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Terms and conditions for photographers

Version 1.0 | Denmark

Introduction, scope and amendment of terms and conditions:

1. These present use terms and conditions represent a legal license agreement concluded between Filterimages ApS and the Photographer in respect of the Photographer’s upload of one or more pictures to the services of Filterimages ApS. When uploading a picture to the services of Filterimages ApS, you accept to enter into a license agreement subject to these present terms and conditions, and you shall undertake to guarantee that you are not under age or otherwise prevented from concluding a binding agreement and that the information you provide in respect of own copyright, invoicing, address and the similar are correct and satisfactory.

 

2. When uploading pictures to Filterimages ApS, you transfer a number of rights to Filterimages ApS comprising passing on to Filterimages ApS the right to sell on these rights on a licence-basis. Hence, you are encouraged to familiarise yourself thoroughly with which rights you will be transferring, in which ways Filterimages ApS shall be entitled to make use of your pictures, and how you will be remunerated for the use of your pictures. 

 

3. “FILTERIMAGES terms and conditions for photographers” may be subject to amendments, and by your acceptance of these present terms and conditions, you recognise that Filterimages ApS shall unilaterally be entitled to introduce such amendments coming into effect for future user-right transfers to the Licensees. As a Photographer, you will be informed of such amendments, and you are encouraged to familiarise yourself thoroughly with such new terms as they will come into effect for any subsequent sale of use rights via the service of Filterimages ApS. In the event that you do not accept new terms when they are introduced, then the Licensees will neither gain access to acquire use rights nor to download your pictures from the services – except in respect of free “preview” downloads. 

 

The parties to the agreement 

4. This agreement concluded between Filterimages ApS as licensor and the Photographer. The Photographer will be you, the uploader of pictures, or the legal entity you represent and on whose behalf you enter into an agreement as user of Filterimages ApS’s services (in this present agreement referred to as the Photographer). It is a precondition that the Photographer owns the full and unlimited copyright to each individual picture uploaded. It is further assumed that the Photographer’s country of residence is identical to the country of the invoice address. Filterimages ApS is a Danish registered private limited company operating under CVR no. 36073861 (in this present agreement referred to as “Filterimages ApS”).

 

5. In addition to this present agreement, Filterimages ApS shall conclude an agreement with the Licensee. The Licensee shall be construed as the person, or the legal entity, acquiring the use right to the Photographer’s picture via the services of Filterimages ApS. The right of use shall be adjusted by a set of separate terms, constituting a license agreement. These terms, to be referred to as: ”FILTERIMAGES terms and conditions for licensees”, shall constitute an integral part of this present agreement concluded between Filterimages ApS and the Photographer. Hence, the Photographer shall familiarise himself/herself with the contents of ”FILTERIMAGES terms and conditions for licensees” and, in particular, with the right of use acquired by the Licensee. ”FILTERIMAGES terms and conditions for licensees” may be subject to amendments, and by your acceptance of these present terms and conditions, you recognise that Filterimages ApS shall unilaterally be entitled to introduce such amendments in respect of licensees and, hence, in respect of these present terms and conditions for Photographers, to come into force in respect of future purchases. As a Photographer, you shall be entitled to be briefed of such amendments; and, hence, you are encouraged to familiarise yourself with any new terms and conditions applicable in respect of subsequent purchases of use rights from Filterimages ApS’s services. 

 

6. When logged in, you shall at all times be in a position to see the currently applicable “FILTERIMAGES’ terms and conditions for photographers” and “FILTERIMAGES’ terms and conditions for licensees”. 

 

The transfer of rights to Filterimages ApS 

7. By your upload of pictures to Filterimages ApS you grant Filterimages ApS permission to unlimited, exclusive use right and license to reproduce, exhibit and prepare secondary works in as many copies as may be required. Filterimages ApS shall hold the right to grant users of Filterimages ApS sublicense on the provision that download of your pictures shall be remunerated subject to the conditions set out by you for each individual picture under the heading “royalty settings”.

 

8. Filterimages ApS shall thus take on the role of distributor of the right of use. The Licensee purchases a use right from Filterimages ApS. This use right shall grant the Licensee the right of use of the picture for global and eternal use, editing and reproduction. The Licensee shall not be entitled to further transfer the acquired right of use and, also, the right of use shall not be exclusive to the Licensee. In addition, we refer to the  ”FILTERIMAGES terms and conditions for licensees” applicable at all times with respect to insight into the use right transferred to the Licensee.

 

9. Filterimages ApS shall be entitled to use your name, nom-de-guerre and the content uploaded in connection with the marketing and advertisement pertaining to the services of Filterimages ApS without any obligations to remunerate you for such displays.

 

Accreditation

10. Filterimages ApS shall be entitled, albeit not under an obligation, to use your name in connection with such pictures to which you surrender your right, your “droit moral”, which means that you shall not be entitled to make any demands in respect of having your name mentioned in connection with the picture.

 

Rights in respect of pictures and motives etc. 

11. You must not upload pictures which may in any way be of a defamatory nature or which may be infringing on others’ copyrights.

 

12. You shall declare and guarantee that anything you may upload shall solely be owned or controlled by you comprising all rights thereto, and may be the subject of copyright protection in any country where copyright or similar protection is feasible.

 

13. You shall undertake to guarantee that there is no current case which may affect the rights to the content uploaded by you and that, to the best of your knowledge, no third party has claimed the picture or its motive to be infringing in any way.

 

14. In the event that you upload or have uploaded pictures where identification of a model, a person or an animal may be made, you shall undertake to guarantee Filterimages ApS as well as the Licensee that you have concluded a model agreement entitling you to assign the right of use to the picture within the scope described above. 

 

15. In the event that you upload or have uploaded pictures in which text, names, trademarks, service marks, logos, copyrighted design, artwork or architecture appear, you shall undertake to guarantee Filterimages ApS as well as the Licensee that you have concluded an agreement entitling you to re-assign the right of use to the picture within the scope described above.

 

16. You shall carry the full responsibility for the conclusion of a valid agreement in respect of the above for as long as the picture is uploaded to the services of Filterimages ApS. Said agreement shall clearly state that the expiry thereof and the removal from Filterimages ApS shall not affect the right of use for users already having acquired the user license to the picture. In the event of a case arising between you and such a person, this shall not in any way involve or subject Filterimages ApS or the Licensee to liability. 

 

17. To the extent possible, said agreement shall be transferred to Filterimages ApS together with the picture.

 

18. By your transfer you grant Filterimages ApS the right to apply said agreement for the purpose of countering any potential or actual legal proceedings or to meet applicable legislation within the area.

 

Information pertaining to the uploaded content

19. In connection with your upload of pictures to Filterimages ApS, you shall state key and search words together with a brief description of the content. You shall guarantee that, to the best of your knowledge, the information provided by you concerning the content is accurate.

 

Your account 

20. Filterimages ApS shall be entitled to refuse to create, or to close an account, in the event of violation of this present agreement comprising, but not limited to, matters concerning false profiles, uploaded pictures infringing intellectual property rights, matters of interference with a person’s privacy rights, or in the event of pictures violating the directions laid down by Filterimages ApS.

 

21. If you terminate your account agreement with Filterimages ApS, your account will be closed no later than 6 months after the receipt of your notice thereof in writing. Content uploaded from your account will continue to be accessible to users during the period from the receipt of your notice of termination to the actual closing of your account. Any user having purchased pictures uploaded from your account shall not be subject to any limitations on their right of use to the pictures other than what is stipulated in the license agreement.

 

22. You shall at all times be entitled to remove content from your account albeit on the provision that, within a 3-month period, you do not remove more than 150 pictures or, in the event that you have uploaded more than 1500 pictures, more than 10% of your pictures.

 

23. In the event of Filterimages ApS closing your account, you shall apply for a written permission to create a new account. You cannot at any one time have more than one account unless you have been granted specific permission thereto by Filterimages ApS. In the event of the grant of such permission, it shall not be allowed to upload the same material to both accounts. 

 

The uploaded content

24. Filterimages ApS shall be entitled to refuse upload or to remove pictures from the services of Filterimages ApS, regardless of reason.

 

25. A picture shall be removed if it exposes Filterimages ApS or any of its employees to the risk of legal proceedings or where it is in violation of the terms and conditions set out in this present agreement.

 

26. Should either your or Filterimages ApS remove a picture from the service, this shall not affect the rights of use already granted Licensees having acquired the rights of use to said picture.

 

27. Filterimages ApS shall be entitled to apply your uploaded content in any kind of marketing and advertising in respect of the services provided by Filterimages ApS without you being entitled to receive payment therefore.

 

Payment rights

28. Filterimages ApS shall be under an obligation to pay royalty to you in respect of any download for which Filterimages ApS receives payment. You can at all times monitor the amount of your royalty remuneration in the “royalty chart” available at Filterimages ApS. This chart adjusts remuneration payment in pursuance of this present agreement.  

 

29. If the same user downloads your picture more than once, you shall only be entitled to payment for the first download.

 

30. Payment will be made on or about the 15th of every month. If the 15th is a Sunday or a public holiday, payment shall be made on the first working day after the 15th of the month. Saturday is not considered a working day.

 

31. An amount shall only become payable when the amount due is more than DKK 300. If considered necessary, Filterimages ApS shall be entitled to change this minimum limit. In the event that you have not reached the minimum limit within a month, the amount will be carried over to the following month.

 

32. Payment can neither take place via cheque nor cash payment. Payment shall solely take place via transfer to a bank account. In the event of transfer to banks outside Denmark, the payment of fees etc. shall be the responsibility of the Photographer. Filterimages ApS shall deduct such charges from the amount to be thus transferred.

 

33. In the event that you close your account and the amount payable to you is less than DKK 400, your closing of the account shall be construed as a waiver of your right to payment of the credit balance.

 

34. In the event of your account being closed as a consequence of your violation of this present agreement or the directions set out by Filterimages ApS, the balance of your account shall be construed as contract penalty and accrue to Filterimages ApS.

 

35. Filterimages ApS reserves the right to demand your return of an amount in the event that you have been remunerated for a picture for which Filterimages ApS shall subsequently be compelled to repay a customer having downloaded your content.

 

36. In the event that Filterimages ApS has mistakenly paid you in excess of your due, Filterimages ApS shall be entitled to withhold a similar amount in their first remuneration following the discovery of the mistake; or, where this is not feasible, to require your return of the excess amount.

 

Information pertaining to payment, VAT and tax 

37.You shall be required to provide information about the account into which payments shall be made. Reporting to and payment of the respective VAT and tax authorities in respect to the remuneration shall be your own responsibility. Filterimages ApS is under an obligation to hand over all information pertaining to payments and transactions etc. between Filterimages ApS and the tax authorities without the prior permission of the Photographer.  

 

38. If your remuneration is made via online payment clearing services, you may not share such an account with other users of Filterimages ApS.

 

Filterimages ApS’s trademark rights

39. In this present agreement, trademark shall be construed as name, logo, domain name or other indicators signifying a reference to Filterimages ApS.

 

40. Your entrance into this present agreement shall in no way entitle you to use the Filterimages ApS trademark.

 

41. You accept to refrain from using the trademark of Filterimages ApS or a variation thereof, comprising variations featuring misspelling or minor changes of the logo which may, to all intents and purposes, be mistaken for the trademark of Filterimages ApS in such a way as to put Filterimages ApS in a bad light. Neither shall you be entitled to take legal steps against Filterimages ApS in respect of their right to this trademark, nor encourage or help others in challenging Filterimages ApS’s trademark rights.

 

42. You accept to refrain from using Filterimages ApS’s trademark or, similar to the above, a variation thereof which may, to all intents and purposes, be mistaken for the trademark of Filterimages ApS as a part of a domain name or part of a blog or in other social media. Thus, this will entail that ”filterimages” cannot be used as a meta tag, as a keyword or in any other way of programming so as to direct searches for Filterimages ApS to your homepage.

 

43. The structure of Filterimages ApS’s website is considered to be an element in Filterimages ApS’s trademark. This means that you shall not be allowed to structure a website which imitates or copies Filterimages ApS’s website, in part or in whole.

 

44. If you link to Filterimages ApS’s website, such linking shall only be permissible to the front page or to your own content.

 

45. At no time shall you be entitled to send unsolicited e-mails or otherwise spam people in connection with the advertising of your pictures featured by the services of Filterimages ApS or in any other way apply the Filterimages ApS trademark so as to put Filterimages ApS in a bad light. If you do so anyway, this shall be construed as a violation of Filterimages ApS’s trademark.

 

Directions for upload of pictures

46. By your upload of pictures you guarantee that this takes place in pursuance of the directions and guidelines set out by Filterimages ApS. In the event of your upload of content which is incompatible with said directions, this may result in the closing of your account. The directions shall be construed as an element in this present agreement.

 

Violations of copyright

47. Filterimages ApS shall take such steps as are commercially fair to ensure that your copyright shall not be infringed by the users of Filterimages ApS’s services. Filterimages ApS shall not, however, be under any obligation to take legal action against photographers or licensees, reportedly infringing your copyright. Should such infringement occur, Filterimages ApS shall be entitled to protect own interests.

 

Lawsuits and legal claims

48. Should Filterimages ApS learn about lawsuits concerning your violation of your commitments in pursuance of this present agreement, Filterimages ApS will give you notice in writing. This will be via an e-mail, sent to the e-mail address you have stated in which Filterimages ApS’s knowledge concerning the case shall be specified. During the period in which an investigation into the matter is taking place, Filterimages ApS may withhold amounts otherwise falling due as your royalty payment. In the event of legal proceedings against Filterimages ApS, you shall be under an obligation to contribute with your full cooperation in the defence of such a lawsuit. You may appoint an assessor to act on your behalf, albeit any expenses in this connection shall be on your own account. 

 

Compensation

49. You shall indemnify Filterimages ApS for any lawsuits, expenses or losses which Filterimages ApS may suffer on account of your violation of your declarations, guarantees and warrants – in particular your declaration in respect of your pictures’ non-infringement of others’ rights. In the event of the lawsuit arising from you violation of this present agreement, Filterimages ApS shall be entitled, but not under any obligation, to act as defendant.

 

50. Filterimages ApS shall be under an obligation to keep you indemnified in respect of lawsuits, expenses or losses you may suffer on account of Filterimages ApS’s violation of their obligations in pursuance of this present agreement. Filterimages ApS shall not, however, pay for any unforeseeable losses or consequential damage. Filterimages shall not be held liable for any loss, direct or indirect, which may occur as a consequence of others’ use of your uploaded content or as a result of your account being closed. If the matter has arisen as a result of Filterimages ApS’s violation of this present agreement, Filterimages ApS shall be entitled to act as defendant and to head any negotiations for reconciliation with the right to decide whether an out-of-court settlement shall be made. In the event of a settlement which will assign an economic burden to you, you shall be under an obligation to counter-sign such settlement.

 

Applicable law and interpretation 

51. Any dispute as to how to interpret this present agreement shall be brought before the Law Courts of the Kingdom of Denmark, in pursuance of Danish law.