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This is a Contract between you (“the Supplier”) intending to upload a photograph, illustration, video or any other material (“Data File”) onto the Travelingstock.com website (the “Gallery”) on the one hand, and Piccaya sprl. (also sometimes referred to herein as the “Licensor”) on the other hand. By uploadin a "Data File", the Supplier understands that he or she agrees to be bound by the terms of this Contract.
COPYRIGHT
Piccaya sprl prohibits any Data File or any other material that infringes on any patent, trademark, copyright, trade secret, right of privacy, or any other applicable law or proprietary right to be uploaded to its website located at Travelingstock.com.
By uploading his or her Data File, the Supplier warrants that he or she owns all proprietary rights, including copyright, in and to the Data File. To the extent that the Data File contains images of people or persons, the Supplier also represents and warrants that he or she has obtained a model release in substantially the same form as attached hereto as Schedule "A".
The Supplier hereby grants Piccaya sprl a non-exclusive licence to post the Data File on the web site located at Travelingstock.com, and further grants Piccaya sprl the right to sub-license such Data File to members of Travelingstock.com in accordance with the terms of the Piccaya sprl Content Licence Contract, a copy of which the Supplier acknowledges having reviewed and agreed to.
It is agreed that all rights, including title and copyright, in and to the uploaded Data Files is retained by the Supplier, and that no title or copyright transfers or is granted to Piccaya sprl or any third party. The Supplier acknowledges that no monetary or financial compensation is owed or required to be paid to the Supplier by Piccaya sprl or any of its directors, officers, employees, partners, agents or members for the rights granted herein by the Supplier. Notwithstanding the foregoing, Piccaya sprl currently acknowledges that its policy is to provide certain payments to the Supplier whenever a Data File uploaded by the Supplier is downloaded, and the parties agree that Piccaya sprl may amend such policy as reasonable business objectives may from time to time require.
The Supplier agrees that neither Piccaya sprl 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 Data File. The Supplier further acknowledges that he or she is legally responsible for any challenges made by a third party regarding copyright in the Data File.
PAYMENT OF ORDERS
A copy of your ID is required to receive payments which are sent out via bank checks, PayPal and Moneybookers (Min. amount: 100 euros).
WARRANTIES
The Supplier warrants that he or she has the right to grant the license contained in this Contract to Piccaya sprl and its members. The Supplier makes no warranty, expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose. The Data File is supplied "as is".
AREA OF JURISDICTION
This Contract will shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Contract will shall be governed by under the laws of Belgium. Each of the parties hereto does expressly submit and attorn to the jurisdiction of the Courts Brussels, Belgium. The international copyright laws of Belgium will govern this Contract. If any provision of this Contract is held invalid, the remainder of the Contract shall continue in full force and effect.
Click here to download a Model Agreement (Schedule "A")
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