Dreamstime.com - Terms And Conditions

Terms And Conditions from Dreamstime.com. The live version of this document is available at http://www.dreamstime.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.



Site usage

Acknowledgements, Representations, and Warranties

Registering for an account

Royalty-Free concept

Royalty-Free license for using our images

Extended licenses for using our images

Editorial license for using our images

Unauthorized use

Credit line requirements

Sensitive subjects

Model and property releases/clearances

Refund policy

Trademarks

Disclaimers

Copyright

Assignments

Referral program

Free images section

Contributors rights & obligations - non-exclusivity and exclusivity

Site Usage Agreement

By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client's behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any images listed under the Dreamstime.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. Where Dreamstime has provided you with a translation of the English language version of the page or site's functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Dreamstime. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.



Use of this site

This site is owned and operated by Dreamstime. All images and related informational materials in any medium provided by Dreamstime hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Dreamstime and by our image providers (photographers), members of our community. All Images are protected by US and international copyright laws.

This site contains both Images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). Dreamstime allows you to search for, view, and use Watermarked Images only as permitted below. If you have registered for a Dreamstime account and Dreamstime has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. Dreamstime reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Dreamstime. All rights not specifically granted under this Agreement are reserved to Dreamstime. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Images or related information.

Dreamstime may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law. Dreamstime may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Dreamstime.

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Dreamstime or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

Dreamstime makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. While the responsibility for the images uploaded is entirely on the photographer's side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.

If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.



Children

Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Acknowledgements, Representations, and Warranties

By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:

a. Dreamstime provides access to an online service comprising information and materials created and posted by You and other users.

b. Images on the Website that are available for license are stored on Dreamstime’s servers at the direction of Dreamstime’s users.

c. Any modification of Images uploaded by Dreamstime’s users, such as the addition of a Dreamstime watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon upload, the Contributor shall be deemed the party responsible for such automatic modification and shall be considered the “author” of such automatically modified Image. Dreamstime is not responsible for modifications that occur to Images as part of its automatic posting process.

d. Any review of uploaded Images that may be performed by Dreamstime before making such Images available to the public is cursory and only intended to identify immediately obvious violations of these Terms. Accordingly, and despite any such gate keeping, the Contributor uploading an Image shall be deemed the party at whose direction that Image resides on Dreamstime’s servers.

e. Dreamstime has never directed, and never will direct, its users to upload Images that infringe upon any right belonging to a third party. Uploading Images that infringe on third-party rights constitutes a direct and material violation of these express Terms and will subject the uploading Contributor’s account to suspension and/or termination, where appropriate.

f. Dreamstime correctly presumes that the Contributor uploading an Image is the sole holder of all exclusive rights to that Image, except where the Image alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a Person other than the Contributor as the exclusive rights holder.

g. Where an Image has no obvious proprietary marking that indicates an exclusive owner, Dreamstime cannot be deemed to have actual knowledge that the Image infringes upon any third party’s rights.

h. In collecting license fees on behalf of Contributors, and retaining a portion of those license fees, Dreamstime does not derive a direct financial benefit from any particular Image. Dreamstime’s only direct financial benefit comes from operating its Website, which allows Contributors to market their Images to potential license purchasers. Contributors are the only parties receiving a direct financial benefit from their creation and uploading of Images for licensing by Dreamstime’s users.

i. Dreamstime has no right or ability to control the activities of Contributors who create and upload images to the Website. In the event that a Contributor infringes upon a third party’s rights by creating or uploading an image, that Contributor is the sole responsible party for such infringement, and Dreamstime has no control over such activity.

j. Apart from identifying an obvious proprietary marking in an Image that indicates an exclusive owner, Dreamstime has no other ability to determine whether the rights appurtenant to a particular Image may belong to a party other than the uploading Contributor. As its only other means of identifying Images that may infringe upon a third party’s rights, Dreamstime relies entirely on properly presented notifications from third parties claiming that their rights have been violated.

Use of Watermarked Images - Using images for comping

Images include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images (Non-Watermarked or Watermarked Images) or higher resolution non-watermarked Images (Non-Watermarked Images).

Conditional upon your compliance with this Agreement, Dreamstime grants you a limited license to download Watermarked Images solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Image according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, Dreamstime grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.

Registering For A Dreamstime Account

To obtain access to our images as well as upload any images, you have to apply for a Dreamstime account and you agree to provide complete, true and accurate information. Dreamstime reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by Dreamstime. Our privacy policy can be reviewed at the following link.

You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Dreamstime of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Dreamstime of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Dreamstime account or web site or related services.

At anytime, you may request your account access to be restricted, but Dreamstime reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site's services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the Dreamstime admin staff, for legal purposes.

After acquiring a credits package or subscription, you can download images using various licenses available on our site. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company's own projects or clients and cannot be transmitted to another party. If the image is to be used by more employees, then an Unlimited Extended License (U-EL) is required.

None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without Dreamstime's separate written consent.

Royalty-Free License - Concept Info

What Royalty-Free means is that you pay for the image only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. Note that the maximum number of copies for printed materials is 500,000 copies.

The Royalty-Free license is granted ONLY for the non-watermarked image you buy using the Download button; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.

The free files downloaded from the Free Photos section may be used in commercial projects under our limited Royalty Free (RF-LL) license and according to our terms and conditions. This is a one-person license and is given to you as a designer, your employer (client) or any employed persons.



Royalty- Free License of use of Non-Watermarked Images and Restrictions

The high-resolution images that you download under the regular Royalty Free (RF) license may be used to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, book cover, flyer, application software (apps) or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the image appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the images in a correct way please email support using the help form.

Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the image in an essential manner, intended to be sold are considered redistribution (if the image is used in an essential manner). The use of Dreamstime.com images for these purposes under the regular Royalty Free license is not permitted. It is also forbidden to make the image available on a website for download (as wallpapers for example), although you may use the image in a concept in as many websites as you want, for any number of clients. For Web use, you must not use the image at a width exceeding 800 pixels unless it is included in your site's design. If the image is part of a design and manipulated accordingly, the image width can be higher than 800 pixels.

If you use the images for printed materials, the number of copies must not exceed 500,000. You may modify the images in any way required for reproduction, or include them in your own personal creations.

Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image for reuse. We recommend that you credit the agency and the photographer when you use an image. By this you benefit the community at Dreamstime.com, of which you are an integral part, and help increase your success as part of the community, which, by growing contributions, gains quantity and quality.

Limited Royalty Free Licenses (RF-LL) for using images downloaded within the Free section of the website

Dreamstime offers a free section, fully searchable and constantly updated. Its use may be available to all registered users or to a specific niche of members, depending on the agency's strategy. The high resolution images downloaded from the free section may be used under the terms mentioned for the regular Royalty Free license, with a single additional restriction: the maximum amount of copies is limited to 10,000 copies. If you exceed this amount and you already purchased credits you may request to download the image under the regular RF license.

Editorial License:

The editorial section provides news worthy images reflecting events from social, cultural and political scenes. Images downloaded under the Editorial section of our site, as well as images downloaded with our Royalty Free license can be used within editorial context as long as the current terms are met. Sensitive usage restrictions also apply.

The high-resolution images that you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image. Click here for Credit line requirements.

Special ethical considerations apply to editorial usage. When using or submitting editorial images, you are solely responsible for any claims related to or arising from any visual adjustments of the images. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image. We reserve the right to refuse any image submission that we consider as not marketable.

Additional requirements for buyers:

Images included within the editorial section may include visible logos, or identifiable persons who didn't sign a model release document. You are solely responsible for the usage given to such images. Please consider that editorial images are not meant for commercial usage and using them in a commercial context is against editorial terms.

Additional requirements for contributors:

Please note that editorial images are meant to be an objective view of a specific event and therefore any post-processing of the photographs that might damage or distort the reality as seen through your camera lense, will not be tolerated. Cropping an image and standard brightness/contrast adjustments are acceptable, but the use of clone, brushes and/or artistic filters is not meant for editorial images.

You hereby agree that the image submitted to Dreamstime is not obtained in unlawful ways or that can enforce civil or criminal liabilities. You are solely responsible for how the image is produced and your activities will indemnify Dreamstime harmless of any claims from you or any third parties involved within the shooting.

Extended Licenses for Using Our Imagery

The following licenses offer extended types of usage for our regular Royalty Free or Editorial licenses. Note that not all images are available for this type of license. You may use the image according to the following licenses only if the image was available under the appropriate license AND you downloaded it using the appropriate download button. You can view the license for each image you downloaded in your Management Area / My Downloads.

Unlimited seats (U-EL):

This license extends our regular Royalty Free / Editorial license to an unlimited number of seats within the same organization. It is an additional license to the usage included within the regular Royalty-Free / Editorial license that awards rights for a single person within the same company. The U-EL license is applied only for the staff of the organization that holds the account. The maximum amount limit of 500,000 copies applies for the total amount of work resulted from all designers involved.

Increase Max Copies (I-EL):

Extends our regular Royalty Free / Editorial license to a maximum amount of printed copies of up to 2,500,000 copies.

This is an additional license to the rights included within the regular Royalty-Free / Editorial license. Note that the other restrictions still apply.

Web Usage (W-EL):

Electronic Items for Resale/Distribution: this license includes the right to use the photos for webtemplates that are sold to more customers, screensavers, e-cards, powerpoint presentations or as wallpapers on cell phones. Maximum number of electronical items is 10,000 copies (applies as a total of each type of usage). If this amount is exceeded you need to acquire this license once again. The new license will provide you with the standard amount of copies.

This is an additional license to the rights included within the regular Royalty-Free license. Note that the other restrictions still apply.

Print Usage (P-EL):

Physical Items for Resale/Distribution: includes the right to use the photos for t-shirts, postcards, greeting cards, mugs, mousepads, posters, calendars, framed artwork that is to be sold to other customers for a maximum amount of 10,000 copies (applies as a total of each type of usage). If this amount is exceeded you need to acquire this license once again. The new license will provide you with the standard amount of copies.

This is an additional license to the rights included within the regular Royalty-Free license. Note that the other restrictions still apply.

Sell the Rights (SR-EL):

This license represents a full ownership of the downloaded image. The buyer can use it exclusively (exclusivity applies from the moment that the file was downloaded using this license; buyer must take into account potential past downloads made for the image and choose it accordingly or investigate further via support), and include it in any type of design with just a few restrictions: sensitive subjects may still apply and the buyer may not claim that the file was created by him nor resell it as a photo. The agency will disable the image immediately after the buyer acquired this license. The photographer is required to disable the file permanently from all other places where he may sell it, as soon as possible after the sale occurred, but no longer than 72 hours. This license grants the buyer exclusivity so the photographer needs to keep in mind that an exclusive image is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable other files as being different. All such variations rendering the images very similar in concept and message to the one sold under SR-EL should be removed from sale as well. The photographer acknowledge and agrees to provide the buyer with full ownership for the file retrieved using the SR-EL license.

Time Limited Exclusivity (SR-EL1, SR-EL3):

This license represents an exclusive right to use the downloaded image, but such exclusivity will only last for a limited period of time. The buyer can use the image exclusively (exclusivity applies from the moment that the file was downloaded using this license) during the time period selected, and include it in any type of design with just a few restrictions: sensitive subjects may still apply and the buyer may not claim that the file was created by him nor resell it as a photo.

Dreamstime will disable the image immediately after the buyer acquired this license. The Contributor will be required to disable the file permanently from all other places where he or she may sell it, as soon as possible after the sale occured, but no longer than 72 hours. The Contributor acknowledges and agrees to provide the buyer with the exclusive right to use the file retrieved using the SR-EL1 or SR-EL3 licenses, for the duration of the selected exclusivity period.

The length of time for the exclusivity period depends on which license is selected. SR-EL1 will grant an exclusive right to use the image for one year. Similarly, SR-EL3 will grant an exclusive right to use the image for three years. The print run for both licenses is unlimited and continues after the exclusivity expired. At the end of the exclusivity period, the buyer`s license will continue as before, with all of the same rights, except for the right of exclusivity, and the image will again be added to the available library of images on Dreamstime.com and again be made available to all users for purchase. After the end of the exclusivity period, the Contributor will also be free to offer the image for download from other places where the Contributor sells his or her images.

If a Model Release is available on file, it will remain within our database, a proof about its existence can be forwarded to the buyer, however, the MR info will still not be disclosed in respect of the photographers' and models' privacy.

These are additional licenses to the rights included within the regular Royalty-Free license.

For any other details regarding usage or these licenses, you are strongly advised to contact Dreamstime.

Unauthorized Use

Without limitation, Images may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle Dreamstime to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Dreamstime's rights or remedies in connection with any unauthorized use.

Credit Line Requirements

All images used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used within editorial purposes. The credit line format is specified on the Download page.

Sensitive Subjects

Any license granted by Dreamstime shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without Dreamstime's separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image.

You must contact Dreamstime for additional information prior to any use of an Image with any sensitive topic.

Each photographer that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release.

Dreamstime will not be held responsible for any of the materials you upload to the site.

Model and Property Releases/Clearances

With respect to Images for which you have purchased a license through Dreamstime, the rights that Dreamstime grant to you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. Dreamstime makes no representations or warranties that it owns or licenses any rights nor does Dreamstime grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Furthermore, Dreamstime makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Dreamstime. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.

With respect to Images you upload as a contributing photographer, where such Images depict one or more individuals, a model release document must be uploaded confirming that the individuals included in your Image have signed a written release. By uploading this document, you certify that the information contained therein is complete and accurate.

Dreamstime prefers that its contributing users provide copies of release documents that include physical signatures for the individuals consenting to the capture and reproduction of the contributed Image. Recognizing that many of Dreamstime's contributing users desire to submit location and model releases that have been e-signed, rather than printing documents for physical signature by a releasing individual, Dreamstime has determined to accept, under certain circumstances, e-signed release documents from certain qualifying contributors. Acceptance by Dreamstime of an e-signed release from a particular user shall not constitute a guarantee that future e-signed releases will be accepted from such user. Dreamstime reserves the right to refuse e-signed releases, whether for a particular Image or from a particular user, for any reason.

If you are qualified to submit e-signed releases to Dreamstime, you will be asked to separately represent and warrant, at the time of uploading a particular e-signed release, that (i) any submitted e-signed release was prepared in compliance with all requirements of the United States' Electronic Signatures in Global and National Commerce Act ("E-Sign Act"); (ii) such e-signed releases have been reviewed and accepted by each individual whose rights the e-signed releases purport to release; (iii) multiple e-signed releases have been submitted and shall be submitted for Images portraying the same individual, which Images were captured on different calendar days; and (iv) you have not submitted and shall not submit any e-signed release that is fraudulent or otherwise unenforceable. If Dreamstime authorizes you to submit e-signed releases, you agree to maintain copies of each e-signed release submitted to Dreamstime for as long as the associated Image is available for download from Dreamstime and for a period of three (3) years following the Image's removal from Dreamstime. You further agree to provide Dreamstime with additional copies of any e-signed release upon request.

If an Image is designated as model-released, it means the contributing member posting such Image has represented to Dreamstime that the depicted individual(s) has/have signed a release permitting reproduction of the Image, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that Dreamstime is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed model release for all individuals depicted in a particular Image. If Dreamstime incorrectly indicates that an Image is model-released when it is not, Dreamstime's liability shall be limited to the amount you paid Dreamstime for the use of the Image. If an Image depicts an individual and you use such Image in a manner that implies the use or endorsement of a product or service by depicted individual, you must indicate wherever the Image is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use an Image depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive (as described above). Any license obtained through Dreamstime is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Dreamstime with proof of such releases and permissions upon request.

Refund Policy

You may ask for a refund of your purchase within 30 days from the purchase date. Note that this is possible only if you are able to immediately remove all images used in different designs and that you must provide a well founded reason for your request and your Dreamstime username.

If you have downloaded an image that has technical flaws please contact us for a refund of all credits used for downloading the image. If you are not able to download an image, we will refund the credits, provided that Dreamstime determines that you have been unable to download the image successfully. If several credits are deducted from your account, due to multiple unsuccessful attempts of retrieving the file, you should email support for a full refund of the extra credits. Downloads are not refunded if more than 7 days from the download date have passed.

Dreamstime Trademarks

The trademarks, services and logos used and displayed in Dreamstime.com are registered and unregistered trademarks of Dreamstime.com its subsidiaries and affiliates. Dreamstime.com trademarks may only be used publicly with the permission of Dreamstime, Inc. with proper acknowledgement. Except as expressly granted Dreamstime, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

Indemnification

You agree to indemnify, defend, and hold harmless Dreamstime against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.



Disclaimers

DREAMSTIME PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER DREAMSTIME NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL DREAMSTIME'S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.

Copyright

The Photographer acknowledges that Dreamstime prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at Dreamstime.com.

By uploading his/her Image, the Photographer is warranting that he/she owns all proprietary rights, including copyright, in and to the Image.The Photographer acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on Dreamstime's servers. Dreamstime reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.

The Photographer hereby grants Dreamstime a non-exclusive license to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants Dreamstime and its representatives the right to sublicense the Image to their customers in accordance with the terms of the Dreamstime Royalty-Free License Agreement, a copy of which the Photographer acknowledges reviewing and agreeing to.

The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the Photographer, unless otherwise mentioned by the license agreement. The Photographer acknowledges that no monetary or financial compensation is owing or required to be paid to the Photographer by Dreamstime or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer. While Dreamstime acknowledges that its policy is to provide the Photographer with certain payments whenever an Image uploaded by the Photographer is downloaded, the parties agree that Dreamstime may amend such policy from time to time, as reasonable business objectives may require.

Currently, each photographer may request to be paid for his/her balance on Dreamstime.com and Dreamstime is obligated to pay via check or similar means, once the balance has reached $100 and the photographer has submitted a payment request via website.

Dreamstime is entitled to carefully analyze all details and logs of the photographer and his/her downloads/sales on the website. If any suspicion exists, Dreamstime.com has the right to delay the payment request until all details are cleared or to refuse the payment.

The Photographer is entitled to disable file(s) from his portfolio by using the appropriate section of Dreamstime.com (Management area/Online files), Read the Contributors' Exclusivity and Non-Exclusivity Terms for specific details regarding the contributors' obligations. Once disabled the files are to be removed from all public pages of the site in maximum 24 hours. Dreamstime is entitled to keep an offline copy of the files for several months, in order to allow previous buyers to verify the accuracy of the content or to allow the Photographer to reactivate the file(s). After this time interval expired, Dreamstime.com shall erase all files.

Should the Photographer enter an agreement with Dreamstime which provides exclusive rights to the agency or towards its customers, the Photographer bounds himself to disable the image from all other sites according to the specific terms of the agreement: assignment or the SR-EL extended license.

The Photographer agrees that neither Dreamstime.com nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image.



Notification of copyright infringement

Dreamstime may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Dreamstime's site, send Dreamstime a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Dreamstime site; (iv) information sufficient to permit Dreamstime to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Dreamstime has designated and registered with the United States Copyright Office the following agent for receipt of notices of alleged copyright infringement appearing on the Dreamstime site:

Mark J. Bryn, Esq.

Bryn & Associates, P.A.

One Biscayne Tower, Suite 2680

Two Biscayne Boulevard

Miami, Florida 33131

Tel: (305) 374-0501

Fax: (305) 372- 8068

Email:

Assignment terms - general terms:

In order to participate in the Dreamstime On Assignment monthly contest you should fulfill the following conditions:

- Have an active photographer account at Dreamstime.com

- Be the sole author of the images submitted

- Submit only images that closely follow the monthly contest theme

- Submit a valid Model Release form (signed by the model) if the image contains any recognizable people faces



The photographers will have the following obligations and rights:

Obligations:

Sell the selected images from Dreamstime On Assignment contest only on Dreamstime.com. The images approved for the contest become exclusive to Dreamstime agency and cannot be sold anywhere else, including your own website.

Rights:

1. You may disable or revert the image(s) to a lower level (by resubmitting or reactivating it) at any time, but not earlier than 12 months since its upload date. In this way, the exclusivity agreement with Dreamstime will cease to exist.

2. Photographers have the right to upload existent work and images that already make up a part of his/her portfolio on Dreamstime.com.

Dreamstime.com obligations and rights:

Obligations:

Dreamstime is obliged to choose a number of winner images every month. The number of winner images is not specified and there is no minimum or maximum limit of selected images. It will vary upon the number of good quality images submitted.

Rights:

Dreamstime.com reserves the right not to select any of the submitted images for general refusal reasons such as: noise, out of focus, poor lightning, distorted pixels, poor composition, or images that do not comply with the assignment theme.

Assignment terms - Sell the rights option

In addition to the above terms the photographer should submit a valid EXCLUSIVE Model Release form (agreed and signed by the model) if the image contains any recognizable people faces.

Sell the rights option - Photographer's Image Copyright Release Form

For valuable consideration: I hereby authorize Dreamstime.com to publish, distribute, and sell all photographs that I submit to them in their web site assignments at www.dreamstime.com

I understand that by submitting images to Dreamstime.com, I authorize Dreamstime.com to duplicate, print, distribute or resell any and all submitted images, for sale to the public or for commercial applications. I also understand that any image that includes a recognizable person or property requires written consent from that person or owner prior to submission and I should attach a signed Model Release document or a Property Release document specifically signed for Dreamstime.com. I am aware and fully understand that Dreamstime.com will not be held liable for any copyright infringements on any photographs submitted by myself. By submitting my photographs to Dreamstime.com for publication in their web site galleries for sale, I relinquish all copyrights and rights to sell and/or use the images that have been submitted.

I understand that the buyers of any licenses sold by Dreamstime.com for my images, will remain anonymous to me. In this event, I agree not to make any contact with the buyers of my images, unless they are in obvious undisputable breach of the licensing terms of the license issued by Dreamstime.com. In the event I take any action against the buyers for being in breach of the licensing agreement, I agree to notify Dreamstime.com in writing of my intentions and I agree to indemnify and hold harmless Dreamstime.com, its owners or directors, staff and associates of any and all such actions.

I acknowledge that in exchange for this copyright release, Dreamstime.com is obligated to award a fee for each image submitted and accepted by Dreamstime.com and that the agency will set the fee for each assignment. I understand that Dreamstime.com is entitled to refuse any of my images in which case I retain all copyrights, without any further obligations.

I acknowledge Dreamstime.com has the right to remove from the Dreamstime.com web site any photograph at any time. Dreamstime.com is not required to alert the photographer as to the reasons for the removal unless the photographer specifically requests a reason.

In addition to the terms stated above, I confirm to Dreamstime.com that:

The photos submitted are my own personal property.

I will honor completely all licenses sold by Dreamstime.com, within the terms of those licenses. I agree to abide by all the terms and conditions as stated within this document and in regard to copyrights and or my release of copyrights that are included in this form.

Referral program terms



In order to participate in our Referral program you should accept the following terms and conditions:

What you have to do:

- read the referral terms and agree with them

- do your best to promote the site, using the site's badges, your unique

- referral URL or your referral ID

What we will do:

- award you a $5 bonus for the first visit we receive from a site badge (site will be checked and approved first)

- provide 10% from all credits packages bought by a designer that you referred, for 3 years after their sign up!

- provide 10% from all sales made by a photographer that you referred, for 3 years after their registration!

- add all income to your earnings account: you can cash it as soon as the total earnings reach $100 (that includes your regular income, if you're a photographer)

- keep track of all visits you bring for 30 days after the URL is first clicked (cookies must be enabled)

Obligations:

By joining this program you agree to promote the community and Dreamstime.com website. This participation doesn't entitle you to represent Dreamstime.com or the community but only to recommend it to potential members. Your participation implies that you will act as a responsible person promoting the community by various means, exclusively legal. Neither spam actions nor any fraudulent attempts will be tolerated.

You agree to use only legitimate means for promoting the community and to not interfere or damage the activity of the website or any other website or servers.

All referees received from your account can be analysed by computer scripting or human administrators. If any fraudulent activity related to your account is traced, Dreamstime will take further action in order to stop and punish delinquent accounts via legal means.

We reserve the right to change the current terms and conditions in part or entirely. This program can be adjusted or canceled at our sole discretion and according to the program's activity, feedback and/or other input we receive. Any significant changes will be published on our website. If you do not agree with these changes, you should stop referring the site and cease further participation. Your future participation to the Referral program constitutes a full acceptance of our terms.

Specifications:

1. You will receive a $5 bonus for signing up; you must display at least one site badge on your website in a visible place for at least 6 months; our administrators will review your website within the following days; if they agree with the placement of the badge and character of the website, the bonus will be added to your account's earnings and a notification will be sent to your email address; if they do not agree, the bonus will not be awarded.

2. For every new visitor you refer, Dreamstime will keep a record of his IP and place a cookie on his computer. Cookies must be enabled, or the visit cannot be tracked. If the visitor returns within 30 days, our system will track him or her and award any revenue to your account.

3. For every new referred user that buys something from the site, Dreamstime awards you 10% from each of his buying transactions' gross amount. This applies for 3 years after his registration and only for members that previously did not have a Dreamstime account.

4. For every new referred photographer that uploads images on the site, Dreamstime awards you 10% from all their gross sales, for 3 years after their registration. Same as for buyers, this applies only for photographers that are not a current or past members of Dreamstime.

5. The client you refer (referee) must reach the site using a site badge link, your referral link or by entering your referral ID at registration. If the visitor came from your referral link, there is no need to enter a referral ID.

6. All earnings are added to your account. You are eligible to request a payment once the balance has exceeded $100. This is the regular balance, it can include the earnings made by selling your stock photos on Dreamstime, if you're a photographer. Please note, you will not receive awards when a referred user or a buyer of a referred photographer's image chargesback the credit card charge for the purchase or receives a credit for the purchase. In the event that you have already received the award amount (i.e. been compensated) for such purchase, although we reserve the right to request a cash return of such funds, the amount you received with respect to such purchase will be debited against your balance of credits.

No Waiver / Severability

No action of Dreamstime, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Free images section:

Any contributor can donate images for the free images section. The contributor is responsible for the donation and entitles Dreamstime to make the image available for free to its registered customers, accompanied by the regular Royalty Free license. As long as the image is available for free, Dreamstime will not charge any fees from customers for downloading the high resolution file and no earnings will be placed in the account of the photographer who donated the image.

All donations are selected by admin, Dreamstime reserves the right to select only the submissions it considers as appropriate for this section.

Contributors rights & obligations - non-exclusivity and exclusivity:

Dreamstime.com allows you the opportunity to work with Dreamstime.com in one of three manners: contributors who upload images which are available for sale with other stock agencies (NON-EXCLUSIVE CONTRIBUTORS), contributors that upload images that are exclusively sold on Dreamstime.com (EXCLUSIVE IMAGES) and contributors that are solely represented by Dreamstime.com (EXCLUSIVE CONTRIBUTORS).

Contributors are required to keep at least seventy (70%) percent of their portfolio online with Dreamstime.com for a period of at least six (6) months. You may disable all files older than six months from the date of review at any time. You will be allowed to disable a total of thirty (30%) percent of your total images submitted within the past six (6) months. Images that were disabled and then enabled again will be counted as new submissions, no matter of their original upload date.

Contributors shall receive a percentage (a Revenue Share) from each sale made by Dreamstime on their behalf as described in the paragraphs below. Considering the dynamic nature of the industry, Dreamstime and its distributors, affiliates, referrals etc. can represent the photographers using different marketing techniques or models (such as credit based or subscription payment plans, third party distributors etc.). Contributor acknowledges and agrees that each of these varied marketing techniques and models may result in different net sale prices for the same image under each set of circumstances. The paragraphs below mention the minimum Revenue Share that is to be awarded to a Contributor from the net sale price collected for the Contributor's image, unless otherwise mentioned in different areas of the site (such as the Alliances section or Sell your images section). Revenue Shares are calculated based on net sales amounts after payment of referral fees, as described above. Notwithstanding the foregoing, provided Contributor is otherwise in compliance with the terms of this Agreement, Dreamstime will not seek repayment of any overpayments made to Contributor. No Contributor shall be entitled to receive payment, nor shall Dreamstime be liable for any such payment, unless and until the total amount of that Contributor’s unpaid earnings exceeds One Hundred U.S. Dollars (US$100.00).

Contributors are not allowed to download their portfolio (partly or completely) , especially if this is performed in order to take advantage of any available discounts and bonuses provided by Dreamstime.com. Contributors who lost their own images during a hardware failure are asked to contact support in order to receive a copy of their own files.

Non-exclusive contributors: A non-exclusive contributor is an artist who uploads images that are also available for sale with other stock agencies. These contributors may upload their images to Dreamstime.com while selling the same images through other channels. Non-exclusive contributors shall receive 25-50% of the net sale price received by Dreamstime.com for the images they have contributed to the site which are subsequently sold by Dreamstime.com.

Exclusive images: A contributor may work with other agencies in addition to Dreamstime.com. However, the images provided to Dreamstime.com and marked as being exclusive are sold only on Dreamstime.com. An exclusive image is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable an image as being different. Exclusive images may only be sold through Dreamstime.com and may not be offered through other channels. Contributors shall receive 27.5%-55% of the net sale price received by Dreamstime.com for the exclusive images they have contributed to the site which are subsequently sold by Dreamstime.com. A Contributor may remove the exclusivity rights to an image with thirty (30) days prior written notice to Dreamstime.com.

Exclusive contributors: An exclusive contributor is not represented by any other agency and will work solely with Dreamstime.com for selling their images. Exclusive contributors may, however, sell their other artwork on a photographer-to-client basis, under a work for hire contract, outside of this Agreement. Exclusive contributors shall receive sixty (60%) percent of the net sale price received by Dreamstime.com for the exclusive images they have contributed to the site which are subsequently sold by Dreamstime.com, as well as a commission of $0.20 (twenty cents) for each submission uploaded and accepted by Dreamstime.com. Dreamstime.com is under no obligation, however, to accept an exclusive contributor’s submissions and acceptance of images is at Dreamstime.com’s sole discretion. Dreamstime.com may terminate an Exclusive Contributor’s status at any time with no advance notice; an Exclusive Contributor may terminate their status as an Exclusive Contributor with thirty (30) days prior written notice to Dreamstime.com. If an Exclusive Contributor terminates this Agreement prior to the passage of six (6) months, Dreamstime.com reserves the right to recover all commission payments made to the Exclusive Contributor prior to the termination of Exclusive Contributor status. These payments include the upload bonus received after each accepted submission and the extra Revenue Share earned by exclusive contributors.

If a contributor breaks this Exclusivity Agreement, either for an exclusive image or as an exclusive contributor, Dreamstime.com reserves the right to invalidate and recover all earnings made by that Contributor through Dreamstime.com sales commencing with the date the exclusive image or images or portfolio were made subject to the Exclusivity Agreement.

Dreamstime.com reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.

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