Legal Information for Photographers and Illustrators
Cliparto Artist Agreement
Last updated: 03 Mar, 2011
The following is a legal agreement between a member ("You", "Artist") who provides photos, illustrations or other graphic or media materials ("Images") for the Cliparto Website ("Website") and the Website's operator Cliparto Ltd ("Cliparto", "We") which governs the uploading of Images. By filling out an Artist Application Form and becoming an Image Provider (Seller) You agree to be bound by the terms of this Agreement. If You do not agree with these terms, terminate this Agreement and remove your Images immediately.
Both parties acknowledge that from time to time the Artist may upload photographs or graphics to the Website, and Cliparto will inspect these uploads to see if they are suitable for distribution by Cliparto. The policies behind this procedure are described in the Sell Images section of the Website.
The Artist authorizes Cliparto to be his/her non-exclusive agent that licenses royalty free Images to third parties based on the Terms of Royalty Free Licenses which are provided by Cliparto and which are the integral supplements of this Agreement. In addition to this, the Artist allows Cliparto to use, distribute, publish, sell and sublicense these Images to affiliate, partner and third parties. The Artist also acknowledges that these images may be used for promotional purposes for the Website or at the online gallery of the Artist.
The Artist acknowledges that Cliparto does not allow the upload of derivative Images and the upload of Images that infringe on any copyright, property right, trademark or any other applicable right of any third party. You are solely responsible for the Images You upload. You warrant that You own all proprietary rights regarding the Image, and as for Images depicting an identifiable person (or a property that requires an according permission) that You have a valid, legal and signed according Model/Property release from those parties that You must upload with the Image. Cliparto reserves the right to reject any Image depicting people that does not have a corresponding Model release.
We also reserve the right to remove any uploaded Image at any time if We believe it's defective, of poor quality or infringe on any right, or by another reason. Serious copyright infringement issues result in the termination of this Agreement, the termination of your membership, the confiscation of all earnings and possible criminal prosecution.
Cliparto agrees to pay a certain amount of commission to the Artist based on the Price paid to download and use your Image by customers of Cliparto or its partners. The commission rates can be found at the Sell Images section of the Website. Cliparto reserves the right to change the commission rates with a written notice at the Sell Images section of the Website. You acknowledge that You can retrieve your earnings only after they have reached $20 and when thirty (30) days period was passed after that first earning took place. Cliparto does its best to process your payment requests within fourteen (14) working days.
Both parties can terminate this Agreement for any reason with a written notice. Upon termination Cliparto agrees to remove Your Images from the Website during seven (7) working days and to send You your remaining earnings from your balance even they did not the reach minimal amount for payment as stated in Comission section of this Agreement.
Cliparto shall use reasonable efforts to have your Images removed from the websites of any Cliparto affiliates (including co-branded websites) within ninety (90) days of the removal of your Images from the main Cliparto website. Any licenses issued by Cliparto or its affiliates in respect of any your Images will remain in full force and effect.
You acknowledge that if your membership account was also terminated by Cliparto because of copyright infringement or other kinds of serious - or even malicious - acts, your earnings and account funds will be confiscated.
You agree to indemnify, defend, and hold harmless Cliparto and its officers, employees, shareholders, directors and suppliers 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 and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.
Warranty and Liability
The Website and the Images are provided "as is". We offer no warranty, explicit or implied, regarding any Images, the Website, 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. Cliparto does not represent or warrant that the Website or the Images will meet your requirements or that their use will be uninterrupted or error free.
Cliparto shall not be liable to You or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Website or the Images.