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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.
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1. Nature of Service
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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.
An Artist uploads an image, establishes a price (optionally changes that price),
and licenses the image, alone or as part of a collection of images. FeaturePics
provides continuously updated statistics regarding Buyer requests and license
sold price points to assist the Artist with pricing decisions.
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.
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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.
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3.1 Children Prohibited
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FeaturePics is only available to users who are 18 years of age, or older. If
you are under 18 years old, please do not register for FeaturePics services.
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3.2 Registration
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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.
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4.1 Image uploading rules
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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.
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4.2 Image deleting rules
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Once an Image is uploaded, FeaturePics can sell licenses for 90 days. The Image
may not be withdrawn during this period.
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4.3 Compensation for Artists, Taxes, Promotional rates
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FeaturePics will pay to the Artist the fee (commission rate) stated on
FeaturePics.com at the time when the Image was uploaded.
FeaturePics pays 90% of the license fee received for all photos
uploaded before Nov, 22 2005.
FeaturePics pays 70% of the license fee received for all photos
uploaded after Nov, 22 2005.
Artists should make requests for Payment, if the payable amount totals a
minimum of US $50.00 or more. FeaturePics will audit payment requests every
Monday and make payment of owed fees the following week (within seven calendar
days).
Before compensation for each new sale becomes eligible for payout, a 7 day
holding period must elapse.
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 in 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.
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4.4 Artist Responsibilities
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Artists are responsible for specifying license type and price and for
submitting Model Release(s), and Property Releases.
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4.5 Copyright
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The copyright of all content uploaded by Artist is retained by Artist.
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FeaturePics can display, make thumbnails, and accept payments for licenses.
FeaturePics can use uploaded images to create derivative works for marketing
purposes.
All images used in FeaturePics marketing publications will have a link to the
Artist's page on the FeaturePics site.
Uploaded Images can be sold in Collections.
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6.1 Comping Images
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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.
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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.
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6.3 Paying through Authorize.Net (we don't collect credit card information)
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When you use a credit card at FeaturePics, your initial contact information is
captured and retained in the FeaturePics database. However, the final stage of
the transaction takes place on the Authorize.Net website and FeaturePics
retains only the last four numbers from your credit card number. No credit card
numbers are maintained by FeaturePics.
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6.4 Refund Policy
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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.
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6.5 Responsibility for checking releases
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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.
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6.6 Taxes
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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.
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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.
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8.1 Image acceptance
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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.
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8.2 Termination of accounts
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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 days rule will be applied (4.2)
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.
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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.
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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.
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11.1 Limitation of liability
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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.
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11.2 No legal advice
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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.
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11.3 No use trace
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All parties acknowledge that FeaturePics cannot possibly trace or enforce any
reliable checking methods to prevent unauthorized use of any images
downloaded.
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11.4 Adult Content
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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.
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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.
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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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