CONTENT UPLOAD CONTRACT
By selecting “I accept” when registering or using Repeatpatterns.com services you agree to be bound by this Agreement. Repeatpatterns.com (“we” and “us”) will provide hosting and payment facilities to you for the licensing of images and the sale of products bearing your images, on the following terms and conditions:
1. You authorize us;
(a) to determine a fair price for your design for sale and/or
use on our website. This information will be emailed to the
pending images’ message box in your account. The email
will contain instruction on what you need to do next. Once we receive
approval, which will be defined as a return email from you indicating
the given price is satisfactory, we will list the design for that
price, and
(b) to sell products bearing images from the Image Files (“Products”), at the prices set by us and agreed by you, all upon the commercial terms and conditions (http://www.repeatpatterns.com /contracts/) we set for licenses and Products posted on the Repeatpatterns.com website from time to time.
(c) If you make your images available as exclusive you’ll
receive 50% of the sale price when your submitted repeat makes a
sale. With production and sales bonuses you can earn up to 60% of the sale
price.
For Royalty free repeats you’ll receive 25% of the
sale every time your image is downloaded, and with production and
sales bonuses can earn up to 40%. Payments from Repeatpatterns.com
are done on the 15th of the month by check once the account accumulates
to $100.00 (USD) or more. At any given time, you will be able to
track your sales and commissions data on your account. Be sure to
understand that payments will not be made until your account accumulates
at least $100.00 (USD) or more.
2. Whenever new services become available your use of them will be under this Agreement unless we notify you otherwise. You will pay hosting and showcasing fees upon the commercial terms and conditions that may be posted on our website from time to time or we may cease providing facilities to you upon 15 days written notice given to the email address provided by you.
3. You will provide us with accurate and complete registration information and advise us promptly of any changes. If you don’t, you will be in breach of this Agreement allowing us to immediately terminate your use of our website. When you register you will receive a user name and password, which we may assign or allow you to select. You may not select a user name that violates anyone’s rights or, in our discretion, we consider offensive, improper or inappropriate. We can modify names or delete them if deemed inappropriate.
4. You are responsible for all use and activities associated with or arising from use of your user name and password including any unauthorized use.
5. You represent and warrant to us and to purchasers of licenses
and Products through us, for each Image File as follows:
(a) the Image File does not infringe any law or any
proprietary right of any other person including, without limitation,
any trademark, copyright, trade secret, right of privacy, or right
of publicity;
(b) you have and will retain all necessary copyright
in and to the Image File so as to allow unlimited nonexclusive licensing
and use of the Image File;
(c) in the event your design is listed for sale to
the buyer as exclusive, you agree to release all rights you have
to the copyrighted work and/or intellectual property to the buyer
for the buyer’s exclusive use. Once the sale is complete,
you will no longer own any rights whatsoever to the design. The
buyer will have the exclusive right to use the design in any way
and for any purpose they deem appropriate.
(d) to the extent that any Image File contains people
and other persons’ property, you have obtained the appropriate
model releases and property releases, unless otherwise noted; and
(e) the creators of the Image File have waived their
moral rights in favor of Repeatpatterns.com and purchasers of licenses
and Products.
6. You will indemnify and hold harmless Repeatpatterns.com
(which term includes its directors, officers, employees, partners
and agents) from and against any and all claims, liability, losses, costs
and expenses (including attorneys' fees) incurred in connection with:
(a) any misuse or abuse of the Repeatpatterns.com web
site by any person using your user name and password; or
(b) any breach of your warranties in this Agreement.
7. We reserve the right, at your expense, to assume the exclusive defense and control of any matter, which is the subject of indemnification by you, and in such case, you will cooperate in our defense of such claim.
8. We reserve the editorial right to remove any Image File from our website.
9. We are not liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use any Image File.
10. “Personal information” means any information relating to your use of our services and which specifically identifies you or your account. We may store and use your personal information for our own internal purposes and we reserve the right to access, monitor and retrieve password-protected information for compliance with this Agreement. We will not disclose your personal information, except as described in this Agreement, nor will we disclose information to others that will connect your user name with your actual name unless we are compelled by law. In our sole discretion, we still reserve the right to make exceptions, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities. We may sometimes aggregate information about our Pro Members and you agree we can make such statistical information to others, as long as we don’t identify you.
11. Either party may terminate this contract. Contributor may terminate the relationship, but understands that any designs/work that were sold through the site will remain on file with Repeatpatterns.com. The files will no longer be shown or for sale and will remain on file for a term that Repeatpatterns.com will determine, but in no event longer than 2 years.
12. You may opt for any designs/work to be removed for any reason. Any designs/work that were sold through the site will remain on file with Repeatpatterns.com. The files will no longer be shown or for sale and will remain for a term that Repeatpatterns.com will determine, but in no event longer than 2 years.
13. This Agreement is governed by the laws of the State of North Carolina. If a disagreement cannot be settled by mediation, you expressly agree to submit and attorn to the jurisdiction of the courts in Asheville, North Carolina.
14. If any provision of this Agreement is held invalid, the remainder of the Agreement will continue in full force and effect.