500px.com - Terms Of Service

Terms Of Service from 500px.com. The live version of this document is available at http://500px.com/terms. This document is a part of Docracy's Terms of Service Tracker project, which tracks changes to terms of service and privacy policy documents of many of the world's top websites.

Store

If you choose to register to use the 500px Store (the “Store”) the following terms and conditions apply in addition to the general Terms. Throughout these Terms, a reference to the ‘purchase’ or ‘sale’(or similar words) of Store Images (as defined below) means the purchase or sale of a Customer License (as defined below) to use a Store Image.

About the Store

The Store is a Service provided by 500px that allows users to post photos and images for sale to the public. Photos and images are sold by 500px pursuant to the license granted to 500px below. To use the Store you must be at least 18 years of age and have a valid 500px account. By uploading any photos or images to the Store (collectively your “Store Images”) you make the following additional representations and warranties to 500px:

  1. You can lawfully enter into contracts under applicable law and you are at least 18 years old.
  2. You hereby irrevocably waive all moral rights in your Store Images; and
  3. You have obtained and have copies of model releases from all subjects depicted in your Store Images, and such persons voluntarily consented to publication and/or dissemination of their likeness for all legal purposes. Upon our request you will provide a copy of the model release from any subject depicted in your Store Images to 500px.

Use of the Content and Grant of License

500px will use your Store Images for the purpose licensing your Store Images to customers of the Store (“Customers”) in such formats as we may, from time to time make available to Customers, including without limiting the generality of the foregoing, via electronic download and print. In connection with the foregoing, in addition to the licenses you grant to 500px elsewhere in these Terms, you grant to 500px a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, publish, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute copies of your Store Images (the “Store License”).

The Store License includes the right for 500px to use screen resolution images and thumbnails of your Store Images for display and promotional purposes on the 500px Site, the Store, third party sites, and in connection with internet search results, and embeddable codes. Screen resolution images will be accompanied by your credits.

Your Store Images will be licensed to Customers by 500px in accordance with the 500px Customer License in effect at the time the Customer purchases your Store Image. The 500px Customer License is available at: 500px.com/terms/download_license.pdf.

Removal of Store Images

At any time you can remove your Store Images from the Store automatically using the Store settings. In addition, 500px may remove any Store Images that it believes to be in breach of the Terms. In all cases copies of your Store Images posted on any third party sites and used for promotional purposes shall be removed within a reasonable period of time following your removal request, however submitted. Except as otherwise provided for herein, the Store License will exist for the period during which a Store Image is posted on the Store and will automatically terminate upon the removal of the Store Image from the Store. Notwithstanding the foregoing, the Store License will continue in respect of any Store Images which were purchased by Customers prior to their removal of the Store until fulfillment of such purchase requests.

Subject to the licenses granted to 500px in these Terms you retain ownership of your Store Images.

Payment of Fees upon Sale of Store Images

You will be paid fees (“Fees”) for the sale of Store Images in accordance with the 500px fee schedule in effect at the time a Customer purchases a Store Image. 500px reserves the right to change the fee schedule from time to time and at any time at its sole discretion. We will notify you of changes to the fee schedule by posting an announcement on the Site. You shall be responsible for reviewing any such changes. Your continued use of the Store, including the continued posting of your Store Images in the Store after a change in fees will signify your acceptance of the revised fee schedule. The fee schedule is available at: 500px.com/terms/fee_schedule.pdf.

In addition to the foregoing, the following terms and conditions shall apply to payment of Fees to you for your Store Images sold through the Store:

  1. The purchase and sale of your Store Images will be deemed to be complete 45 days after payment is received by 500px from the Customer.
  2. Fees shall not be paid in respect of any Store Image that is returned by the Customer for exchange or refund.
  3. Payment will be processed via PayPal as indicated in your 500px account or by cheque mailed to an address designated by you in your 500px account.
  4. If you choose payment by cheque 500px will deduct a processing fee of $10 USD from the amount owing to you.
  5. 500px may deduct or withhold from any amount owing to you any withholding taxes, or other levies as required by applicable law. [The 500px sales report will include all such deductions and withholdings.] You are otherwise responsible for paying all taxes, etc. payable in respect of the Fees paid to you.

500px shall not be obligated to pay any Fees in respect of Store Images that are used in the Store, the Site, third party sites, or in other locations for promotional purposes.

Termination

You may terminate your Store account at any time in your sole discretion. 500px may terminate your store account at any time for any reason or no reason. All Store Images remaining in your Store account will be removed by 500px upon termination of your store account.

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