Terms of Distribution
Terms of Distribution
Last revised May 25, 2012
Your use of the CommittedPhotography.ca website requires that you agree to the following terms of distribution (“Terms of Distribution”). If you do not agree with these Terms of Distribution, you must leave this website immediately.
CommittedPhotography.ca ("Website") owned and operated by Committed Photography Inc. (“our”, "we" or “us”) provides its services (“Service"), to you ("Member", “Photographer”, “your” or "you") subject to the following Terms of Distribution, which may be updated from time to time with or without notice. By using the Service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Distribution and any other posted guidelines or rules applicable to this Website or Service provided by us. Please read this document carefully, as it is intended to protect you and to ensure that the Website is safe for everybody.
Persons under the age of eighteen (18) years old are not permitted to register for membership with this Website. By registering, you certify that you are at least eighteen (18) years old. You agree that all information you provide during the registration is accurate. We reserve the right to terminate your membership without notice if we learn that you have violated these Terms of Distribution or any other guidelines and rules published by us. Any such termination shall be in our sole discretion.
This Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Website constitutes your agreement to all such terms, conditions, and notices. The right to use this Website and any other Product or Service offered by us is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity.
2. NATURE OF SERVICE
Committed Photography is a web based fine art photography gallery. We provide customers easy access to purchase professional photography from around the world. Committed Photography fulfills the purchased orders and pays a commission to the Photographer who uploaded the work.
We provide you with storage space and we collect fees selling your photo prints. We provide this Website to make your image available for printing for the purpose of a sale. We host digital images – We do not own them. The Photographers retain the ownership and copyrights of all their images. We market your photos to buyers with no additional cost to you. We act as the processor of the payments for physical image prints and maintain records of all sales. Proceeds for the sales are paid to Photographers in accordance to terms outlined in the Payments section of this document.
We provide buyers the ability to purchase printed photos and enable them to frame the said photo for their specific needs. Additional services for your photos are subject to change without notice.
3. REGISTRATION, PRIVACY, PHOTOGRAPHER’S INFORMATION AND USE OF PHOTOGRAPHER’S INFORMATION
Some of the Products and Services will require the Photographer to register and provide certain data. Photographers shall provide us with true, accurate, complete, and updated information as to his or her name and email address during the registration process. Photographers also hereby agree to maintain and promptly update the registration data to keep it true, accurate, current and complete. No Photographer may:
• select or use a Username or email address of another person with the intent to impersonate that person.
• use a Username or email address subject to the rights of any person other than the Photographer without authorization.
• use a Username in violation of the intellectual property rights of any person.
• use a Username that we, in our sole discretion, consider inappropriate or offensive.
You allow our employees the ability to access your membership information, on a case by case basis, to provide customer service and support, or to investigate complaints or other allegations of abuse. We shall not disclose the existence or occurrence of such an investigation unless required by law.
4. YOUR ACCOUNT
You will choose a password during the registration process, this password is used for authentication purposes to access the member-only areas of our Website. You acknowledge that your right to use this Website and other Services offered by us is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer your right to use this Website is void and shall constitute a breach of this document.
You shall take any and all actions necessary to maintain the privacy of your password. In the event you have reason to believe that a third party has access to your account, you shall immediately change account password by going to the "My Account" page and click on “Change Password”. If any such problem persists, notify us via email to firstname.lastname@example.org
We will be doing everything to prevent data loss. In the unlikely event of computer systems' failure causing unrecoverable loss of digital images in the Photographer's account, we will not be responsible for any kind of damages the Photographer could sustain as the result of such data loss. Photographer is solely responsible for keeping backed up copies of all files submitted to us and will be given an opportunity to resubmit any digital images that could have been lost in the event of data loss.
We agree to pay Photographer a portion of the fees collected in regards to sales of the printed products we provide to the buyer. The portion of the fees due to Photographer is defined as the Commission Rate, which is set as a percentage of the sale price of Printed product from our Website that has been sold provided the sale was not nullified or refunded for any reason. The rate schedule is as follows: for each product sold on our Website, an amount in mark-up representing 80% commission will be added to the base price. Photographer acknowledges that this rate is subject to change at our sole discretion. In the event of the rate change, we will provide a notice in advance by posting such changes on the Website.
We will make payments of fees due to Photographers in regards to sales of the digital images on the 15th of every calendar month provided payable amount aggregates a minimum of $50.00 Canadian Dollars or more, as specified by each Photographer. Any sales proceeds not reaching the minimum will be retained until they exceed such minimum, or the Photographer's account expires, whichever comes first. In the event the Photographer's account expires with the balance lower than $5.00 Canadian Dollars, the balance will be forfeited.
Before compensation for each new sale becomes eligible for payout, the 30 day holding period must elapse. We reserve the right to collect surcharge in the amount of $1.00 Canadian Dollars for processing payouts sent by mail. We agree to process payouts free of surcharges when Photographer elects to receive payments via PayPal service. The Photographer hereby acknowledges and accepts that he/she will be required to pay any applicable fees associated with using the PayPal Service to transfer the said funds. Processing surcharges are subject to change without prior notice.
We are entitled to make adjustments and corrections against any amount owing to Photographer in the events of, but not limited to resolution of any matter which is the subject of a representation, warranty or indemnity of Member under this Agreement, any refunds of any feeds or payment chargebacks in regards to images submitted by Photographer, and cancellation of prior sales for any reason in regards to images submitted by Photographer.
6. SUBMISSIONS TO THE WEBSITE
A. DIGITAL IMAGES - By submitting any digital image files through this Website, you warrant and represent that you own or otherwise control the legal rights necessary to sell these digital images. Any violations of this rule may result in immediate termination of your account. By submitting digital image files to our Website, you are authorizing us, our employees and affiliates, to store, resize, copy, distribute, transmit, display, reproduce, transfer, access these files on our Website and any computer systems owned or rented by us for any purposes we in our sole discretion, find necessary, which include but not limited to, normal Website operation, automatic or manual image manipulations such as resizing for internet viewing, cropping, annotations, and watermark stamping.
By submitting any digital image files you also authorize using them to promote and market our Website in both print and electronic media.
Submission of pornographic or offensive images is strictly forbidden. Furthermore, we do not allow any erotic photography. Submission of images displaying copyrighted logos or trademarks is not allowed. Furthermore, all submissions must comply with the following Submission Guidelines
Photographer shall not upload the following type of photos to our Website:
• Photos with less than 8 Megapixels in total in any dimension; they will be rejected automatically.
• Pornographic or offensive photos.
• Photos containing nudity or erotic photography.
• Photos that are derivative work based on other copyrighted photos (unless you are able to submit written releases from the copyright owners).
• Photos with your own embedded copyright notice, watermark, or a timestamp.
• Series of several identical photos. Choose the best one and submit it.
• Photos which were not properly rotated, photos with main subject not being sharp (unless blur is intentional), and too underexposed (dark) or too overexposed (bright) photos. Photos that have no artistic, aesthetic, stock or editorial value to photo buyers.
• Family photos, vacation snapshots, casual posed portraits, casual photos of pets, and other photos more suitable for family albums.
We reserve the right to remove any image at our sole discretion that we find offensive, violating the terms of this agreement or submission guidelines, or inappropriate in any other way.
If you have submitted any image of adult content nature, or otherwise inappropriate for general viewing, at our sole discretion, we reserve the right to permanently terminate your rights from using our Website.
B. FEEDBACK - Any comments or information that you provide to the Website, for example testimonials, feedback about content, suggestions, ideas, concepts, questions, requests, or other information (collectively "Feedback"), is not deemed confidential and we are free to reproduce, use, disclose, and distribute the Feedback to others, without any limitation. You agree that we are free to use the Feedback for any purpose whatsoever, including without limitation, developing and marketing services incorporating Feedback without any obligation or payment to you.
C. RATINGS AND COMMENTS - Any ratings and comments of any member-contributed content you submit to the Website, becomes our property and treated as public information that may be associated with your account and your name. No insults, profanity, offensive or intolerant remarks are permitted while submitting comments, and if discovered, these submissions will be removed. At our discretion, we reserve all rights to permanently terminate your rights from using our Website if you breach this provision..
7. PERSONAL AND NON-COMMERCIAL LIMITATION OF USE
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any contents, including any elements of this Website's code, design and Member-submitted digital images, of this Website without our prior written consent.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. Member expressly agrees that use of this Website is at his or her sole risk. Neither CommittedPhotography.ca, its affiliates, content providers, nor any of their respective employees, agents, third-party content providers, or licensors warrants that use of this website will be uninterrupted or error free; nor do they make any warranty as to the products, services, or results that may be obtained from use of this Website or as to the accuracy, reliability, or content of any information, service, or merchandise provided through this Website.
B. This Website and its products and services are provided on an “As is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Distribution.
C. The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive, or illegal conduct of other third parties or other users of the website and that the risk of injury from the forgoing rests entirely with each user.
D. In no event will we or any person or entity involved in creating, producing, administering or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or losses) arising out of the use of or inability to use this Website, our Services or Products, or out of the breach of any warranty. You hereby acknowledge that the provision of this section shall apply to all content on this Website.
E. We neither endorse nor are responsible for the accuracy or reliability of any information on this Website. Under no circumstances will we be liable for any loss or damage caused a Member’s reliance on information obtained through the content on this Website or products and services through the content on this Website or products and services obtained through this Website.
F. We do not endorse, warrant, or guarantee any product or service offered by a third party through this Website and will not be a party to or in any way monitor any transaction between Member and third-party providers of products or services.
G. You specifically acknowledges that in no event will we, our affiliates, partners, and content providers, or any of our respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (a) the use by such Member of any browser owned or operated by any party and/or (b) the downloading of any files or software owned or operated by any third party in connection with the Service.
H. You agree that our liability along with our affiliates, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with this Website or the information in this Website shall not exceed the amount you paid to us for use of this Website.
You agree to indemnify and hold us, our staff, our agents and our contributors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from Member’s use of this Website or from Member’s violation of these Terms of Distribution or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive these Terms of Distribution and Member's use of this Website.
10. LINKS TO THIRD-PARTY SITES
11. This Website contains hyperlinks to other websites operated by parties other than us, and other resources and advertisers. Such hyperlinks are provided for your reference only. Since we have no control over such sites and information, we are not responsible for the availability of these external sites nor are we responsible for any of the contents, advertising, products, or other materials on such external sites. Our inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster. We are not responsible for the accuracy, legality, decency or copyright compliance of material contained in sites linked from this Website. You may submit to us your links to any questionable sites at email@example.com
12. COPYRIGHT, TRADEMARKS AND LIMITATIONS OF USE
The information and content included on this Website, including without limitation, text, graphics, images (except submitted by our Members), animations, computer programs, data, designs, logos and button icons, and its arrangement is the property of CommittedPhotography.ca or our licensors or contributors and is protected by copyright and other applicable laws, treaties, and conventions. All rights reserved. Information received through this Website may be displayed, reformatted, and printed for Member's personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information or content received through this Website to anyone, including but not limited to others in the same company or organization, without the express prior written permission from us.
Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of CommittedPhotography.ca or our clients. The URL "CommittedPhotography.ca" and the contents of this Website are the sole property of Committed Photography Inc. Reproduction in whole or in part is strictly prohibited without explicit written permission. All other trademarks appearing on this Website are the property of their respective owners, including, in some instances, Committed Photography Inc.
Content submitted to this Website by any Photographer is assumed to be a copyrighted property of the Photographer who submitted it. We cannot be held responsible for any issues that may arise due to possibility of any copyright infringements or other violations by the Website's Photographers.
13. MODIFICATION OF THESE TERMS AND CONDITIONS
We shall have the right at any time to impose, change, or modify the terms and conditions applicable to your use of this Website, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access the Website. We shall have the right at any time to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may or may not be given by means including, but not limited to, posting on the Website a revised version of this document, and notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your membership account as provided in the section below. Any use of this Website after such notice (other than to terminate membership pursuant to the section below) shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions.
You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software, or services.
1. You or Committed Photography Inc. may terminate your membership at any time. We will exercise our right to terminate memberships only (a) in the event of violation of any Terms of this agreement or any other agreement with us; (b) as the result of consistent and severe abuse of the Photo Submission Guidelines; (c) for acting against our business interests or reputation; (d) otherwise acting unlawfully in relationship to CommittedPhotography.ca. In most cases, we will attempt to warn a member via e-mail about member's actions before terminating membership.
Your only right with respect to any dissatisfaction with
• any terms and conditions of these Terms of Distribution, or any of our policy or practice in operating this Website,
• content available through this Website or any change therein, or
• amount or type of any fees or billing methods, or any change thereof,
is to terminate your membership by notifying us via email to firstname.lastname@example.org
and request termination of Service. Upon termination, all digital photographs, ratings, comments, and messages submitted by you to our servers will be deleted, regardless of the side initiating the act of termination. Your notice of termination will be effective upon receipt by us. We have no obligation to provide you with notice of termination or refund.
2. This Website reserves the right to refuse Service to anyone or any company for any reason. If this Website refuses to provide its Service to a registered Photographer, we will close the Photographer's and pay out any commission proceeds. If the Website refuses to provide its Service to a registered buyer, we will close the buyer's account.
3. The terms of the sections of these Terms of Service entitled "Copyright, Trademarks And Limitations of Use" and "Disclaimer of Warranties and Limitation of Liability", shall remain in effect after these Terms of Distribution have been terminated.
You shall be responsible for obtaining and maintaining all telephone or network, computer hardware and other equipment needed for access to and use of this Website and you shall be responsible for all charges related thereto.
16. ENGLISH LANGUAGE
The parties have requested that these Terms and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.