Contributor contract

V1.1/2001-PhM.4. Contributor contract (for Contributor users)

Art. 1 By creating a Seller/Contributor type account I declare that I have read, understood and fully agreed with this contract, concluded through the platform www.photomuse.net

  • 1) The data provided for the registration of the Vendor / Contributor type account are real, belong to me and I agree to have the quality of Contributor within the platform www.photomuse.net ;
  • I am an individual with the age over 18 or a legal representative of an organization (legal entity) interested in becoming a Contributor within the platform www.photomuse.net ;
  • I declare that I have read and agreed with the general document Terms and conditions for using the platform, a document published online on the photomuse.net platform, which becomes an annex to this contract, a document which presents the definitions of some common / specific used terms;
  • The online sales platform www.photomuse.net  is the property of Photomuse Image SRL (Photomuse) and is referred to as the Platform.

Art.2 Contract Objective

  • The Contributor agrees to market digital assets (DiAs) accompanied by licenses of use, making them available to Photomuse by uploading them to the online sales platform Photomuse.net. The DiAs, together with the license of use and auxiliary information, is hereinafter referred to as the Product.
  • Licenses to use the products are predefined by Photomuse and are published on the Platform, the contributor having the possibility to choose one or more licenses for each DIAS proposed to be marketed on the Platform. With the creation of the account, the Contributor fully agrees with the types of License published on the platform and with the details corresponding to each type of license, as they are published on the Platform.
  • Auxiliary information is text type information, which accompany each DiAs and provides additional information about it. Some of the auxiliary information required to register a DiAs is mandatory, some is optional.
  • In exchange for the commission established in this contract, the Contributor permanently authorizes Photomuse Image SRL to sell online the Products of the Contributor, to individuals or legal person through the Online Sales Platform www.photomuse.net.
  • Photomuse is authorized by this contract to bill and collect the price of the Products displayed on the Platform, then to transfer the amounts that belong to the Contributor to the bank account mentioned in the Personal Profile.
  • For the purposes of the preceding paragraphs, Photomuse undertakes to exhibit on the Platform and promote the Contributor’s Products that meet the technical, artistic, documentary, legal and moral conditions mentioned in the Terms and Conditions for using the Platform, a document published online on the photomuse.net, which becomes an annex to this contract.
  • Products are marketed exclusively online, without any geographical limitation on their marketing;
  • The Contributor does not grant Photomuse exclusivity in the promoting and selling the products.
  • Photomuse does not grant exclusivity to the Contributor. In this sense, the Photomuse.net platform allows collaboration with an unlimited number of contributors.
  • The product accepted for marketing on the photomuse.net platform may be sold to an unlimited number of customers during the period of validity of this Agreement.
  • The price of the product displayed on the site is expressed in euros and can be displayed in RON equivalent or other selectable currencies. The price in euros is fixed and is set by the contributor once the product is uploaded to the Platform.

Art.3 Contract price. Making payments

  • According to the agreement of the parties, the Contributor undertakes to assign to Photomuse a commission representing 30% of the value collected by Photomuse following each sale on the Platform of a product of the Contributor;
  • Photomuse is entitled to receive the commission mentioned in par. (1) for any transaction concluded through the Platform during the period of validity of this Agreement.
  • The Contributor is entitled to receive 70% of the amount collected, following the sale of a Product uploaded by the Contributor on the Platform, for each transaction concluded through the Platform during the period of validity of this Agreement.
  • The Contributor agrees that the amount calculated according to the provisions of paragraph (3) represents all the claims that the Contributor has in case of sale of the respective product through the platform.
  • Photomuse undertakes to make payments to the Contributor as follows:
  • Monthly, for cumulative sales of over 21 euros: at the latest in the first 15 working days of the following month;
  • Quarterly, for cumulative sales between 11-20 euros, in the first 15 working days of the first month of the following quarter;
  • Half-yearly, for cumulative sales between 1-10 euros, in the first 15 working days of the first month of the following semester.
  • The amounts paid to the contributor will be paid in euros or euro equivalent in lei, calculated at the BNR(National Bank of Romania) exchange rate on the date of payment, in case the contributor is resident for tax purposes in Romania.
  • The platform uses a real-time sales reporting system, in which sales are reported to the Contributor’s account when a customer purchases / pays for a product by credit card.
  • If the Contributor has not provided payment details or any details provided necessary to make the payment are incorrect, Photomuse may remit any such balance more than 3 years old to a non-profit organization chosen by Photomuse.

Art.4 Contract Duration

  • This contract will be available for a determined period starting with the date of uploading on the Platform of the first Product validated for sale and until December 31 of the current calendar year.
  • If, after the expiry of the period provided for in paragraph (1), both parties continue to establish their obligations under this contract, it shall be deemed to be tacitly extended for a further period of one calendar year.
  • Each of the parties will have the right to terminate the execution of the contractual obligations by unilaterally terminating the contract, subject to the written notification of the other party. This notification will be made at least 30 calendar days before the effective termination date.

Art. 5 Photomuse Image srl rights and obligations

  • Photomuse has the obligation to verify the Products proposed by the Contributor for sale in terms of artistic, documentary, technical quality and moral aspects;
  • Photomuse is the one who decides to accept the sale of a product and has the right to refuse the sale of products that do not meet the standards of the Platform without expressly providing a justification.
  • For the accepted Products Photomuse undertakes to make available to the Contributor, through the user account created on the Platform, updated information regarding the products offered for sale, the situation of sales and payments made to the Contributor;
  • Photomuse has the right to negotiate the selling price of the Product proposed by the Contributor, before the validation of the Product on the platform;
  • Photomuse has the obligation to inform the Contributor about any complaints or dissatisfaction of the customers regarding the Contributor’s Products as soon as it becomes aware of their existence;
  • Photomuse has the obligation to inform the Contributor about any violation of the conditions of use (licenses) in connection with the Contributor’s Products as soon as it becomes aware of their existence.
  • Photomuse has the obligation to archive and store on its own computer systems the validated Products and to make available to the Contributor, through the user account, information regarding the identification of the archived products (product code);
  • Photomuse has the obligation to take reasonable steps to prevent fraud and to protect the files and information uploaded on the Contributor platform;
  • Photomuse reserves the right to delete at any time any Product that proves not to meet the criteria referred to in paragraph (1);
  •  Photomuse has the right to add, modify or delete any metadata for a Product if, in the opinion of Photomuse, this could increase the sales potential for that Product or if it considers that the metadata is incorrect.
  •  Photomuse has the obligation to delete from the Platform the Product for which the Contributor requests the withdrawal, within a maximum of 30 calendar days since the request was received.
  •  Photomuse has the right to delete / block the user’s account in the event that his activity on the Platform contravenes the rules mentioned in the Terms and conditions for using the platform.
  •  Photomuse has the obligation to issue invoices to customers for the products sold;
  •  Based on this contract, Photomuse has the obligation to make payments to the Contributor in accordance with the provisions of art. 3.
  •  Photomuse reserves the right to update the Terms and Conditions for using the Platform at any time
  •  Photomuse has the obligation to notify the Contributor in the event of a change in the Terms and Conditions for using the Platform.

Art.6 Contributor rights and obligations

  • The Contributor undertakes to comply with the Terms and Conditions for using the Platform, a document published online on the photomuse.net platform, which becomes part of this contract together with its annexes: PhM.1.General data protection regulation; PhM.2.Cookie policy; PhM.3. Photomuse licenses and DIAS dimensions
  • The contributor has the right to use the photomuse.net platform free of charge for the entire period of validity of the contract;
  • The Contributor has the obligation to verify the accuracy of the personal information provided with the creation of the account and the completion of the user profile on the Platform;
  • With the addition of a Product on the Website, the Contributor guarantees that he is the owner of the property rights over the Product put up for sale or is empowered by the holder of this right and this action does not violate copyright, intellectual property rights, moral rights or trademarks third party transactions;
  • The Contributor guarantees that it has the right to grant the License to use the Product and may present Photomuse at any time documents / model contracts, in the situation where contemporary human characters appear in images (except for images in the category of photojournalism);
  • The Contributor warrants that there are no claims by any third party regarding the rights of ownership and / or use of the Product.
  • When uploading the product on the Platform, the Contributor has the obligation to follow the instructions provided by Photomuse.net;
  • The Contributor has the obligation to associate to each product uploaded on the platform one or more Use Licenses as they are pre-established and published on Photomuse.net. These licenses offer buyers detailed information on the conditions of use of the products and any limitations or restrictions on the use of the purchased products.
  • The Contributor confirms that he understands and agrees with the rights offered by the License associated with each product uploaded on the platform.
  • When uploading the product on the Platform, the Contributor has the obligation to verify the correlation between the uploaded image and the auxiliary text information entered to describe the product;
  • When uploading the product on the Platform, the Contributor has the right to set the maximum selling price of the product displayed on the platform. This price corresponds to the EXTENDED License, RAW size.

This price is a mandatory element when a new product is put up for sale and is requested in the step: Step # 2 / 8. Prices and licenses / 8.1 Select one of the suggested prices or 8.2 … or propose a price

  • The contributor is not obliged to sell the product having the characteristics referred to in paragraph 8, this price being a reference price necessary for the platform to automatically calculate the sales prices for each license / size pair corresponding to the same DIAS.
  • The Contributor understands and agrees that the platform automatically calculates and displays the selling price for each product proposed for sale on the Platform (for each pair license / size). This price is displayed when the auxiliary data for a new product is completed in step Step # 2 / 8. Prices and licenses / 8.4 Prices
  • The Contributor has the right to withdraw the Product from sale with a notice sent to the Platform at least 30 days before the date of withdrawal.
  • The Contributor agrees that any product sold through the Platform will be licensed and understands that by withdrawing a product from the Platform the license granted to the Buyer is not revoked if the sale took place before the date of withdrawal of the product.
  • The Contributor will ensure, if necessary, that the License granted for the product uploaded to the Platform does not conflict with any other license granted by it for the same product, outside the Platform, before or after the registration of the product on the Platform. In case of violation of this provision, the Contributor is solely responsible for any damages created / invoked by third parties.
  • The Contributor understands and agrees that in the event of the withdrawal of a product Photomuse has no obligation to return to the Contributor any data (text or image) that describes or represents that product.
  • The Contributor understands and agrees that the product uploaded to the Platform may be included and displayed in the listing and promotion of search engines and may be used by the Platform without the prior consent of the Contributor and without giving him an additional benefit, in marketing purposes (articles, blog, interviews, social media) to promote the sales of Photomuse images and / or to increase awareness of the name of the Contributor;
  • The Contributor understands and agrees that the product uploaded to the Platform may be included and displayed in the listing and promotion of search engines and may be used by the Platform without the prior consent of the Contributor and without giving him an additional benefit, in marketing purposes (articles, blog, interviews, social media) to promote the sales of Photomuse images and / or to increase awareness of the name of the Contributor;
  • The Contributor agrees that its products used for the promotional materials described in paragraph (18) may be modified, including by cutting, manipulating, combining and creating derivative images.
  • Based on this contract, the Contributor has the right to collect the amounts agreed in accordance with the provisions of art. 3
  • For the income obtained as a result of the performance of this contract, the Contributor undertakes to fulfill his tax obligations applicable in the country / region where he is resident for tax purposes
  • The contributor has the right to report to Photomuse Image SRL any fraud found regarding the use by third parties of a product uploaded on the Website.

Art.7 Force majeure

  • Neither Party shall be held liable for a breach of the Contract if it is unable to fulfill its obligations as a result of natural disasters, wars, emergencies, strikes, acts of terrorism, major problems with the operation of the Internet or any other reasons or situations beyond its reasonable power of control; however, if such reasons or situations persist for more than thirty (30) calendar days, either Party may terminate the Contract affected by that force majeure by giving written notice to the other Party.

Art.8 Contract sale

8.1 The contributor may sell his rights and obligations under this contract to a third party (for example to collective copyright management organizations) with the written consent of Photomuse. The written agreement will be communicated to the Contributor within a maximum of 5 working days from the date on which he requested the consent. If Photomuse does not respond within the time limit indicated above, Photomuse is considered not to have consented to the assignment of the contract.

8.2 Photomuse may sell this contract to a third party. In this situation, it will send a notification to the Contributor at least 30 calendar days before the date of entry into force of the act.

8.3 The successors of the Contributor will inform Photomuse about the decision to continue or terminate the contract. In any case, they will provide Photomuse relevant documents.

Art.9 Contract modification

  • Photomuse may modify or complete the provisions of this contract, after a prior notification sent to the Contributor at least 30 calendar days before the date of entry into force.

Art.10 Notifications between the parties

  • For the acceptance of the Contracting Parties, any notification addressed by one of them to the other shall be validly fulfilled if it is sent in writing by e-mail. The notification sent by e-mail shall be deemed to have been received on the first working day following that on which it was sent

Art.11 Litigation

  • This Agreement is governed by the laws of Romania. The exclusive jurisdiction and location of the trial of any disputes that may arise from this Agreement will belong to the courts of Romania.

Art.12 Other final provisions

  • The contract is written in Romanian. The contract is written in bilingual Romanian-English. In case of interpretation, the Romanian version will be interpreted and taken into account.
  • Without taking into consideration the fact that this Agreement has been drafted by Photomuse Image SRL, you confirm that this Agreement constitutes the agreement of the parties and is intended to be interpreted in accordance with its object and activities, as well as the Terms and Conditions for using the Platform, document published online on www.photomuse.net  platform, being a part of this contract.

SC PHOTOMUSE IMAGE SRL

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