with any sensitive topic.
Each Contributor that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release.
OneGalleryPlace will not be held responsible for any of the materials you upload to the site.
MODEL AND PROPERTY RELEASES/CLEARANCES
Model and Property Releases/Clearances
With respect to Media for which you have purchased a license through OneGalleryPlace, the rights that One Gallery Place grant to you do not include a license to any person, place, property, or subject matter depicted in a Media, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. OneGalleryPlace makes no representations or warranties that it owns or licenses any rights nor does OneGalleryPlace grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Media. Furthermore, OneGalleryPlace makes no representation or warranty as to the accuracy of any information provided with the Media. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by OneGalleryPlace. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.
With respect to Media you upload as a Contributor, where such Media depicts one or more individuals, a model release document must be uploaded confirming that the individuals included in your Media have signed a written release. By uploading this document, you certify that the information contained therein is complete and accurate.
With respect to any personal data included on any release document you provide, you acknowledge and agree that you are the data controller or processor, and OneGalleryPlace is the data processor or sub-processor, as applicable, and accordingly OneGalleryPlace agrees that it shall process all personal data in accordance with its Privacy Policy. If you are a data processor, you warrant to OneGalleryPlace that your instructions and actions with respect to personal data, including your appointment of OneGalleryPlace as another processor, have been authorized by the relevant controller. OneGalleryPlace will promptly notify you of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data included on any release document you provide.
OneGalleryPlace prefers that its contributing users provide copies of release documents that include physical signatures for the individuals consenting to the capture and reproduction of the contributed Media. Recognizing that many of OneGalleryPlace’s contributing users desire to submit location and model releases that have been e-signed, rather than printing documents for physical signature by a releasing individual, OneGalleryPlace has determined to accept, under certain circumstances, e-signed release documents from certain qualifying contributors. Acceptance by OneGalleryPlace of an e-signed release from a particular user shall not constitute a guarantee that future e-signed releases will be accepted from such user. OneGalleryPlace reserves the right to refuse e-signed releases, whether for a particular Media or from a particular user, for any reason.
If you are qualified to submit e-signed releases to OneGalleryPlace, you will be asked to separately represent and warrant, at the time of uploading a particular e-signed release, that (i) any submitted e-signed release was prepared in compliance with all requirements of the United States’ Electronic Signatures in Global and National Commerce Act (E-Sign Act); (ii) such e-signed releases have been reviewed and accepted by each individual whose rights the e-signed releases purport to release; (iii) multiple e-signed releases have been submitted and shall be submitted for Media portraying the same individual, which Media were captured on different calendar days; however, only one single MR document/age group should be uploaded in the model release library ; and (iv) you have not submitted and shall not submit any e-signed release that is fraudulent or otherwise unenforceable. If OneGalleryPlace authorizes you to submit e-signed releases, you agree to maintain copies of each e-signed release submitted to OneGalleryPlace for as long as the associated Media is available for download from OneGalleryPlace and for a period of three (3) years following the Media’s removal from OneGalleryPlace. You further agree to provide OneGalleryPlace with additional copies of any e-signed release upon request.
If Media is designated as model-released, it means the contributing member posting such Media has represented to OneGalleryPlace that the depicted individual(s) has/have signed a release permitting reproduction of the Media, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that OneGalleryPlace is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed model release for all individuals depicted in a particular Media. If OneGalleryPlace incorrectly indicates that a Media is model-released when it is not, OneGalleryPlace’s liability shall be limited to the amount you paid OneGalleryPlace for the use of the Media. If a Media depicts an individual and you use such Media in a manner that implies the use or endorsement of a product or service by depicted individual, you must indicate wherever the Media is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use an Media depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive (as described above). Any license obtained through OneGalleryPlace is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide OneGalleryPlace with proof of such releases and permissions upon request.
REFUND POLICY
Refund Policy
You may ask for a refund of your purchase within 30 days from the purchase date. Please note that refunds will only be permitted if the plan you purchased (whether credits or subscription) has not been used to download any Media. Note: Refunds will not be given for the first subscription fee charged after a promo deal subscription if any Media has been downloaded during the promo deal period. Also, if you elect to be billed in installments, your yearly subscription plan cannot be stopped and refunded once your first renewal payment comes into effect.
If you have downloaded a piece of Media that has technical flaws, please contact us for a refund of credits used for downloading the Media. If you are not able to download a particular piece of Media, we will refund the credits used to purchase that piece of Media, provided that OneGalleryPlace determines you have been unable to download the Media successfully. If several credits are deducted from your account, due to multiple unsuccessful attempts of retrieving the file, you should email support for a refund of the extra credits. Downloads will not be refunded if more than 7 days from the download date have passed.
SPONSORSHIPS
Automatic Renewals
Sponsorships renew on a periodic basis, based on the term that you choose (e.g., monthly), at the rate disclosed at the time of purchase and are billed to the payment method associated with your user account up to 48 hours in advance of the current sponsorship period end date. Discount and promo plans renew at regular rates, unless specified otherwise. Up to 5,000 unused downloads may be rolled over to the next month for as long as your subscription is active. Up to 2,000 unused downloads from an expired sponsorship may be rolled over to a new identical or higher cost plan, only in special cases and with prior written notice, if the new plan is purchased within 30 days after the original sponsorship’s expiration date.
To continue your downloads without interruption, credit packages and subscriptions that you purchase will renew automatically. Until canceled, renewal purchase prices will remain the same as your initial purchase price, except for promo and discount purchases unless otherwise specified, even if credit package or subscription prices are later increased ; provided, however, that we reserve the right to discontinue any subscription package at any time, in our sole discretion, with written notice to you. If we discontinue your subscription plan, and you do not choose a different plan before your next renewal date, we will select an available plan that we believe is adequate for your requirements based on past purchases.
You may be given the option to pay for yearly subscription plans in 12 monthly installments. If you elect to be billed in installments, your yearly subscription plan will be billed on a monthly basis for 12 months. You may elect at any time to convert your 12-month subscription into a monthly subscription, which may be cancelled before the end of the original 12-month subscription period, by payment of the difference between the discounted monthly price for your 12-month subscription and the current price of a monthly subscription, multiplied by the number of months completed for your original 12-month subscription. As with any other subscription package, at the end of a yearly subscription, your package will automatically renew at the same rate as your initial purchase price for another 12 months unless you cancel the package before the subscription renewal date.
If you elect not to continue your subscription after any trial or promo period, you must cancel your subscription before the renewal charge date, as specified after the purchase and on your ‘Payment Profiles’ page, to avoid paying a fee for the next subscription period. If you do not cancel before the renewal charge date, your account will be charged the periodic fee associated with the chosen subscription.
Subject to the foregoing, you may cancel automatic renewals at any time from your Payment Profiles page, but please note that in order to cancel a yearly subscription package that has already begun, you must first convert it to a monthly plan, subject to payment of the difference in subscription price as described above. If your permitted cancellation request is not received in time, and your credit card is billed despite your desire to cancel your subscription, please contact customer support by email so that we may refund your subscription fee, provided you have not yet used any of the download credits associated with such subscription renewal. Fees charged to your payment method may be split into multiple charges, the aggregate of which shall not exceed the amount currently due for your particular purchase.
COPYRIGHT
Copyright
The Contributor acknowledges that OneGalleryPlace prohibits any Media or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at OneGalleryPlace.com.
By uploading his/her Media, the Contributor is warranting that he/she owns all proprietary rights, including copyright, in and to the Media. The Contributor acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on One Gallery Place’s servers. OneGalleryPlace reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
The Contributor hereby grants OneGalleryPlace a non-exclusive license to post the Media on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants OneGalleryPlace and its representatives the right to sublicense the Media to their customers in accordance with the terms of the OneGalleryPlace Royalty-Free License Agreement, a copy of which the Contributor acknowledges reviewing and agreeing to.
The Parties agree that all rights, including title and copyright, in and to the uploaded Media, shall be retained by the Contributor, unless otherwise mentioned by the license agreement. The Contributor acknowledges that no monetary or financial compensation is owing or required to be paid to the Contributor by OneGalleryPlace or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Contributor. While OneGalleryPlace acknowledges that its policy is to provide the Contributor with certain payments whenever a Media uploaded by the Contributor is downloaded, the parties agree that One Gallery Place may amend such policy from time to time, as reasonable business objectives may require.
Currently, each Contributor may request to be paid for his/her balance on OneGalleryPlace.com and OneGalleryPlace is obligated to pay via check or similar means, once the balance has reached $100 and the Contributor has submitted a payment request via website.
OneGalleryPlace is entitled to carefully analyze all details and logs of the Contributor and his/her downloads/sales on the website. If any suspicion exists, OneGalleryPlace.com has the right to delay the payment request until all details are cleared or to refuse the payment.
The Contributor is entitled to disable file(s) from his portfolio by using the appropriate section of OneGalleryPlace.com (My Account/Online files). OneGalleryPlace is entitled to retain low res copies of disabled content for site indexing and archival reference purposes, in order to allow previous buyers to verify the accuracy of the content or to allow the Photographer to reactivate the file(s). For the avoidance of doubt, OneGalleryPlace will cease all future licensing of any Media that has been disabled from your portfolio unless and until you request that the disabled Media be reactivated.
Should the Contributor enter an agreement with OneGalleryPlace which provides exclusive rights to the agency or towards its customers, the Contributor bounds himself to disable the image from all other sites according to the specific terms of the agreement: assignment or the SR-EL extended license.
The Contributor agrees that neither OneGalleryPlace.com nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Media. The Contributor further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Media.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
OneGalleryPlace may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on OneGalleryPlace’s site, send OneGalleryPlace a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the OneGalleryPlace site; (iv) information sufficient to permit OneGalleryPlace to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
LIVE ART EVENTS
Live Art Event Terms – General Terms
In order to participate in OneGalleryPlace and OGPArtcast contests and live art streams you should fulfill the following conditions:
– Have an active Contributor account at OneGalleryPlace.com
– Be the sole author of the Media submitted
– Submit only Media that closely follow the monthly contest theme
– Submit a valid Model Release form (signed by the model) if the image contains any recognizable people faces
– If enrolled in more than one contest, the media can be assignment winner only once
– All assignment submissions must be marked as exclusive
– Already online files can participate in assignment contests provided they are submitted again for consideration. If approved, the regular files must be disabled
The Contributors will have the following Obligations and Rights
Obligations
Sell the selected Media from OneGalleryPlace On Assignment contest only on OneGalleryPlace.com. The Media approved for the contest become exclusive to OneGalleryPlace agency and cannot be sold anywhere else, including your own website.
Rights
1. You may disable or revert the image(s) to a lower level (by resubmitting or reactivating it) at any time, but not earlier than 12 months since its upload date. In this way, the exclusivity agreement with OneGalleryPlace will cease to exist.
2. Photographers have the right to upload existent work and Media that already make up a part of his/her portfolio on OneGalleryPlace.com.
OneGalleryPlace.com Obligations and Rights
Obligations
OneGalleryPlace is obliged to choose a number of winning Media every event. The number of winner Media is not specified and there is no minimum or maximum limit of selected Media. It will vary upon the number of good quality Media submitted.
Rights
OneGalleryPlace.com reserves the right not to select any of the submitted Media for general refusal reasons such as: noise, out of focus, poor lightning, distorted pixels, poor composition, or Media that do not comply with the assignment theme.
Assignment terms – Sell the Rights Option
In addition to the above terms the Contributor should submit a valid EXCLUSIVE Model Release form (agreed and signed by the model) if the image contains any recognizable people faces.
Sell the Rights Option – Photographer’s Media Copyright Release Form
For valuable consideration: I hereby authorize OneGalleryPlace.com to publish, distribute, and sell all photographs that I submit to them in their web site assignments at https://www.OneGalleryPlace.com.
I understand that by submitting Media to OneGalleryPlace.com, I authorize OneGalleryPlace.com to duplicate, print, distribute or resell any and all submitted Media, for sale to the public or for commercial applications. I also understand that any image that includes a recognizable person or property requires written consent from that person or owner prior to submission and I should attach a signed Model Release document or a Property Release document specifically signed for OneGalleryPlace.com. I am aware and fully understand that OneGalleryPlace.com will not be held liable for any copyright infringements on any photographs submitted by myself. By submitting my photographs to OneGalleryPlace.com for publication in their web site galleries for sale, I relinquish my rights to sell and/or use anywhere besides OneGalleryPlace.com the Media that has been submitted.
I understand that the buyers of any licenses sold by OneGalleryPlace.com for my Media, will remain anonymous to me. In this event, I agree not to make any contact with the buyers of my Media, unless they are in obvious undisputable breach of the licensing terms of the license issued by OneGalleryPlace.com. In the event I take any action against the buyers for being in breach of the licensing agreement, I agree to notify OneGalleryPlace.com in writing of my intentions and I agree to indemnify and hold harmless OneGalleryPlace.com, its owners or directors, staff and associates of any and all such actions.
I acknowledge that in exchange for this copyright release, OneGalleryPlace.com is obligated to award a fee for each image submitted and accepted by OneGalleryPlace.com and that the agency will set the fee for each assignment. I understand that OneGalleryPlace.com is entitled to refuse any of my Media in which case I retain all copyrights, without any further obligations.
I acknowledge OneGalleryPlace.com has the right to remove from the OneGalleryPlace.com web site any photograph at any time. OneGalleryPlace.com is not required to alert the Contributor as to the reasons for the removal unless the Contributor specifically requests a reason.
In addition to the terms stated above, I confirm to OneGalleryPlace.com that:
The photos submitted are my own personal property.
I will honor completely all licenses sold by OneGalleryPlace.com, within the terms of those licenses. I agree to abide by all the terms and conditions as stated within this document and in regard to copyrights and or my release of copyrights that are included in this form.
AFFILIATE PROGRAM
Affiliate Program Terms
In order to participate in our Affiliate program you should accept the following terms and conditions:
What You Have to Do
– read the referral terms and agree with them
– do your best to promote the site, using the site’s badges, your unique referral URL or your affiliate ID
What We Will Do
– provide 10% from all credits packages bought by a designer that you referred, for 3 years after their sign up!
– provide 10% from all sales made by a Contributor that you referred, for 3 years after their registration!
– add all income to your earnings account: you can cash it as soon as the total earnings reach $100 (that includes your regular income, if you’re a Contributor)
– keep track of all visits you bring for 30 days after the URL is first clicked (cookies must be enabled)
Obligations
By joining this program you agree to promote the community and OneGalleryPlace.com website. This participation doesn’t entitle you to represent OneGalleryPlace.com or the community but only to recommend it to potential members. Your participation implies that you will act as a responsible person promoting the community by various means, exclusively legal. Neither spam actions nor any fraudulent attempts will be tolerated.
You agree to use only legitimate means for promoting the community and to not interfere or damage the activity of the website or any other website or servers. You are not, through your participation in our Referral Program, permitted to (i) bid on, purchase or otherwise register/use ‘OneGalleryPlace’, ‘OneGalleryPlace.com’, or any other similar spelling, or use the same in connection with the words ‘Official’, ‘Officially’, or ‘Official Site’ as keywords or advertising words on any internet search engines, including without limitation, google.com, bing.com, ask.com, yahoo.com, etc.; (ii) use our trademark ‘OneGalleryPlace’ in association with any similar or competing website or service; or (iii) register any domain name which incorporates or is a ‘misspelling’ or variation of ‘OneGalleryPlace.’ You agree that in the event you violate any part of this section of this Agreement, your account may be terminated, any amount earned but not paid yet will be forfeited, and you will cooperate fully in transferring any items forbidden by this section to OneGalleryPlace as the rightful owner.
All referees received from your account can be analysed by computer scripting or human administrators. If any fraudulent activity related to your account is traced, OneGalleryPlace will take further action in order to stop and punish delinquent accounts via legal means.
We reserve the right to change the current terms and conditions in part or entirely. This program can be adjusted or canceled at our sole discretion and according to the program’s activity, feedback and/or other input we receive. Any significant changes will be published on our website. If you do not agree with these changes, you should stop referring the site and cease further participation. Your future participation to the Referral program constitutes a full acceptance of our terms.
Specifications
1. For every new visitor you refer, OneGalleryPlace will keep a record of his IP and place a cookie on his computer. Cookies must be enabled, or the visit cannot be tracked. If the visitor returns within 30 days, our system will track him or her and award any revenue to your account.
2. For every new referred user that buys something from the site, OneGalleryPlace awards you 10% from each of his buying transactions’ gross amount. This applies for 3 years after his registration and only for members that previously did not have a OneGalleryPlace account.
3. For every new referred Contributor that uploads Media on the site, OneGalleryPlace awards you 10% from all their gross sales, for 3 years after their registration. Same as for buyers, this applies only for Contributors that are not a current or past members of OneGalleryPlace.
4. The client you refer (referee) must reach the site using a site badge link, your referral link or by entering your referral ID at registration. If the visitor came from your referral link, there is no need to enter a referral ID.
5. All earnings are added to your account. You are eligible to request a payment once the balance has exceeded $100. This is the regular balance, it can include the earnings made by selling your stock photos on OneGalleryPlace, if you’re a Contributor. Please note, you will not receive awards when a referred user or a buyer of a referred Contributor’s image chargesback the credit card charge for the purchase or receives a credit for the purchase. In the event that you have already received the award amount (i.e. been compensated) for such purchase, although we reserve the right to request a cash return of such funds, the amount you received with respect to such purchase will be debited against your balance of credits.
No Waiver / Severability
No action of OneGalleryPlace, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
TRADEMARKS
OneGalleryPlace Trademarks
The trademarks, services and logos used and displayed in OneGalleryPlace.com are registered and unregistered trademarks of OneGalleryPlace.com its subsidiaries and affiliates. OneGalleryPlace.com trademarks may only be used publicly with the permission of OneGalleryPlace, Inc. with proper acknowledgement. Except as expressly granted OneGalleryPlace, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
DISCLAIMERS
Disclaimers
One Gallery Place PROVIDES YOU WITH ITS SITE AND MEDIA ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, 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, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER One Gallery Place NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL One Gallery Place’S OR ITS AFFILIATES’ LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.
Indemnification
Except for Media licensed under RF-CC0, and subject to a maximum amount of $10,000 per Media licensed under standard Royalty Free and $250,000 per media licensed under Extended licenses and all other conditions set forth below, OneGalleryPlace agrees to indemnify, defend, and hold you harmless against any third-party claim that the licensed Media, when used in accordance with these Terms, infringes upon such third party’s rights or intellectual property. In order to be eligible for the indemnity described in the preceding sentence, you must:
(i) notify OneGalleryPlace within 5 days after you become aware of any claim for which you seek indemnification;
(ii) give OneGalleryPlace sole and exclusive control over the defense of such claim; and
(iii) fully cooperate with OneGalleryPlace in defending such claim including, without limitation, by promptly responding truthfully to any requests for information that OneGalleryPlace may reasonably make. To the extent that you determine to participate in the defense of any claim, such participation shall be done through counsel that you may select and retain, but at your sole expense, and your participation shall not impact OneGalleryPlace’s sole and exclusive control over such defense. All decisions made by OneGalleryPlace relating to any indemnity claim shall be final.
You agree to indemnify, defend, and hold harmless OneGalleryPlace 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, your failure to abide by any restriction regarding the use of an Media, or any claim by a third party related to the use of a Media, alone or in combination with any other material.
As a Contributor, for each piece of Media that you contribute, you agree to indemnify, defend, and hold harmless OneGalleryPlace against all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any claim that such Media infringes upon any third party’s rights or intellectual property.
ARBITRATION
Arbitration
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules and applying the laws in effect in Seminole County, Florida. The term ‘Dispute’ means any controversy or claim arising out of or relating to the OneGalleryPlace website, the services offered through the website, or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and OneGalleryPlace hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Arbitration will take place in Seminole County, Florida exclusively.
You and OneGalleryPlace hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.
The obligation to arbitrate is not binding upon OneGalleryPlace with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and the Site each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
CONTRIBUTORS RIGHTS
Contributors Rights & Obligations – Non-Exclusivity and Exclusivity
OneGalleryPlace.com allows you the opportunity to work with OneGalleryPlace.com in one of three manners: contributors who upload Media which are available for sale with other stock agencies (NON-EXCLUSIVE CONTRIBUTORS), contributors that upload Media that are exclusively sold on OneGalleryPlace.com (EXCLUSIVE IMAGES) and contributors that are solely represented by OneGalleryPlace.com (EXCLUSIVE CONTRIBUTORS).
Contributors are required to keep at least seventy (70%) percent of their portfolio online with OneGalleryPlace.com for a period of at least six (6) months. You may disable all files older than six months from the date of review at any time. You will be allowed to disable a total of thirty (30%) percent of your total Media submitted within the past six (6) months. Media that was disabled and then enabled again will be counted as new submissions, no matter of their original upload date.
Contributors shall receive a percentage (a Revenue Share) from each sale made by OneGalleryPlace on their behalf as described in the paragraphs below. Considering the dynamic nature of the industry, OneGalleryPlace and its distributors, affiliates, referrals etc. can represent the Contributors using different marketing techniques or models (such as credit based or subscription payment plans, third party distributors etc.). Contributor acknowledges and agrees that each of these varied marketing techniques and models may result in different net sale prices for the same image under each set of circumstances. The paragraphs below mention the minimum Revenue Share that is to be awarded to a Contributor from the net sale price collected for the Contributor’s image, unless otherwise mentioned in different areas of the site (such as the Alliances section or Sell your Media section). Revenue Shares are calculated based on net sales amounts after payment of referral fees, as described above. Notwithstanding the foregoing, provided Contributor is otherwise in compliance with the terms of this Agreement, OneGalleryPlace will not seek repayment of any overpayments made to Contributor. No OneGalleryPlace user shall be entitled to receive payment, nor shall OneGalleryPlace be liable for any such payment, unless and until the total amount of that Contributor’s unpaid earnings exceeds One Hundred U.S. Dollars (US$100.00).
Contributors are not allowed to download their portfolio (partly or completely) , especially if this is performed in order to take advantage of any available discounts and bonuses provided by OneGalleryPlace.com. Contributors who lost their own Media during a hardware failure are asked to contact support in order to receive a copy of their own files.
Non-exclusive contributors: A non-exclusive contributor is an artist who uploads Media that are also available for sale with other stock agencies. These contributors may upload their Media to OneGalleryPlace.com while selling the same Media through other channels. Non-exclusive contributors shall receive 25-50% of the net sale price received by OneGalleryPlace.com for the Media they have contributed to the site which are subsequently sold by OneGalleryPlace.com.
Exclusive Media:: A contributor may work with other agencies in addition to OneGalleryPlace.com. However, the Media provided to OneGalleryPlace.com and marked as being exclusive are sold only on OneGalleryPlace.com. An exclusive image is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable an image as being different. Exclusive Media may only be sold through OneGalleryPlace.com and may not be offered through other channels. Contributors shall receive 27.5%-55% of the net sale price received by OneGalleryPlace.com for the exclusive Media they have contributed to the site which are subsequently sold by OneGalleryPlace.com. A Contributor may remove the exclusivity rights to an image with thirty (30) days prior written notice to OneGalleryPlace.com.
Exclusive contributors:: An exclusive contributor is not represented by any other agency and will work solely with OneGalleryPlace.com for selling their Media. Exclusive contributors may, however, sell their other artwork on a Contributor-to-client basis, under a work for hire contract, outside of this Agreement. Exclusive contributors shall receive sixty (60%) percent of the net sale price received by OneGalleryPlace.com for the exclusive Media they have contributed to the site which are subsequently sold by OneGalleryPlace.com, as well as a commission of $0.20 (twenty cents), awarded unconditionally for the first 100 submissions uploaded and accepted by OneGalleryPlace.com. Once an exclusive contributor exceeds 100 approved submissions, the upload bonus is awarded for up to first 10,000 approved files only if their downloads/image average is > 0.1. This means there should be a balance between uploads and downloads and an exclusive portfolio is expected to generate sales in order to continue receiving the upload bonus after the initial 100 approved files.
OneGalleryPlace.com is under no obligation, however, to accept an exclusive contributor’s submissions and acceptance of Media is at OneGalleryPlace.com’s sole discretion.
OneGalleryPlace.com may terminate an Exclusive Contributor’s status at any time with no advance notice; an Exclusive Contributor may terminate their status as an Exclusive Contributor with thirty (30) days prior written notice to OneGalleryPlace.com. If an Exclusive Contributor terminates this Agreement prior to the passage of six (6) months, OneGalleryPlace.com reserves the right to recover all commission payments made to the Exclusive Contributor prior to the termination of Exclusive Contributor status. These payments include the upload bonus received after each accepted submission and the extra Revenue Share earned by exclusive contributors.
If a contributor breaks this Exclusivity Agreement, either for an exclusive image or as an exclusive contributor, OneGalleryPlace.com reserves the right to invalidate and recover all earnings made by that Contributor through OneGalleryPlace.com sales commencing with the date the exclusive image or Media or portfolio were made subject to the Exclusivity Agreement.
OneGalleryPlace.com reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.