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Photographer Agreement

General Agreement between Photographer and Consumer & Collages.net, Inc.

  1. Introduction

    1. Collages.net, Inc. operates (www.Collages.net), (the Site), to provide online access to information about Collages.net and the products, services, and opportunities it provides (the Service). By accessing and using the Site, you (the Collages.net Member) agree to each of the terms and conditions set forth herein, together with applicable additional terms and conditions, referred to as this Agreement. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions are also posted in particular areas of the Site and, together with this Agreement, govern your use of those areas, the Content, or transactions. These terms are prominently displayed when purchasing photographs from a Collages.net Consumer Site and all Collages.net Products.

    2. The Consumer Sites are operated separately and independently from the Site. They are part of the Collages.net Service, and are generated by you for the purpose of displaying and selling your professional photographs to consumers who attended or are notified about an event or sitting that you photographed. You retain all copyrights to images you post on Consumer Sites.

    3. You must be at least 18 years of age to use the Site. By using the Site, you certify that you are at least 18 years of age and you agree to be bound by this Agreement.

    4. If you do not agree to be bound by this Agreement, or if you are not at least 18 years of age, please immediately exit the site.

    5. Collages.net reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by this Agreement as modified. The most recent date this Agreement was revised is set forth below.

  2. Copyright & Trademarks

    1. You may use the Service, the Site, and the information, writings, images, and/or other works that you see, hear, or otherwise experience on the Site (singly or collectively, the Content) solely for your non-commercial, personal purposes and/or to learn about Collages.net products and services. No right, title, or interest in any of the Content is transferred to you, whether as a result of downloading the Content or otherwise. Collages.net reserves complete title and full intellectual property rights in all of the Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any of the Content obtained from the Site or the Service, except as expressly permitted by this Agreement.

    2. The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Collages.net or its partners, affiliates, contributors, or third parties. The copyrights in the Content are owned by Collages.net or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. You may not manipulate or alter in any way images or the Content on the Site without specific permission from Collages.net or the copyright owner.

    3. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trade mark owner, except as permitted by applicable law.

    4. Links on the Site to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links, with the exception of our partners, do not constitute or imply an endorsement, sponsorship, or recommendation by Collages.net of the third party, the third-party website, or the information contained therein. Collages.net is not responsible or liable for any such website or the content thereon. If you use the links to the websites of Collages.net affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites.

    5. Any software available for download via the Site is the copyrighted work of Collages.net and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

    6. All Images featured on the Consumer Sites were created by Collages.net Members and were provided to Collages.net for sale and distribution. The copyrights on the Images are owned by the Collages.net Members thereof who have licensed to Collages.net the right to post them on the Consumer Sites and provide the services offered.

  3. Collages.net Responsibilities

    1. Collages.net uses reasonable endeavors to ensure that the Service is available 24 hours a day, seven days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Collages.net. Every reasonable step will be taken by Collages.net to minimize such disruption where it is within the reasonable control of Collages.net. You agree that Collages.net shall not be liable to you for any modification, suspension, or discontinuance of the Service.

    2. Collages.net will provide an integrated e-commerce engine for Collages.net Members. Collages.net's e-commerce engine will process all credit card transactions from reprint orders that take place on the Consumer Sites. Collages.net will collect a service fee of between 9%-12% (depending on Member’s product spending) plus a 3% credit card processing fee to the entire order total. Collages.net is responsible for all credit card fees resulting from transactions via the Consumer Sites. After collecting this service fee, the balance of the transaction will be forwarded to the Collages.net Members via direct deposit or Collages.net Account Credit. It is customary for studios to increase their pricing by 12% -15% to cover this service fee. This automated feature is available in the Pricelist Manager.

    3. In the case where the Collages.net Member has selected to use the Full Service solution, Collages.net will retain the entire shipping fee collected on the site as Collages.net will be shipping the order directly to the consumer.

    4. Collages.net has a password-protected administrative area (admin area) that gives Collages.net Members the ability to create, edit, and manage events, as well as process reprint orders.

    5. Collages.net will host and maintain personal, password-protected websites (Consumer Sites) containing images (Images) for the duration of time purchased.

    6. Collages.net will make e-mails of Consumer Site guests available to Collages.net Members for purposes of marketing. These email addresses are the property of Collages.net and cannot be sold or distributed to any third parties, as clearly stated on the Consumer Site log-in page that all Consumer Site guests agree to. Failure to comply with this policy will result in immediate termination of Collages.net membership and could potentially lead to legal action as required by current anti-spam regulations.

    7. Images will be reasonably maintained on Collages.net servers for a period of twelve months from the last active day of the Consumer Site. Collages.net will also provide an Event Backup and Recovery Plan for purchase. When purchased, this plan will cause Collages.net to retain a copy of the Images, either low resolution or high resolution depending on the photographer’s choice, for five years.

    8. Collages.net agrees to prepare images for display on the Internet by slightly reducing the resolution of images and providing an optional proof mark on the images indicating to the viewer that the Images are copyrighted material.

    9. Collages.net will prominently display the Collages.net Member’s contact information (and logo, if provided) on each Consumer Site for the purpose of allowing those who visit each site to contact the Collages.net Member. The Member is responsible, through the Administration Area, for keeping the contact information up to date and displaying it in a way that is satisfactory to the Member.

    10. Collages.net has developed automated systems to facilitate payment or credit on account for reprints purchased on the Consumer Sites. Collages.net holds all reprint monies in escrow until the Collages.net Member indicates that the obligation to fulfill the reprint order for the consumer has been satisfied. Should the Collages.net Member fail to select a payment preference through the admin area (account credit or direct deposit), or should the Collages.net Member fail to change the order status of the reprint orders to processed, shipped, downloaded, or completed after twelve months, any accrued reprint monies will convert to "credit on account" and will no longer be available as cash. After twelve months from this conversion date, unused credits on the account will expire.

  4. Collages.net Member Responsibilities

    1. If you register to become a Collages.net Member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password and to hold Collages.net harmless for any unauthorized use.

    2. The Collages.net Member is responsible for all Images uploaded, shared, or copied when using Collages.net and therefore must have the legal right to copy and display each Image that is uploaded. Collages.net does not allow Collages.net Members to upload and/or post any material that is obscene, offensive, blasphemous, pornographic, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal, or otherwise objectionable. Any image that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct will be removed and the proper authorities will be contacted. Collages.net does not actively monitor the content of members' accounts. However, should they post images that are unsatisfactory to the Collages.net culture, we retain the right and authority to take such images off of the Consumer Site.

    3. Collages.net offers its Members Pay Per Event, Yearly Unlimited Upload and Monthly Unlimited Upload subscription plans to host images online. The cost and particular offers associated with these plans will change from time to time. There are absolutely no refunds for unused months or partial months of use in the case of Monthly Unlimited Upload Plans prior to cancellation, or for a partial year of non-use in the case of Yearly Unlimited Upload Plans. Members are obligated to give 30 days notice by emailing customerservice@collages.net stating the desire to cancel a Monthly Unlimited Upload Plan subscription. Monthly Unlimited Plans will continue to be billed without interruption until cancelled via email. Yearly Unlimited do not renew automatically.

    4. Collages.net Members who subscribe to the Monthly Unlimited Upload Plan agree to have a current credit card on file that will be billed the first monthly fee when the Collages.net Member signs up. Collages.net will then begin billing the credit card monthly, beginning 30 days after the start date (the date the Collages.net Member signs up) specified by the Collages.net Member during the signup process. If they decide to begin uploading jobs before the contracted start date, a new start date and monthly billing date will be automatically re-established. In the event Collages.net discovers any credit card information provided is invalid, Collages.net reserves the right to suspend access to admin area and remove any Consumer Sites or images connected with the invalid credit card.

    5. Collages.net Members are responsible for ensuring that Collages.net has their current fee schedule for reprints and enlargements on the Consumer Sites. Collages.net Members are responsible for maintaining these price lists through the Pricelist Manager.

    6. Collages.net Members are responsible for ensuring that their written bank account information is sent to Collages.net to be enrolled in Collages.net’s convenient direct deposit program and to confirm that Collages.net has successfully received their bank information by U.S. Mail or by faxing a copy of a voided or canceled check.

    7. Within the first 30 days of enrollment, Collages.net Members are responsible for verifying that monies wired by Collages.net are being successfully received into their bank account.

    8. Collages.net Members agree to obtain and retain the necessary permissions from any and all individuals appearing in studios sample Consumer Sites and Products and from all posted Consumer Sites, unless said studios sample Consumer Sites and Products contains only images owned by Collages.net.

    9. Collages.net Members are responsible for fulfilling all reprint orders in a professional and timely manner. In no event will Collages.net be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary, or other indirect damages arising out of (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, even if Collages.net has been advised of the possibility of such damages. If you are dissatisfied with the Site, the Service, the Content, or with the Agreement, your sole and exclusive remedy is to discontinue using the site.

    10. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply. In such states, Collages.net’s liability is limited, expressed, and implied warranties including merchantability and fitness are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

    11. Collages.net Members agree that any Collages.net product or service ordered must be paid for at the time of order. They also agree that in the event an account becomes past due, Collages.net reserves the right to convert any reprint orders to "credit on account" and subsequently use those credits to satisfy any outstanding balances. Collages.net does not offer credit terms.

    12. Collages.net Members agree to acknowledge that all products sold to their customers on the Consumer Site are custom made and have no market value beyond the purchase thereof. As such, all products are non-returnable and payment for all products is required to be made in full in advance.

    13. Collages.net Members understand and agree that they are personally responsible for their behavior on the Site. They agree to indemnify, defend, and hold harmless Collages.net, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

    14. Collages.net Members acknowledge that Collages.net’s does not print images containing full frontal nudity or suggestive subject matter containing more than one person. Though Collages.net respects the artistic nature of its Members’ images, any subject that depicts these matters will result in order cancellation and refund.

  5. Agreement

    1. Collages.net Members and Collages.net acknowledge and agree that they are dealing with each other as independent contractors. This Agreement shall not constitute a partnership, joint venture, or agency between the Collages.net Member and Collages.net, nor shall either of the parties hold itself out as such contrary to the terms hereof, nor shall either of the parties be bound or become liable because of any representation, action, or omission of the other.

    2. Collages.net Members and Collages.net further agree that, after a customer places an order via the Consumer Site, Collages.net will purchase the Product (Images featured on the Consumer Sites in the form of photographic prints or other goods) from the Collages.net Members and direct the Collages.net Member to ship the product, via common carrier, to the customer. It is intended and agreed that title to the product sold by the Collages.net Member to Collages.net transfers to Collages.net after the product is given to the common carrier and placed in intrastate or interstate commerce.

    3. Collages.net will collect sales tax on all Consumer Site reprint orders for those states where Collages.net has nexus, based on the shipping address of the consumer who is purchasing prints. Collages.net will not collect sales tax on orders from states where it does not have nexus. (Nexus States as of 4/15/2010: PA & WA)

    4. Collages.net will collect sales tax from Collages.net Members for all Albums, Prints, Press Printed Materials, and other items (Products) sold by Collages.net to its Members through its internet ordering system in states where Collages.net has nexus. State is based on the shipping address of the Collages.net Member. However, if the Member supplies Collages.net with a blanket Sale for Resale Exemption Certificate, Collages.net will not charge the Collages.net Member sales tax.

    5. Collages.net Members give permission to Collages.net to create personal, password-protected Consumer Sites for the clients and customers of the Collages.net Members for the purpose of viewing, e-mailing, and purchasing posted Images.

    6. Collages.net Members give Collages.net the right to extend the duration of viewing the Consumer Sites.

    7. Collages.net has a no refund policy for orders placed on the Consumer Site because the nature of the print being ordered is custom; the print has no value except to the person ordering it. Once an order is placed on the Consumer Site or through Collages.net the purchaser is agreeing that all sales are final, and the purchaser is warned that such is the case before placing the order.

    8. Collages.net Members have the flexibility to charge whatever amount they deem necessary on their Consumer Sites to cover their product and shipping expenses.

    9. In the event of an error that delays fulfillment of an order, Collages.net’s liability is limited to the fees that have been collected for that order less any costs incurred by Collages.net in the processing of that order.

    10. A chargeback is a situation where a consumer who purchased photographs through a Collages.net Consumer Site notifies their credit card company that they would like the charge reversed. As the merchant of record, Collages.net receives formal written notice of all chargebacks and is given a period of time (typically ten days), to respond in writing. Chargebacks are rare and are usually the result of delayed product fulfillment or delivery time. In the event of any chargeback, Collages.net will notify the Collages.net Member via a phone call and/or e-mail that a chargeback has occurred. Collages.net will work diligently with the Collages.net Member and consumer to resolve the chargeback. Almost every chargeback can be resolved through cooperation on the part of the Collages.net Member and consumer. However, in the event that the chargeback is not resolved, the Collages.net Member is responsible for reimbursing Collages.net for any monies paid to them or credits used pertaining to the order subject to the chargeback. Collages.net will be responsible for any Chargeback fees imposed by credit card companies. Collages.net also assumes the risk of increased merchant processing rates resulting from chargebacks. If the Collages.net Member does not respond to Collages.net within 72 hours after receiving notice of the chargeback, Collages.net reserves the right to charge the Collages.net Member’s credit card on file for the full amount of the chargeback.

    11. Completing the sign-up process obligates the Collages.net Member to the terms and conditions of this Agreement. Access to the Services with Collages.net assumes continued compliance with this agreement.

  6. General Provisions

    1. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Collages.net of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

    2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Collages.net therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. Collages.net does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

    3. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site, any other Collages.net website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions.

Date of Last Modification: April 15 2010