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Terms of Use
Your use of FeaturePics means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave FeaturePics.com (FeaturePics) immediately, not use the files herein, and/or not subscribe to this service.
1. Nature of Service

FeaturePics is an Internet tool for the realization of the free market; where an Artist is responsible for a product and supervises its price, and a Buyer completes this market by buying the Art.

A Buyer has a wide range of choices among pictures collected on FeaturePics. S/he has an opportunity to use the search engine to find that certain image among the themes and price points. The Buyer can store desirable images in the "Wish Box" fixing the price for the chosen pictures. When payment has been made, the Buyer can download the image repeatedly during 5 days.

2. Terms and Definitions

FeaturePics is an agent for licensing Artists' image rights to Buyers through http://www.FeaturePics.com.

An Artist is a FeaturePics website member who has uploaded at least one image.

A Buyer is a FeaturePics website member who has placed at least one image into his/her WishBox.

A Member is an Artist or a Buyer.

3. Using FeaturePics
3.1 Registration

Registration is optional; you don't need to register to browse. However if you browse FeaturePics, and decide to upload images, download images, leave messages or requests, you must be a registered member. Every Member shall provide FeaturePics with true, accurate, complete, and up-to-date information as to his or her email address during the registration process. Members also hereby agree to maintain and promptly update the registration data to keep it true, accurate, current and complete.

Please review our
Privacy Policy for more information.

4. Submissions to the Website
4.1 Children Prohibited
FeaturePics is only available to Artists who are 18 years of age, or older. If you are under 18 years old, please do not register for FeaturePics services.
4.2 Image uploading rules
  • By uploading images to FeaturePics, Artist thereby agrees with Image Licensing as stated at FeaturePics.com site (Royalty-Free, Royalty-Free Editorial, Royalty-Free Business Extension, Commercial Goods, Royalty-Free Business Extension, Editorial and Commercial Publications, Logo-Type Purposes, Royalty-Free Business Extension, iPhone/iPod/iPad/Android/other mobile devices Applications) and licensing images to FeaturePics partners who can sell single use 'Royalty Free Image Licenses' or 'Special Licenses' to their customers , via their API arrangement with FeaturePics.
  • By uploading an Image, Artist warrants that s/he is the owner of the copyright thereto. Content submitted to FeaturePics by any Member is assumed to be the copyrighted property of the Member who submitted it. FeaturePics is not responsible for any issues that may arise due to the possibility of any copyright infringements or other violations by FeaturePics Members.
  • By uploading content, Artist warrants that the content does not depict subject matter in a manner that violates any laws.
  • By uploading content, Artist warrants that the uploading was not done with the intent to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity.
  • By uploading a model/property release or otherwise representing that subjects depicted in an image file have consented to publication for whatever purpose, Artist warrants that the information is complete and accurate.

Please review our
Uploading Rules for more information.

4.3 Image deleting rules

Once an Image is uploaded, FeaturePics can sell licenses for 360 days. The Image may not be withdrawn during this period.

A request to delete images should be sent from the email address registered with featurePics. Please note, your request cannot be processed immediately. Approximately 2 weeks will be needed to withdraw the images from the search engine submissions. To protect our system resources we will not be able to delete more than 300 of your images per day.

Images sold exclusively on other sites will be deleted in 72 hours per your request.

Image quality requirements and submission rules may change from time to time. We reserve the right to remove images if they don't qualify under the current rules and have not been sold over the last year.

4.4 Compensation for Artists, Taxes, Promotional rates

FeaturePics will pay to the Artist the fee (commission rate) stated on FeaturePics.com at the time when the Image was uploaded.  

FeaturePics pays 50% of the license fee received for the images sold.

If Author agreed to provide custom illustration design he/she will be working behalf of FeaturePics and paid a regular 50% rate if not negotiated differently.

All tax withholding rules will be applied. Please submit your tax forms under "My Account/My Tax Form".

FeaturePics has no way to prove the delivery to the purchaser, if a refund is requested by a given Bank. All suspicious transactions will be marked as "pending". Pending period is 3 months (it is the time period that a Client may apply for a refund, or protest a transaction). Per Author's request the evidence of why a transaction is counted as "suspicious" can be provided. If a Bank requests a refund, the sale will be void. FeaturePics will provide the evidence of such a refund.

Artists should make requests for payment, if the payable amount totals a minimum of US $50.00 or more.
Payment schedule: We process payment requests made during the previous month, at the end of the current month.

Recipient pays money transfer fees. FeaturePics pays when the image is sold, artist pays when the payment is made.

Artist acknowledges that the rate is subject to change at the sole discretion of FeaturePics. In the event of the rate change, FeaturePics will provide a notice in advance by posting such changes on the Website.

Artist acknowledges that the rate is subject to change at the sole discretion of FeaturePics. In the event of a rate change, FeaturePics will provide a notice in advance by posting such changes on the Website.

FeaturePics.com reserves the right to negotiate a special non-exclusive RF Business Extension license on behalf of our Authors for a flat fee, if license usage is not covered by the basic RF Business Extension license (Commercial Goods / Editorial and Commercial Publications).

4.5 Artist Responsibilities
Artists are responsible for specifying license type and price and for submitting Model Release(s), and Property Releases.
4.6 Copyright
The copyright of all content uploaded by Artist is retained by Artist.
5. What FeaturePics can do with uploaded Images?
  • FeaturePics can display, make thumbnails, and accept payments for licenses.
  • FeaturePics can use uploaded images to create derivative works for marketing purposes.
  • Uploaded image thumbs may be used in editorial publications by FeaturePics.com. If an account has been deleted, we do not re-do our articles and withdraw thumbnails.
6. Buying from the website
6.1 Comping Images

Complimentary ("Comping") Images are medium- to low-resolution images that you can use to "try out" in your layouts to see how they will look, but they cannot be used for any finished project. FeaturePics permits Buyer to download without charge an Image for use in creating "comps" and for "pitching" a client.

Please review our
Comp License for more information.

6.2 Prohibited Uses
  • Transfer the rights to the Image(s) or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement.
  • Copy or reproduce the Image(s) or accompanying materials (if applicable),
  • Use the Image(s) in any way that could be considered defamatory, pornographic, obscene, immoral, or fraudulent.
  • Use the Image(s) or any part of it as part of a trademark, service mark, or logo.
  • Re-sell, distribute or sub-license the Image(s), accompanying material, (if applicable), or the rights to use the Image(s) to anyone for any purpose, except as specifically provided for elsewhere in this Agreement.
6.3 Paying options (we don't collect credit card information)
When you use a credit card at FeaturePics, your initial contact information is captured and retained in the FeaturePics database. FeaturePics retains only the last four numbers from your credit card number. No credit card numbers are maintained by FeaturePics.
6.4 Refund Policy
Under normal conditions license payments are not refunded.
The reason for this policy is because we offer instant and full access to the digital images you purchased.
There is no way for our products to be returned.
FeaturePics will consider exceptions to this rule if purchased digital image(s) are corrupted.
FeaturePics reserves the right to attempt to redownload the images to the buyer's satisfaction.
6.5 Responsibility for checking releases
Model and property release requirements vary from jurisdiction to jurisdiction. The Artist who uploads an image accepts complete responsibility for obtaining and uploading all required releases, if any. FeaturePics requires adherence to all laws, but does not police and is not responsible for infractions by others, if any.
6.6 Responsibility for checking image descriptions
FeaturePics is not responsible for the image descriptions submitted by Authors. All descriptions of animals, flowers, buildings etc., names should be verified before use.
6.7 Taxes
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of license granted to you, or of your use of the Image(s), pursuant to this Agreement.
7. Submitting Content (not Images)

Artists and Buyers of the Website can post content in Feedback, Alerts, and Work Products sections of FeaturePics. Our objective is to provide useful services to our Members, and we believe that only polite and civil submissions are appropriate to that end.

FeaturePics does not pre-screen, verify or edit the content posted by Members. FeaturePics and its agents reserve the right to investigate any violation of the FeaturePics Terms of Use and to take appropriate remedial action. However, primary responsibility for content rests with the Member who provides it. Do not reveal information that you do not want to make public. A general caution, any personal information that you post can be obtained and used by others.

Anything you post in these FeaturePics sections, you post at your own risk. The following list describes specifically prohibited uses, but can not be all inclusive, so please apply the "polite and civil" test prior to submitting content.

Prohibited Uses To publish, post, distribute, or disseminate:

  • any unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable material or information;
  • advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation;
  • software viruses, worms, trojan horses, time bombs or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
  • any non-public information about FeaturePics without the proper authorization to do so;
  • material that suggests or encourages illegal activity;
  • information that advertises or markets competitor services.
8. How FeaturePics manages accounts
8.1 Image acceptance

Uploaded Images are processed by the Artist and reviewed by FeaturePics prior to their being released for public viewing. The Artist provides description and classification information, as well as specifying price and licensing terms, and then submits the image for review. FeaturePics will make every effort to review every image within three business days after Artist submission for review.

A review can have any one of three outcomes:

  • The image is accepted and is immediately available for public viewing.
  • The image is conditionally accepted but the description is rejected. This image requires additional Artist supplied information prior to being released for public viewing. It can be resubmitted by the Artist.
  • The image is rejected. These images can only be deleted. They will not be released for public viewing. The most common reason for rejecting images is the image did not match the standards of the reviewer.
  • Images uploaded but not submitted for review within 1 month, will be deleted.
8.2 Termination of accounts
  • FeaturePics reserves the right to refuse Service to anyone or any company for any reason. If FeaturePics refuses to provide its Service to a registered Artist, FeaturePics will provide an explanation to the Artist.
  • If FeaturePics refuses to provide its Service to a registered Photo Buyer, FeaturePics will issue the Photo Buyer a refund for the cost of all account activation fees the Photo Buyer paid to FeaturePics, if any. Licenses purchased prior to the date of termination will not be refunded.
  • Any registered Member may terminate the membership at any time by sending email to: contact@FeaturePics.com. 90/180/360 days rule will be applied (4.3)
  • The terms of the sections of these Terms of Use entitled "Copyright", "Prohibited Uses", and "Disclaimers", shall remain in effect after a Membership has been terminated.
9. Indemnification
Member shall indemnify, defend and hold harmless FeaturePics, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorneys' fees and costs) and damages in consequence thereof.
10. Image objection
If an individual has an objection to an image on the site, for whatever reason, their first action should be to notify Featurepics by email (contact@FeaturePics.com), and the image will be immediately removed pending investigation of the issue.
11. Disclaimers
11.1 Limitation of liability

Neither FeaturePics nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of the license of Images, your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Member agrees to use Website at his or her sole risk. FeaturePics doesn't provide any warranty to the product, services, data storage, or results that may be obtained from use of this website.

11.2 No legal advice
The information supplied by FeaturePics on the website in regards to model and property releases is intended solely for information only. You are advised to seek legal advice before relying on any information contained in this help and advice.
11.3 No use trace

All parties acknowledge that FeaturePics cannot possibly trace or enforce any reliable checking methods to prevent unauthorized use of any images downloaded.

11.4 Adult Content
All models, actors, actresses and other persons on Images with adult content should be over the age of eighteen (18) years at the time of the creation of such Images. By signing "Upload Rules" The Artists agree they are aware their models on Images with adult content are at least 18 years of age.
12. Modification of These Terms and Conditions
FeaturePics shall have the right at any time to impose, change, or modify the terms and conditions applicable to Member's use of this Website, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access the Website. FeaturePics 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 Member, Member may terminate his or her 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 Member of such changes, modifications, additions, or deletions. Member agrees to review the terms and conditions periodically to be aware of such revisions. Member may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software, or services.
13. Entire Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Entire Agreement effective 11/22/2005.

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