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Purchaser Terms & conditions
by Thomas Russ Arnestad
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material used and referred to on this site are the work of
Thomas Russ Arnestad. Thomas Russ Arnestad is entitled to the
ownership and copyright of all the work. All material is sold and
distributed through FeaturePics, hence FeaturePics' terms and conditions applies to the purchase of all
contents on this site.
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Your use of FeaturePics means
you agree to the following terms
of use (the "Terms of Use"). If
you do not agree with these
terms you should leave
FeaturePics.com (FeaturePics)
immediately, not use the files
herein, and/or not subscribe to
this service. |
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1.
Nature of Service
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FeaturePics is an Internet tool
for the realization of the free
market; where an Artist is
responsible for a product and
supervises its price, and a
Buyer completes this market by
buying the Art.
An
Artist uploads an image,
establishes a price (optionally
changes that price), and
licenses the image, alone or as
part of a collection of images.
FeaturePics provides
continuously updated statistics
regarding Buyer requests and
license sold price points to
assist the Artist with pricing
decisions.
A
Buyer has a wide range of
choices among pictures collected
on FeaturePics. S/he has an
opportunity to use the search
engine to find that certain
image among the themes and price
points. The Buyer can store
desirable images in the "Wish
Box" fixing the price for the
chosen pictures. When payment
has been made, the Buyer can
download the image repeatedly
during 5 days. |
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FeaturePics is an agent for
licensing Artists' image rights
to Buyers through http://FeaturePics.com.
An
Artist is a FeaturePics website
member who has uploaded at least
one image.
A
Buyer is a FeaturePics website
member who has placed at least
one image into his/her WishBox.
A
Member is an Artist or a Buyer. |
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3.1
Children Prohibited
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FeaturePics is only available to
users who are 18 years of age,
or older. If you are under 18
years old, please do not
register for FeaturePics
services. |
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3.2
Registration |
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Registration is optional; you
don't need to register to
browse. However if you browse
FeaturePics, and decide to
upload images, download images,
leave messages or requests, you
must be a registered member.
Every Member shall provide
FeaturePics with true, accurate,
complete, and up-to-date
information as to his or her
email address during the
registration process. Members
also hereby agree to maintain
and promptly update the
registration data to keep it
true, accurate, current and
complete.
Please review our
Privacy Policy
for more information.
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4.1
Image uploading rules
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By
uploading an Image, Artist
warrants that s/he is the owner
of the copyright thereto.
Content submitted to FeaturePics
by any Member is assumed to be
the copyrighted property of the
Member who submitted it.
FeaturePics is not responsible
for any issues that may arise
due to the possibility of any
copyright infringements or other
violations by FeaturePics
Members.
By
uploading content, Artist
warrants that the content does
not depict subject matter in a
manner that violates any laws.
By
uploading content, Artist
warrants that the uploading was
not done with the intent to
harass, threaten, embarrass or
cause distress, unwanted
attention, or discomfort upon
another person or entity.
By
uploading a model/property
release or otherwise
representing that subjects
depicted in an image file have
consented to publication for
whatever purpose, Artist
warrants that the information is
complete and accurate.
Please review our
Uploading Rules
for more information.
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4.2
Image deleting rules
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Once an Image is uploaded,
FeaturePics can sell licenses
for 90 days. The Image may not
be withdrawn during this period.
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4.3
Compensation for Artists, Taxes,
Promotional rates
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FeaturePics will pay to the
Artist the fee (commission rate)
stated on FeaturePics.com at the
time when the Image was
uploaded.
FeaturePics pays 90% of the
license fee received for all
photos uploaded before Nov, 22
2005.
FeaturePics pays 70% of the
license fee received for all
photos uploaded after Nov, 22
2005.
FeaturePics will make payment of
fees due to Artists in regards
to sales of digital licenses
during the first and third week
of every calendar month,
provided the payable amount
aggregates a minimum of US
$50.00 or more at the end of the
previous week. Any sales
proceeds not reaching the
minimum will be retained until
the end of the calendar year.
Before compensation for each new
sale becomes eligible for
payout, the 30 day holding
period must elapse.
Artist acknowledges that the
rate is subject to change in the
sole discretion of FeaturePics.
In the event of the rate change,
FeaturePics will provide a
notice in advance by posting
such changes on the Website.
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4.4
Artist Responsibilities
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Artists are responsible for
specifying license type and
price and for submitting Model
Release(s), and Property
Releases. |
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4.5
Copyright |
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The copyright of all content
uploaded by Artist is retained
by Artist. |
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FeaturePics can display, make
thumbnails, and accept payments
for licenses.
FeaturePics can use uploaded
images to create derivative
works for marketing purposes.
All images used in FeaturePics
marketing publications will have
a link to the Artist's page on
the FeaturePics site.
Uploaded Images can be sold in
Collections if Artist has
accepted an offer to license the
Image on a "price per MB" basis.
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6.1
Comping Images |
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Complimentary ("Comping") Images
are medium- to low-resolution
images that you can use to "try
out" in your layouts to see how
they will look, but they cannot
be used for any finished
project. FeaturePics permits
Buyer to download without charge
an Image for use in creating
"comps" and for "pitching" a
client.
Please review our
Comp License
for more information.
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6.2
Prohibited Uses
Transfer the rights to the
Image(s) or accompanying
materials (if applicable),
except as specifically provided
for elsewhere in this Agreement.
Copy or reproduce the Image(s)
or accompanying materials (if
applicable),
Use the Image(s) in any way that
could be considered defamatory,
pornographic, obscene, immoral,
or fraudulent.
Use the Image(s) or any part of
it as part of a trademark,
service mark, or logo.
Re-sell, distribute or
sub-license the Image(s),
accompanying material, (if
applicable), or the rights to
use the Image(s) to anyone for
any purpose, except as
specifically provided for
elsewhere in this Agreement.
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6.3
Paying through Authorize.Net (we
don't collect credit card
information) |
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When you use a credit card at
FeaturePics, your initial
contact information is captured
and retained in the FeaturePics
database. However, the final
stage of the transaction takes
place on the Authorize.Net
website and FeaturePics retains
only the last four numbers from
your credit card number. No
credit card numbers are
maintained by FeaturePics.
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6.4
Refund Policy |
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Under normal conditions license
payments are not refunded.
FeaturePics will consider
exceptions to this rule on a
case by case basis, but
exceptions will be rare. In the
event a Buyer maintains a credit
balance for a period of at least
90 days, the Buyer's request for
a refund will be promptly
approved and credited to the
Buyer's credit card.
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6.5
Responsibility for checking
releases |
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Model and property release
requirements vary from
jurisdiction to jurisdiction.
The Artist who uploads an image
accepts complete responsibility
for obtaining and uploading all
required releases, if any.
FeaturePics requires adherence
to all laws, but does not police
and is not responsible for
infractions by others, if any.
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6.6
Taxes |
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You agree to pay and be
responsible for any and all
sales taxes, use taxes, value
added taxes and duties imposed
by any jurisdiction as a result
of license granted to you, or of
your use of the Image(s),
pursuant to this Agreement.
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Artists and Buyers of the
Website can post content in
Feedback, Alerts, and Work
Products sections of FeaturePics.
Our objective is to provide
useful services to our Members,
and we believe that only polite
and civil submissions are
appropriate to that end.
FeaturePics does not pre-screen,
verify or edit the content
posted by Members. FeaturePics
and its agents reserve the right
to investigate any violation of
the FeaturePics Terms of Use and
to take appropriate remedial
action. However, primary
responsibility for content rests
with the Member who provides it.
Do not reveal information that
you do not want to make public.
A general caution, any personal
information that you post can be
obtained and used by others.
Anything you post in these
FeaturePics sections, you post
at your own risk. The following
list describes specifically
prohibited uses, but can not be
all inclusive, so please apply
the "polite and civil" test
prior to submitting content.
Prohibited Uses – To publish,
post, distribute, or
disseminate:
any unlawful, harmful,
threatening, abusive, harassing,
defamatory, libelous, invasive
of another's privacy, vulgar,
profane, sexually explicit,
obscene, racially or ethnically
offensive or otherwise
objectionable material or
information;
advertising or promotion, junk
mail, "spamming," chain letters,
or any other form of
unauthorized solicitation;
software viruses, worms, trojan
horses, time bombs or any other
computer code or files that are
designed to disrupt, damage, or
limit the functioning of any
software or hardware;
any non-public information about
FeaturePics without the proper
authorization to do so;
material that suggests or
encourages illegal activity;
information that advertises or
markets competitor services.
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8.1
Image acceptance
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Uploaded Images are processed by
the Artist and reviewed by
FeaturePics prior to their being
released for public viewing. The
Artist provides description and
classification information, as
well as specifying price and
licensing terms, and then
submits the image for review.
FeaturePics will make every
effort to review every image
within three business days after
Artist submission for review.
A
review can have any one of three
outcomes:
The image is accepted and is
immediately available for public
viewing.
The image is conditionally
accepted but the description is
rejected. This image requires
additional Artist supplied
information prior to being
released for public viewing. It
can be resubmitted by the
Artist.
The image is rejected. These
images can only be deleted. They
will not be released for public
viewing. The most common reason
for rejecting images is the
image did not match the
standards of the reviewer.
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8.2
Termination of accounts
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FeaturePics reserves the right
to refuse Service to anyone or
any company for any reason. If
FeaturePics refuses to provide
its Service to a registered
Artist, FeaturePics will provide
an explanation to the Artist.
If
FeaturePics refuses to provide
its Service to a registered
Photo Buyer, FeaturePics will
issue the Photo Buyer a refund
for the cost of all account
activation fees the Photo Buyer
paid to FeaturePics, if any.
Licenses purchased prior to the
date of termination will not be
refunded.
Any registered Member may
terminate the membership at any
time by sending email to:
contact@FeaturePics.com.
Member's notice of termination
will be effective upon receipt
by FeaturePics.
The terms of the sections of
these Terms of Use entitled
"Copyright", "Prohibited Uses",
and "Disclaimers", shall remain
in effect after a Membership has
been terminated.
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Member shall indemnify, defend
and hold harmless FeaturePics,
its officers, directors,
employees, partners, associates,
affiliates, joint venturers,
agents and representatives, from
any and all claims based on
allegations which, if true,
would constitute a breach of any
of the foregoing warranties, and
any and all liabilities, losses,
damages, expenses (including
attorneys' fees and costs) and
damages in consequence thereof.
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an individual has an objection
to an image on the site, for
whatever reason, their first
action should be to notify
Featurepics by email (contact@featurepics.com),
and the image will be
immediately removed pending
investigation of the issue.
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11.1
Limitation of liability
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Neither FeaturePics nor its
directors, employees, licensors,
content providers, affiliates or
other representatives will be
liable for damages of any kind
(including, without limitation,
lost profits, direct, indirect,
compensatory, consequential,
exemplary, special, incidental,
or punitive damages) arising out
of the license of Images, your
use of, your inability to use,
or the performance of this
website or the Content whether
or not we have been advised of
the possibility of such damages.
Member agrees to use Website at
his or her sole risk.
FeaturePics doesn't provide any
warranty to the product,
services, data storage, or
results that may be obtained
from use of this website.
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11.2
No legal advice |
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The information supplied by
FeaturePics on the website in
regards to model and property
releases is intended solely for
information only. You are
advised to seek legal advice
before relying on any
information contained in this
help and advice. |
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11.3
No use trace |
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All parties acknowledge that
FeaturePics cannot possibly
trace or enforce any reliable
checking methods to
prevent unauthorized use of any
images downloaded. |
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11.4
Adult Content |
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All models, actors, actresses
and other persons on Images with
adult content should be over the
age of eighteen (18) years at
the time of the creation of such
Images. By signing "Upload
Rules" The Artists agree they
are aware their models on Images
with adult content are at least
18 years of age. |
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FeaturePics shall have the right
at any time to impose, change,
or modify the terms and
conditions applicable to
Member's use of this Website, or
any part thereof, including, but
not limited to, content, hours
of availability, and equipment
needed to access the Website.
FeaturePics shall have the right
at any time to impose new terms
and conditions. Such changes,
modifications, additions, or
deletions shall be effective
immediately upon notice thereof,
which may or may not be given by
means including, but not limited
to, posting on the Website a
revised version of this
document, and notification by
electronic or conventional mail.
If any such change is
unacceptable to Member, Member
may terminate his or her
membership account as provided
in the section below. Any use of
this Website after such notice
(other than to terminate
membership pursuant to the
section below) shall
conclusively be deemed to
constitute acceptance by Member
of such changes, modifications,
additions, or deletions. Member
agrees to review the terms and
conditions periodically to be
aware of such revisions. Member
may also be subject to
additional terms and conditions
imposed by third-party content
providers in connection with
third-party content, software,
or services. |
YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS.
Entire Agreement effective
11/22/2005. |
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Agricultural
