Overview of Service
SubmitPicsForCash (“SubmitPicsForCash” or “we”) offers a platform for registered Users (“you” or “Users”, which include both licensees (“Buyers”) and licensors (“Sellers”)) to license photography Content (defined below) in an online marketplace. Buyers can create and publish requests for specific types of photos (each a Request), and Sellers can submit Content in response to a Request, for possible license. In addition, SubmitPicsForCash hosts a collection of photos that it makes available to all Buyers for possible license through a searchable collection of photos. Photographers or other Content owners can establish and upload their Content to an online profile, where such Content may be licensed by Buyers directly from the applicable Seller. Further information on how Users can create a submit Content, and license Content can be found below or in our FAQ's.
Provided you use the Marketplace Content in accordance with these Terms of Service, SubmitPicsForCash provides Buyers with an indemnity from any claim based on its use of such Marketplace Content - up to $10,000.
CONTENT SELLERS RETAIN ALL OWNERSHIP IN THE CONTENT UPLOADED AND ONLY GRANT LIMITED RIGHTS TO SubmitPicsForCash AND BUYERS AS DESCRIBED IN THE CONTENT LICENSE TERMS OUTLINED BELOW AND AS OTHERWISE COMMUNICATED BETWEEN A BUYER AND SELLER (E.G., IN A PARTICULAR REQUEST).
Acceptance of Terms
YOU AGREE THAT DISPUTES BETWEEN YOU AND SubmitPicsForCash WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION. FOR FURTHER INFORMATION PLEASE CONSULT THE “ARBITRATION” SECTION BELOW.
You must be at least 18 years old to register to use the Service. If you are registering to use the Service on behalf of a legal entity, (i) you must be the authorized representative of such entity; and (ii) with respect to any Buyer, have the full power and authority to bind Buyer to the License Grant; and (iii) if Buyer subsequently disputes such power or authority, you shall be liable for any failure of Buyer to comply with the terms of this Agreement.
SubmitPicsForCash may, in its sole discretion, refuse to offer the Service to any person or entity and may change the eligibility criteria at any time.
From time to time, SubmitPicsForCash may change these Terms of Service. You agree that the updated terms of service (“Updated Terms”) shall become effective as of the date they are posted. SubmitPicsForCash will give you reasonable notice before any Updated Terms become effective unless the changes are for legal or administrative reasons. If you object to the Updated Terms, your sole recourse is to terminate your use of the Service. SubmitPicsForCash recommends that you check the Service from time to time to inform yourself of any changes in these Terms of Service or any of our other policies.
SubmitPicsForCash takes reasonable measures to ensure that the Service is accessible 24 hours a day, seven days a week. We reserve the right, at our discretion, to take necessary technological, maintenance or security measures that may affect the accessibility of Service, including shut down of the Service. We will store digital files (including but not limited to images, graphics, audio and video clips, text and data (collectively, and including all Marketplace Content and Profile Content, “Content”) uploaded by a User to the Service in the same format as uploaded, but we will not be responsible for any loss, damage or alteration of the Content that occurs during the file transfer to or from our servers.
You are solely and fully liable for all conduct, Content, Requests, User profiles and transactions that are made under your username and password. You are solely responsible for keeping your passwords safe and secure. You agree that while using the Service you will comply with the following rules:
You agree not to permit any third party to do any of the foregoing. SubmitPicsForCash reserves the right to terminate the Service, Requests or remove any Content that does not comply with these Terms of Service or for any reason by SubmitPicsForCash, in its sole discretion.
SubmitPicsForCash will not remove any attribution with respect to Sellers' Content uploaded to the Service if provided by Seller. Buyer agrees that it shall provide attribution to the Seller in connection with any editorial use of Content licensed via SubmitPicsForCash, unless the Seller waives any right to attribution directly. Notwithstanding the above, SubmitPicsForCash shall not be responsible if the Buyer fails to credit the Sellers
Each Buyer that purchases Content, creates a Request or each Seller that uploads Content to the Service agrees to grant the following licenses where applicable:
A. License to SubmitPicsForCash for use in the Platform: A worldwide, non-exclusive, royalty-free, transferable license to reproduce, distribute, display and to create derivative works of Content uploaded to SubmitPicsForCash in connection with its offering of the Services, including for promoting the Service; and/or redistributing the Service through third parties in any format and through any distribution channels.
B. License To SubmitPicsForCash for the Marketplace: A worldwide, royalty-free, transferable license (that is exclusive in the case of Premium Content) to reproduce, distribute, publish, transmit and display (in whole or in part) and to create derivative works of the Content uploaded by Sellers (collectively 'use') with the right to grant sublicenses to licensees to use the Content, in all media throughout the world, for all legal purposes, other than those uses prohibited below under Prohibited Uses. This grant of rights includes the right to permit SubmitPicsForCash to use the services of third party distributors to offer selected Content for licensing.
Each Seller grants to each Buyer: A. A worldwide, non-exclusive, royalty-free license to grant access to the Content through the Service for review purposes (as defined in this agreement); and b) upon selection of Content for license by a Buyer and payment therefor, a perpetual, non-exclusive, non-transferable, non-sub-licensable, royalty-free worldwide personal and commercial license to, reproduce, distribute, publish, transmit and display, in whole or in part, the Content, and create derivative works from the Content in any and all media for all legal purposes other than those uses prohibited below under Prohibited Uses (including, without limitation, Permission Status limits. In addition, a Buyer may store the Content in a closed digital library, network configuration or similar arrangement to allow the Content to be viewed by employees, partners and clients of Buyer only, and so long as there are no more than ten (10) users accessing the Content at one time. Buyer must purchase additional seat licenses if there are more than ten (10) Users before such additional use begins. For additional seat licenses, please contact us. All rights to the Content shall continue to be owned by the Seller, subject to your rights to use the Content as permitted under this limited license.
Seller grants, for a period of thirty (30) days, a non-exclusive, non-sublicensable, non-transferable and non-assignable right to use any selected Content made available as a protected and water marked file, and any derivatives or copies created (collectively, the "Licensed Content"), on your personal computer and, in any test, sample, comp or rough cut evaluation materials. The Content may only be used non-commercially, in materials for personal evaluation purposes or sample use only, including layouts.
All licenses to the Content granted by a Seller to SubmitPicsForCash according to the above shall automatically terminate when the Seller or SubmitPicsForCash, as the case may be, removes or deletes the Content from the Service. Termination or removal of Content by a Seller shall not affect any previously granted licenses to Buyers. Please review our FAQs for more information regarding management of Your Content and your profile.
Payment of License Fees. License Fees are collected directly by SubmitPicsForCash via the payment facilitator at the time the transaction occurs. The Transaction Fees are automatically deposited into SubmitPicsForCash’s escrow account and distributed to Seller via the Seller’s chosen SubmitPicsForCash-supported payment facilitator. All sales are final and there is no cancellation once a license transaction has occurred. The License Fees paid to the Seller for the Content is taxable income in most countries. Sellers who receive License Fees shall be liable for ensuring that all payments of tax, and other payments are duly remitted in accordance with the applicable legislation of their country and region.
SubmitPicsForCash does not employ Users in any way.. As such, SubmitPicsForCash will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with Your use of the Service or any transactions in connection therewith. You understand and agree that if SubmitPicsForCash is found to be liable for any tax or withholding tax in connection with Your use of the Services, then you will immediately reimburse and pay to SubmitPicsForCash an equivalent amount, including any interest or penalties thereon.
The Seller represents and warrants that (i) it is the original creator of the Content and that it holds all rights in and to the Content; (ii) it has the legal right and capacity to enter into these Terms of Service; (iii) the Content does not infringe upon any copyright, trademark, moral right, right of privacy or publicity or other intellectual property right of any third party and (iv) it has obtained, where applicable, a valid written model or property release from any relevant third party subject, co-owner or otherwise sufficient to license the Content through the Service (the “Releases”).
Each User (Buyer or Seller) agrees to defend, indemnify and hold harmless SubmitPicsForCash, its affiliates, and their respective officers, directors, members, employees and agents, licensees, customers, and other Users from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorney’s fees) arising from your use of the Service; your use of the Content in violation of these Terms of Service; or your violation of any third party rights, including copyright, trademark right of publicity or privacy, or other third party intellectual property right; this defense and indemnification obligation will survive these Terms of Service and your use of the Service and the use of any Content.
SubmitPicsForCash represents and warrants that the Content (as submitted and unaltered by Users) that is downloaded and used in full compliance with this Agreement and applicable law will not infringe any copyright, trademark or other intellectual property right, and such unaltered Content does not violate any third parties' rights of privacy or publicity; and (b) unaltered Content does not and will not: (i) violate any US law; (ii) be defamatory or libelous; or (iii) be pornographic or obscene.
Provided that Buyer is not in breach of the Terms of Service, SubmitPicsForCash shall defend, indemnify, and hold Buyer harmless up to the "Limits of Liability" (as hereinafter defined) arising out of or directly connected to any actual or threatened third party lawsuit, claim, or legal proceeding for direct damages together with expenses (including reasonable outside attorney’s fees) based on SubmitPicsForCash’s breach of its representations and warranties under this Agreement. This indemnification is conditioned upon you notifying SubmitPicsForCash, in writing, of any such claim or threatened claim, no later than ten (10) days from the date you know or reasonably should have known of the claim or threatened claim including all details of the claim then known to you. The notification must be emailed to SubmitPicsForCash at support@submitpicsforcash. SubmitPicsForCash shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with SubmitPicsForCash in the defense of any such claim and shall have the right to participate in any litigation at your own expense. SubmitPicsForCash shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein. SubmitPicsForCash shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or the context in which the Content is used by you. SubmitPicsForCash’s total maximum aggregate obligation and liability to any one User for all claims shall be limited to Ten Thousand United States Dollars - US$10,000.00 - (the "Limits of Liability").
Upon notice from SubmitPicsForCash, or upon your knowledge that any Content is subject to a threatened, potential or actual claim for which Content owner or SubmitPicsForCash may be liable, you must immediately and at your own expense (a) stop using the Content; (b) delete or remove the Content and any uses of the Content from your premises, computer systems and storage (electronic or physical); and (c) ensure that your clients, partners and any entity to whom you’ve provided Content do likewise. SubmitPicsForCash shall provide you with replacement Content (which shall be determined by SubmitPicsForCash in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
OTHER THAN AS SET FORTH IN INDEMNIFICATION ABOVE, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SubmitPicsForCash AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT OWNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SubmitPicsForCash, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT OWNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SubmitPicsForCash. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from SubmitPicsForCash, you do so at your own risk and you agree that SubmitPicsForCash will have no liability arising from your use of or access to any third-party website, service, or content.
Any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service shall be resolved by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SubmitPicsForCash ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms of Service are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Service, you agree to resolve any dispute you have with SubmitPicsForCash exclusively in a state or federal court located in Santa Barbara, California, and to submit to the personal jurisdiction of the courts located in Santa Barbara County for the purpose of litigating all such disputes.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. SubmitPicsForCash's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. SubmitPicsForCash reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with SubmitPicsForCash.
To file a complaint or to receive further information regarding use of the Service, contact SubmitPicsForCash via e-mail at firstname.lastname@example.org