Photographer Area / submit.megastockphotos.com

Terms and Conditions


SUBMITTER/PHOTOGRAPHER JOINING TERMS AND CONDITIONS -- THE AGREEMENT

THE FOLLOWING IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DREAMSTOCK. ("DREAMSTOCK.COM"). PLEASE ENSURE YOU READ THE AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY.

THIS AGREEMENT WHICH MAY BE AMENDED FROM TIME TO TIME DESCRIBES AND CONTROLS YOUR LEGAL RELATIONSHIP WITH DREAMSTOCK, THE RIGHTS YOU ARE GRANTING TO DREAMSTOCK IN ANY PHOTOGRAPHS, IMAGES, VECTORS, VIDEOS OR OTHER MEDIA SUBMITTED BY YOU TO DREAMSTOCK ("SUBMITTED CONTENT") AND WHAT USES DREAMSTOCK MAY MAKE OF THE SUBMITTED CONTENT. THIS ELECTRONIC DOCUMENT ALSO EXPLAINS YOUR OBLIGATIONS TO DREAMSTOCK AND DREAMSTOCK'S OBLIGATIONS TO YOU, INCLUDING THE OBLIGATION TO PAY YOU AS HEREINAFTER SET FORTH.

DREAMSTOCK does not permit contributors to upload to its website any material which could infringe any rights of third parties. By uploading images to “DREAMSTOCK.COM” website, you warrant that you have full rights to all images including copyright, right to publicity and any other applicable in law. By uploading images to this website, you grant to DREAMSTOCK the non-exclusive license to put uploaded images (and all information added to the images) on its website, making them available online to clients. This includes distributing them via different channels to clients, as well as sub-licensing the uploaded material to clients or affiliates. You agree that there are no financial compensations to be paid to you as contributor or to any third party, by DREAMSTOCK or its owners, directors or employees, for the license granted herein, unless your images are downloaded and you reach the payout limit. DREAMSTOCK reserves the right to remove any accepted picture from its website without prior notice to the contributor and without having to justify it to the contributor. DREAMSTOCK also has the right to refuse to establish an account or to close any existing account, for fraud, copyright infringement, violation of a third party's rights of privacy or publicity, artificially inflating downloads, repeated submission of material that is obscene in nature, violent or that might be construed as defamatory or for any breach of the terms of this or any other agreement that you have with DREAMSTOCK. If your account is terminated for any reason you must obtain authorization from DREAMSTOCK prior to establishing another account. If you attempt to establish another account without obtaining such authorization, DREAMSTOCK may permanently ban you from this website and its affiliated websites and services. DREAMSTOCK may modify the royalty rate and/or payment schedule at any time without notice. DREAMSTOCK cannot guarantee the error-free operation of this website, nor can DREAMSTOCK guarantee that available services will be provided without any interruptions. DREAMSTOCK acknowledges to pay royalties to the contributor when ever their material is downloaded per unique buyer. The contributor cannot request the payment before their balance reaches $50 USD. Representations and Warranties: You represent and warrant that:

1. you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
2. you are under no legal disability or contractual restriction that prevents you from entering into this agreement;

DREAMSTOCK represents and warrants that:

It has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder. Indemnification: DREAMSTOCK and you shall each indemnify and hold harmless the other from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of its representations or warranties or any of its obligations pursuant to this agreement, provided that, except in the case of third party claims, neither party shall be liable for any incidental, consequential, or special damages. In any case in which indemnification is sought, the indemnified party shall:

1. promptly notify the indemnifying party of the claim (provided that the failure to do so shall not relieve the indemnifying party of its obligations hereunder except to the extent such failure to notify materially prejudices the indemnifying party);
2. afford the indemnifying party the opportunity of defending such claim and controlling the litigation, settlement or other disposition of such claim (provided that any settlement shall require the indemnified party's consent).

If the indemnifying party does not elect to defend such claim, then the indemnified party may do so at the indemnifying party's sole expense. The indemnified party may participate in any such action with its own counsel at its expense. The relationship of the parties is that of independent contractors. This agreement:

1. contains the entire understanding of the parties with respect to the subject matter covered herein and supersedes any prior agreements with respect to such subject matter;
2. shall be governed by the laws of the State of NSW, AU without regard to applicable conflicts of law provisions.

The parties agree that any disputes arising from this agreement shall be resolved in the applicable courts of the State of NSW, in Australia and agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available. If any part of this agreement is held void or unenforceable, it shall not affect the validity of the balance of the agreement. This agreement shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns. DREAMSTOCK will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your Submitted Content. Modifications: DREAMSTOCK reserves the right to modify these terms at any time without notice. You agree to be bound by all such changes.