Voorwaarden voor fotografen
Deze voorwaarden voor de fotografen zijn helaas in het Engels. De reden hiervoor is dat Region Images deel uit maakt van Image Select. Doordat deze website in meerdere landen gelanceerd zal worden is het noodzakelijk om de voorwaarden in het Engels op te stellen.
The following is a legal agreement between a member ("you", "Provider/photographer") who provides photographic images and/or graphics ("Images") for the www.regionimages.com website ("Website") and the Website’s owner and operator, Region Images ("Region Images", "we") which governs the uploading of Images. By uploading Images to the Website and becoming a Provider, you agree to be bound by the terms of this Upload Agreement. If you do not agree with these terms, do not enter into this Agreement and do not use the Upload section of the Website.
Uploading Images / Grant of License
Region Images does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Region Images reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Membership Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. Region Images shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Region Images to determine Accepted Content is done as a courtesy only.
Both parties acknowledge that from the Provider may upload Images to the Website, and Region Images will screen these uploads to see if they are suitable for distribution.
The Provider authorizes Region Images to be his/her exclusive / non-exclusive agent to license his/her Images to third parties on a royalty-free, rights managed or editorial based on the terms that can be found in the Image License Agreement, as amended or updated from time to time. In addition, the Provider allows Region Images, in its sole discretion to reproduce, publish, distribute, transmit, broadcast, adapt, display, modify, enhance, crop, or create duplicates of the Images, in any media now known or which may become known in the future, including, but not limited to, sublicensing the Images to affiliates or third parties and licensing the Images via subscription. The Provider also acknowledges that these images may be used for promotional purposes for the Website or the online gallery of the Provider. you also understand that no fee will be paid to the Provider for Images used by Region Images for promotional purposes, whereby no payments are paid to Region Images for such use.
The Provider acknowledges that Region Images 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 Website. You further acknowledge that you are responsible for any challenges made by any third party regarding copyrights in the Image. You are solely responsible for the Images you upload.
By uploading an Image, the Provider is warranting that he/she owns all proprietary rights, including copyright, in and to the Image. The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the Provider, unless otherwise mentioned by the license agreement. You acknowledge that you will provide accurate information at submission date and during the time interval that the file is hosted on Region Images servers. Region Images reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info. Region Images reserves the right to reject any Image depicting a person or persons, in case the Image does not have a corresponding or valid Model release.
Region Images has the right to inform its customers or visitors that your Image might need additional rights if it were to be used for commercial purposes. An Image without a valid, legal and signed release document that would require such a document to be present in case of commercial usage of the Image, or an Image which might need additional rights in case of commercial usage of the Image, will be accompanied by a clearly visible remark ‘Editorial use only. Not to be used in commercial designs and/or advertisements’.
We also reserve the right to remove any approved Image at any time if we believe it is defective, of poor quality, needed for complying with updated or changed terms in any of our Agreements found on this Website, or infringes on any right. Serious copyright infringement issues such as uploading Images found on other stock photography web sites shall result in the immediate termination of this Agreement, the termination of your membership, and even possible criminal prosecution.
The Provider shall receive either, 45/50 or 55 percent of the sale price received by Region Images for the images they have contributed to the Website which are subsequently sold by Region Images. In first instance all providers will have a bronze status, whereby the provider receives 45% of the sale. If the provider has more than 250 downloads the provider will get the silver status. This means that the commission of the provider will be increased to 50% of the sale. If the provider has more than 500 downloads, then 55% of the sale will be paid. If a provider makes his collection exclusively available to Region Images than an extra 5% will be paid per sale. Region Images reserves the right to change the commission rates without notice to you, from time to time, in its sole discretion. You can check the sales reports by logging in.
You acknowledge that you will be paid your earnings only after they have reached one hundred euros (€100) and you have submitted a payment request via the Website. Regionimages.com/nl is entitled to carefully analyze all details and logs of the Provider and his/her downloads/sales on the website. If any suspicion exists, Region Images has the right to delay the payment request until all details are cleared or to refuse the payment.
Both parties can terminate this Agreement for any reason with a written notice and proof of identity. Upon termination, Region Images agrees to remove your Images from the Website and to send you the remaining earnings in your account balance. Region Images a shall use reasonable efforts to have your Images removed from the Region Images website to also be removed from the websites of any Region Images affiliates (including co-branded websites) within ninety (90) days of the removal of your Images from the main Region Images website. Any licenses issued by Region Images in respect of any your Images that are later removed from the Regionstock website will remain in full force and effect.
Region Images is entitled to keep an offline copy of the Image(s) for several months, in order to allow previous buyers to verify the accuracy of the content or to allow the Provider to reactivate the Image(s). After this time interval has expired Region Images shall erase the Image(s). You acknowledge that if your membership account is terminated by - Region Images because of copyright infringement or other kinds of serious - or even malicious - acts, your earnings will be confiscated.
You agree to indemnify, defend and hold harmless Region Images, its subsidiaries, affiliates, licensors, employees, directors, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees and expenses) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of the Upload Agreement or of any representation or warranty contained herein, your unauthorized use of the Region Images Content and/or Images, or your violation of any rights of another.
THIS SITE AND THE REGIONSTOCK IMAGES ARE PROVIDED "AS IS" AND REGION IMAGES AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, INDEPENDENT CONTRACTORS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. REGION IMAGES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE IMAGES, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT REGION IMAGES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE REGION IMAGES IMAGES. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE IMAGES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Region Images uses reasonable efforts to ensure the accuracy, correctness and reliability of the Images, but we make no representations or warranties as to the Images’s accuracy, correctness or reliability.
Region Images offers a search feature within the Website. Region Images explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory Region Images also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some countries and American states do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL REGIONIMAGES , ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE REGION IMAGES IMAGES OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM REGION IMAGES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO REGION IMAGE RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REGIONSTOCK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO REGION IMAGES FOR ACCESS TO OR USE OF THE WEBSITE.
Any waiver of any provision of the Upload Agreement will be effective only if in writing and signed by Region Images. If any clause in this Upload Agreement is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Region Images reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.