Monday, January 21 2019
WHO WE ARE
PaidPictures is the trade name of BVBA DELPRO SOLUTIONS, with registered office at 8600 Diksmuide, Kerkhofstraat 67A, Belgium.
Registered at the Crossroads Bank for Enterprises under number BTW BE 0862.370.778 , RPR Veurne.
This User Agreement (hereinafter called "Agreement") is a contract between you and BVBA Delpro Solutions (hereinafter called PaidPictures, "we", "our" or "us" as appropriate). This agreement describes your and our rights and responsibilities when you work for us and / or use any related products and services that we offer.
PaidPictures asks its members to send photographs within the framework of an assignment well defined by PaidPictures (hereinafter called "the assignment").
The assignment will be bought by PaidPictures and can be resold to third parties. The result of the assignment will be used for commercial purposes.
By accepting the present user agreement, the member agrees to the terms and conditions stipulated by PaidPictures and confirm that all information and personal data provided to us are at all times correct.
Everyone who registers on the site of PaidPictures is granted access to certain exclusive parts of the website.
PaidPictures will contact every registered member on a regular basis, by telegram, fax, e-mail or any other means of telecommunication. By accepting the present users agreement, each registered member accepts this mode of communication.
Electronic communication between PaidPictures and the members has the same binding force as a written document and will be excepted as evidence by the parties. .
For the time being, membership is free. However, PaidPictures can decide to charge a membership fee. The users will be informed of this by e-mail one month before the decision takes effect. The members are free to decide whether they continue their membership or not.
PaidPictures reserves the right to refuse potential members without having to pay any compensation.
PaidPictures can remove or suspend a member at any time without having to pay any compensation.
PaidPictures will screen all registration applications with all possible dispatch. If a high number of registration applications are received at the same time, registration and access may take some time. PaidPictures rejects all liability for this matter.
Underage members will be considered to have the approval of their legal guardians by means of the subscription and registration.
Certain features or services offered on or through the Site require you to open an account (including setting up an login and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify PaidPictures immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by PaidPictures or any other user of or visitor to the Site due to someone else using your login, password or account.
You may not use anyone else’s login, password or account at any time without the express permission and consent of the holder of that login, password or account. PaidPictures cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
PaidPictures entrusts its members with an assignment, for which they have to make photographs and send them to PaidPictures, which will resell them to its customers. PaidPictures will entrust its members at regular intervals with assignments, always by e-mail. The members are not obliged to accept an assignment.
Before actually carrying out the assignment, PaidPictures can ask its members to send in a few photographs. PaidPictures is in any case entitled to the copyrights relating to these photographs as well as to the copyrights relating to the photographs provided within the framework of the assignment, regardless of the manner in which the photographs were sent.
The photographs are to be provided to PaidPictures preferably by our upload system or by any other means of communication explicitly accepted by PaidPictures.
By handing over the photographs, you offer us to buy the photographs that you have made under these Conditions. We preserve the right to accept or deny this offer.
The fact that PaidPictures receives the result of the assignment does not imply that PaidPictures accepts the result of the assignment. PaidPictures determines which assignments were carried out to satisfaction and which assignments were not. Only PaidPictures decides whether or not the member will receive the agreed fee. Correspondence about this matter is completely out of the question.
A final agreement is concluded between PaidPictures and the member at the moment on which the member sends back a confirmation of the e-mail message sent by PaidPictures. In the absence of a confirmation, no agreement is concluded and the member is not entitled to anything.
PaidPictures will pay each member of whom the result of the assignment was accepted by PaidPictures a certain fee which depends on the assignment and which can be altered during the assignment, at the discretion of PaidPictures. Payment is always in € or US $. PaidPictures determines the term of payment. Payment depends on the nature of the assignment. Approval of a single photograph does not imply any payment. Payment is made depending on bank transfer costs. Payment is currently made through PayPal (Payment Service Provider) (please also see below)
On no account will members be paid for any assignment that was not accepted by PaidPictures. The photographs will not be returned either.
PaidPictures reserves the right to decide to cancel the assignment and to stop its further execution, for any reason whatsoever. In such an event, PaidPictures will not have the obligation to pay any compensation.
The member grants PaidPictures the right to use the photographs as they see fit without any limitations, to grant licenses for the photographs, to sell them, ...
On no account will the member be entitled to any form of compensation for the use of the photographs apart from the above-mentioned fee. (Explanation: this means that PaidPictures is entitled to use the photographs outside the scope of the assignment, but that the member is not entitled to any compensation).
The member grants PaidPictures an exclusive right to use the photographs for any purposes that PaidPictures may desire.
The member is not allowed to commercialize the photographs at any time.
If the member violates copyrights or any other rights by taking the pictures, he or she will bear the sole responsibility. The member also undertakes to indemnify PaidPictures against any claims against PaidPictures put forward by third parties.
Paidpictures can call on its rights at any time. The mere fact that PaidPictures does not call on its rights, does not imply that these diminish or perish.
The member states to be the rightful owner of all the intellectual or other rights which lie within the photograph or within the subject of the photograph. Insofar that the member photographs a subject which is protected by copyright and/or by trade mark, the member states to have the acquired authorisation, given by the claimants, to photograph the subject and to carry over the rights to PaidPictures in order to use them for commercial purposes.
The member hands over all his intellectual rights on the photographs to PaidPictures and gives the latter the authorisation to use the photographs for commercial purposes without leaving the member any rights, nor the possibility to claim any present or future compensation.
As far as the member has carried over any photographs to Paidpictures which are burdened with intellectual rights, belonging to third parties, the member will solely carry all responsibility and will safeguard PaidPictures from any claims regarding this made by thirds parties.
Further more the member will compensate Paidpictures for all its suffered damage.
If the member personally uses any photographs, which were handed over to PaidPictures, for his own commercial or other purposes, this member will immediately be legally persecuted.
Any violation of the member on this user agreement, will lead to immediate exclusion of this member, leaving the member without any right to claim still owed or future compensation.
MODE OF PAYMENT
PaidPictures will pay any member who sent an accepted photograph in accordance with the stipulations mentioned above.
Payment will be done through the PayPal system. For further information, please visit the following URL: https://www.paypal.com/ if the member prefers another mode of payment, this is possible subject to the explicit consent of PaidPictures.
The payment costs are at the expense of the member.
PaidPictures cannot be held liable for the operation of the PayPal system at any time.
Payment cannot be demanded from PaidPictures if the member originates from a country that does not accept payment via the PayPal system. The countries that accept payment via the PayPal system can be found on the above-mentioned URL.
If the country of the member decides at a certain point in time to join the PayPal system, PaidPictures cannot be sued for late payments at any time. If a member from a country that does not accept the PayPal system sends a photograph to PaidPictures, the member voluntarily waives his right to any compensation. PaidPictures keeps the exclusivity as mentioned above.
Compensation because of claims made against PaidPictures is out of the question The members, in no case, have pledge or pawn on PaidPictures property .
INTELLECTUAL PROPERTY RIGHTS
All text, drawings, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, films, images, data, databanks, software, designations, trade and domain names, brand names, logos, photographs and any other components (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to PaidPictures, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these User agreement, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without PaidPictures express prior written consent.
The e-mails are subject to the same kind of protection.
Any violation of these rights can be prosecuted in a criminal or civil court.
UNAUTHORISED USE OF THE WEBSITE
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. PaidPictures reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any PaidPictures server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of PaidPictures, including any PaidPictures account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or PaidPictures systems or networks, or any systems or networks connected to the Site or to PaidPictures.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to PaidPictures on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by this User agreement, or to solicit the performance of any illegal activity or other activity that infringes the rights of PaidPictures or others.
You may not use the website in such a manner that the website is damaged, transformed, interrupted, cancelled or made less efficient in any other way.?
You may not use the website for the transmission or posting of computer viruses, or for the transmission or posting of slanderous, obscene or threatening material. ?
You may not use the website in such a manner that the rights of a natural person, a legal person or association are violated, e.g. privacy rights and intellectual property rights. ?
You may not use the website for posting and transmission of material for promotional or advertising purposes without prior permission of PaidPictures, unless this was requested by the recipient. ?
You may not use e-mail or other possibilities to send viruses, Trojan horses, etc., which may affect the proper operation of the website.?
You may not use the site to send pictures, files, ... which may damage the website of PaidPictures, slow down the operation, or which may cause any damage to the website.
PaidPictures devotes its full attention to the design and maintenance of this site. However, PaidPictures cannot guarantee the correctness of information found on this site. The user has to be aware that information can be changed without prior notice. PaidPictures cannot be held liable in any way for the contents of this site nor for the use that can be made of it. PaidPictures cannot be held liable for the contents and the existence of other sites hyperlinks to which can be found on this site.
PaidPictures does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. PaidPictures disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. PaidPictures disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any PaidPictures services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against PaidPictures for Dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
PaidPictures reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under PaidPictures control, and PaidPictures is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
PaidPictures cannot be held responsible for any ads which may be found on the website or in the e-mails.
VIOLATION OF THE USER AGREEMENT
PaidPictures may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) PaidPictures rights or property, or the rights or property of visitors to or users of the Site, including PaidPictures customers. PaidPictures reserves the right at all times to disclose any information that PaidPictures deems necessary to comply with any applicable law, regulation, legal process or governmental request. PaidPictures also may disclose your information when PaidPictures determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that PaidPictures may preserve any transmittal or communication by you with PaidPictures through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or PaidPictures determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this user agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of PaidPictures, its employees, users of or visitors to the Site, and the public.
You agree that PaidPictures may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these User agreement or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these User agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to PaidPictures, for which monetary damages would be inadequate, and you consent to PaidPictures obtaining any injunctive or equitable relief that PaidPictures deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PaidPictures may have at law or in equity.
You agree that PaidPictures may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If PaidPictures does take any legal action against you as a result of your violation of this User agreement, PaidPictures will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to PaidPictures. You agree that PaidPictures will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of this User agreement.
APPLICABLE LAW AND JURISDICTION
For all disputes regarding this users agreement, the website, the e-mails, the photographs, the terms of agreement with the assignment, intellectual property rights or way of paying, Belgian Law applies.
Only the courts of Bruges, Belgium have jurisdiction to settle all possible disputes.
If any of the provisions of these User agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these User agreement, so that these User agreement shall remain in full force and effect. These User agreement constitute the entire agreement between you and PaidPictures with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and PaidPictures with respect to such use are hereby superseded and cancelled. PaidPictures will not accept any counter-offers to this User agreement, and all such offers are hereby categorically rejected. PaidPictures failure to insist on or enforce strict performance of these User agreement shall not be construed as a waiver by PaidPictures of any provision or any right it has to enforce these User agreement, nor shall any course of conduct between PaidPictures and you or any other party be deemed to modify any provision of these User agreement. This User agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
As PaidPictures business is constantly evolving and we are adding additional features and benefits from time to time, it is necessary for us to be able to amend the Agreement and policies to reflect these changes. We may amend this Agreement and policies at any time by posting the amended terms on our site. Subject to applicable law, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will be posted on the "User Agreement" page, accessible from the "User Agreement" Link.