TABLE OF CONTENTS

DEFINITIONS

§ 1 RIGHTS AND LICENSES

§ 2 PHOTOGRAPHER ACCOUNT

§ 3 PRIVACY POLICY

§ 4 PRICES

§ 5 LIMITATION OF LIABILITY

§ 6 GENERAL TERMS AND CONDITIONS

By registering to FotoPressArt, you confirm you are over age of 18 years and you agree to be legally bound by our terms of this Agreement. If you have not read the Agreement please do not proceed with your registration at this time. If you have questions please contact FotoPressArt.

This Agreement describes terms and condition of legal relationship of you (Photographer) with FotoPressArt (FPA), the rights Photographer is granting to FPA in any picture, video, artwork and other including all relevant details like keywords, meta-data, titles and how FPA may use of those Media and obligations of both parties.

FPA reserves the right to amend the Agreement if such is required. FPA will notify Photographer of the changes 30 days prior to the effective date by e-mail or announcement on FPA home page. Photographer agrees to be bound by all such changes. If the Photographer does not agree with any of the changes, the Photographer is required to remove from FPA all or some of his/her Media to which he/she doesn't wish the changes to apply and inform about it FPA by sending an e-mail to biuro@fotopressart.com

DEFINITIONS

Photographer - a person (you) with legal capacity, who offers photos, which owns the copyrights and the right to present and sale the work on the FPA .

Buyer - a person or legal body, on which behalf an authorized person is acting, with legal capacity, who purchase Licenses or Media from FPA.

FPA – Agencja FotoPressArt Robert Gajda registered at Wspólna 34G, 05-135 Komornica, Poland (REGON: 141586545) and provides the internet service under address http://www.fotopressart.com

License - terms and conditions of using Media downloaded from FPA and defined in End User License Agreement.

Media - digital versions of photographs, videos, text, graphics, illustrations, pictures and other artworks offered by FPA in the form of computer files, which can be displayed or printed using computers and relevant computer peripherals. The Media can be downloaded from FPA service or ordered on a disk such as but not limited to CD, DVD, BlueRay and other offered in FPA service.

§ 1 RIGHTS AND LICENSES

1. The Photographer confirms ownership of copyrights to Media contributed to FPA and has rights to dispose of them.
2. The Photographer grants FPA a worldwide license and rights to reproduce, publicly display, promote, publish, market, sub license Media provided by the Photographer to FPA on all fields of operation until termination of this Agreement.
3. The Photographer grants FPA a right to publicly display, promote and sell on behalf of Photographer's Artworks provided to FPA without limitation to the country or territory.
4. The Photographer further grants FPA a worldwide, non-exclusive right to use Photographer’s name, Media in connection with FPA marketing and promotional activities without the payment of any compensation to the Photographer.
5. FPA in the exercise of its discretion may refrain from any or all of the rights described in points 1 to 4 without any liability to the Photographer.
6. The Photographer gives permission to FPA to add, modify or remove information related to Media in order to manage, sale and license them.
7. FPA shall have the right, but not the obligation, to license all Media to its customers for use in accordance with FPA licensing policy.
8. The Photographer agrees to provide valid and accurate model releases for all Media contribute to FPA that contains an identifiable face or identifiable human figure or other identifiable attribute. Media without a model release that depicts an identifiable person may be accepted for "Editorial Use Only" by FPA in its sole discretion. The Photographer agrees that all Media submitted to FPA for "Editorial Use Only" shall faithfully depict the subject and be accompanied by accurate titles, description and keywords.
9. The Photographer agrees to be solely responsible for retaining all original model releases and maintaining complete and accurate model release records.
10. The Photographer will deliver electronically a model releases to FPA. The submission of falsified, inaccurate or otherwise defective model releases is a material breach of the Agreement and can result in the immediate termination of the Agreement without notice.
11. The Photographer confirms that people depicts on the Media will not claim any rights in case of publication and agrees to pay all justified claims made by third parties in case of violation of their rights by the publication of the Photographer's Media without proper model release.
12. The copyrights to Media and Artworks remain with the owner of such copyrights and are not transferred to FPA under this agreement

§ 2 PHOTOGRAPHER ACCOUNT

1. FPA will create a Photographer’s account based on data provided by the Photographer during registration.
2. FPA has the right to refuse to establish an account or to close any existing account in case of
1. violation of a third party's rights including those of privacy or publicity,
2.  fraud,
3. intellectual property infringement,
4. submission of Media that are obscene in nature, violent or that might be construed as defamatory,
5. failure to comply with FPA's guidelines,
6. for any breach of the terms of this or any other agreement between Photographer and FPA,
7. for convenience.
3. The Photographer uploads, removes and manages Media in the account.
4. FPA has a right but not obligation to approve the new downloaded Media before they are made available for FPA customers. The Media that violates the law and FPA polices will not be accepted and will be removed from FPA.
5. The Photographer can have only one account and in case of termination of the account a written authorization from FPA is required prior to establishing another account.
6. The Photographer may have access to the following functions of the account:
1.  Media manager
2. Online Sales Report
3. Account profile
4. Portfolio
7. The Photographer agrees to read the instruction how to use the account functions available in Photographer/ Instruction page and operate the account accordingly with the instruction. The instruction is only available for registered Photographers. The knowledge of managing Photographer account is mandatory for proper presentation and pricing of Media. Any questions regarding FPA service features available for Photographer please send to biuro@fotopressart.com.
8. FPA reserves the rights to limit the access to service functions or reject the Photographer’s Media if its quality and content doesn’t meet FPA’s requirements. In particular:
1. If the Media are low resolution (below 4.0 megapixels) or the resolution is artificially increased.
2. If Photographer uploaded several version of the same picture e.g. same scene  but different color version only or small variation of angle,
3. If Media are with date stamps, your copyright watermarks or artificially added elements like frames.
4. If the Media are wrongly exposed or not in focus.
5. If Media keywords are wrong or misleading or the keywords are too general to properly identify content of Media. The Photographer agrees to keyword Media in English or Polish language only.
6. If Photographer uploaded Media for “Editorial Use Only” without detailed description of the event and Media’s content.
7. If there is noise, dust or scratches on the Media which is classified as poor quality.
8. If the chosen category for Media is wrong.
9. If Photographer misused FPA service.
10. If Photographer priced the Media in such a way it may damage FPA’s reputation or business.
11. If the Media may breach any law.
12. If the Media and especially Media with children don’t have a proper model release and are not Media for Editorial Use Only.

§ 3 PRIVACY POLICY

1. FPA is committed to protecting Photographer privacy. FPA will not use any personal information for any purpose other than for which it is submitted. FPA uses personal information to replay to enquirers, handle complaints, provide operational notice and in program record-keeping.
2. FPA collects following information: IP address, access time, information about FPA pages viewed, Photographer name, address, e-mail address and phone number collected during registration. FPA can also collect account numbers if needed for transactions payment. FPA does not sell, trade or rent any personal information to any other party.
3.  Photographer can view and edit personal information using Profile function in Photographer menu.
4. FPA service uses cookies to help Photographer use our service. A cookie is a small text file loaded on device. It contains information that is used by our web server. Photographer can accept or decline cookies, by changing settings of browser. Blocking cookies may result in some malfunction of FPA service.
5. FPA physical, electronic and managerial procedures have been employed to safeguard the security and integrity of personal information. Although FPA takes the security of personal information seriously, FPA will not be held liable for any loss or misuse or any information supplied to FPA. To minimize Photographer's on line risk, FPA recommends to use a unique username/password for each site Photographer holds accounts with and to change the password on a regular basis. Personal information is accessible by staff designated to handle on line complaints or requests. All of our staff members with access to personal information obtained on our web site are also bound to adhere to our polices.

§ 4 PRICES

1. FPA is providing a general pricing tool to quote the License fees.
2. The Photographer may choose a licensing scheme i.e. Royalty Free or Rights Managed and a base price for such licensing for uploaded Media.
3. FPA reserve the right to apply different price if such is required by the market. In all such cases FPA will inform Photographer about the new price and ask Photographer for a written approval of new price, before the Media is publicly available in FPA service.
4. FPA will pay the Photographer 90% of License fee charged to FPA’s customer for use of Photographer’s Media.
5. The Photographer and FPA are responsible for reporting and paying all related income taxes on their own in portion. If possible the Photographer shall provide FPA with an invoice for Media sold within maximum seven (7) days from the day the License was sold. The total value of such invoice should not exceed 90% of License fee charged to FPA’s customer.
6. In special cases FPA and Photographer may sign a dedicated agreement for purchasing the Media.

§ 5 LIMITATION OF LIABILITY

The FPA service is provided to the Photographer as is. Except as expressly stipulated herein, FPA makes no representations or warranties whatsoever, express or implied, relating to the use, performance or results which may be obtained through the use of the FPA service. FPA expressly disclaims all warranties, including but not limited to merchantability and fitness for a particular purpose. FPA shall in no event be liable to the Photographer under any circumstances for any lost profits or any indirect, special, consequential or punitive damages including, without limitation, loss or alteration of data, interruption of business and/or loss of employee work time. In any event, the total liability of FPA shall not exceed the aggregate payments received by FPA hereunder. This disclaimer applies without limitation regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and regardless of whether such damages are or were foreseeable.

§ 6 GENERAL TERMS AND CONDITIONS

1. FPA shall have the right to terminate the Agreement immediately without notice in the event that Photographer breaches any of the terms and conditions of this Agreement.
2. This Agreement, its construction, performance, scope, validity and effects are governed and shall be construed in accordance with the laws applicable and in force in the jurisdiction of the location of FPA i.e. Poland.
3. The Agreement is concluded for an indefinite period of time.
4. FPA reserves the right to change this Agreement if such is required. The changes will apply for all new Media offered by the Photographers after the date of their implementation. The Photographer agrees to read and understand all the changes and accept them before uploading new Media in FPA service.
5. This Agreement and all documents and notices in connection therewith will be drawn up in Polish and in case of international transactions in English and Polish. In case of disputes Polish language applies only.
6. This Agreement is governed by and shall be construed in accordance with the laws related to the registration place of FPA i.e. Poland. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within Poland and not elsewhere.
7. Any questions or concerns regarding the contract should be sent to FotoPressArt