CONTRIBUTOR AGREEMENT
Background
The www.housmedia.com website (the "HousMedia Solutions LLC Website") is a searchable collection of images to users of stock photography subject to the payment of licensing fees. The images were previously provided by Housmedia
You are first required to register on the Housmedia Website as a "Member" in order to enter into this agreement to upload Images for licensing by HousMedia Solutions LLC.
This document governs the terms and conditions under which you may upload Images and forms a legal agreement (the "Contributors Agreement") between Housmedia and you.
This Contributors Agreement is in addition to the Website Terms & Conditions and the Membership Agreement that you have previously accepted. In the event of any inconsistency between this Contributors Agreement and the Membership Agreement and/or the Website Terms & Conditions (both of which are hereby incorporated into this Contributors Agreement), the terms of this Contributors Agreement will prevail.
You are required to read this Contributors Agreement and accept all of its provisions before you may upload any Image to the HousMedia Solutions LLC Website. By so doing, you confirm that you will abide by and be bound by this Contributors Agreement.
Definitions
Image Definitions:"Image" means a picture or image created by you through photography, computer imaging, drawing, painting or any other form of illustration or depiction which you desire to market commercially through HousMedia Solutions LLC as contemplated in this Contributors Agreement.
"Accepted Image" means an Image delivered by you to Housmedia and edited and accepted by Housmedia.
Your Warranty of Copyright
You hereby warrant to HousMedia Solutions LLC that:
You are the sole and exclusive owner of all images delivered to housmedia and of all right, title and interest (including copyright) in them;
You have the exclusive right to sell or license each of the images;
The images are original creations by you and do not infringe on the copyright.
The images do not include elements that are the copyright of another person, unless such elements are permitted by the copyright owner to be included in other copyrighted works; and
Would be deemed by an industry professional to be either insignificant or unrecognizable within the respective image;
All necessary permissions and releases have been obtained in order to permit the licensing of the images and their subsequent reproduction and publication, as contemplated in this contributors’ agreement, unless otherwise indicated in writing at the time of their submission to housmedia;
You have not granted to any other person any right to or interest in any image which conflicts with any of the rights granted to HousMedia Solutions LLC under this contributor’s agreement; and by entering into this contributor agreement, you are not in breach of any prior or extant representation agreement or licensing agreement with any stock image library, licensee, representative, agency, or other person in the world.
Delivery of Images to HousMedia Solutions LLC
You will deliver images to housmedia at your sole expense during the term of this contributor’s agreement.
You will edit images carefully to eliminate technically deficient images.
You will edit images so as to provide a complete representation of the subject matter presented while reducing the selection to provide a reasonable variety of images consistent with the editing direction provided by housmedia in its instructions and tutorials to contributing contributors.
Will submit images to housmedia in accordance with housmedia's then current submission policy guidelines.
Captions: you will provide all caption information reasonably required by housmedia in the manner required by housmedia, to provide a clear association between the caption information and the associated image. You will be responsible for the accuracy and spelling of the information in such captions. You acknowledge that proper caption information is an important aid to clients of housmedia when they review images for possible licensing.
Model & property releases: you will deliver signed model releases and/or property releases, where relevant, to housmedia upon delivery of the respective images, such releases to be in a form approved by housmedia.
Housmedia generally will not accept images of identifiable people without model releases, nor will it accept images of private properties without property releases.
Licensing of Accepted Images by Housmedia
Housmedia will at all times act in good faith and will use all reasonable commercial efforts, in accordance with its practices from time to time, to License the Accepted Images in such ways and on such terms and conditions as it deems to be of best advantage to the Parties, as further detailed in the Image License Agreement.
You confirm that you have read, understand and agree with all the provisions of the Image License Agreement as they (by inference) govern the Licensing of Accepted Images.
The terms of all License agreements with clients relating to the Accepted Images will be at Housmedia's sole discretion, without the need for prior consultation with you.
In some media, Housmedia may request that a credit line be given for the use of Accepted Images naming you in the manner supplied by you in the metadata with the respective Accepted Image in the form "© Your Name / Housmedia". If you do not include your name or a copyright notice in the metadata of any Accepted Image, then Housmedia will request a credit line in the form "© HousMedia Solutions LLC ".
Subscription Licensing
AnchorHousMedia Solutions LLC will include Accepted Images in various subscription plans whereby Housmedia clients may use a predetermined number of images (including Accepted Images) against a fixed fee for the duration of the subscription. Housmedia will track and identify any Accepted Images that are downloaded by any subscriber.
Sales Reporting
HousMedia Solutions LLC will maintain an online, passworded account for your personal use (your "Housmedia Account") which will track all downloads of Licensed Images. You will have access to your Housmedia Account 24 hours per day / 7 days per week, except during scheduled maintenance of Housmedia's online systems or during unscheduled emergency maintenance.
Your Housmedia Account will display Housmedia's code numbers for the respective Licensed Images, a thumbnail copy of each Licensed Image, the date of each transaction and the amount payable to you. In addition, your HousMedia Solutions LLC Account will provide a visual record of all your Accepted Images, the editing status of Images you have uploaded for inspection, a summary of your download history, records of Royalty payments made to you and other sales overviews and statistics to help you monitor your status with Housmedia.
Term of Contributors Agreement
This Contributors Agreement will remain in force until terminated by either Party, such termination to be effective upon sixty (60) days prior written notice unless earlier terminated in accordance with the provisions of this Contributors Agreement.
Notification of Changes to Contributors Agreement
We reserve the right to alter this agreement at any time. Such alterations will be posted on our website. You can also obtain an up-to-date copy of our agreement by contacting us.you may do so via the contact us or email us at [email protected]