Your use of the Singh-Ray Filters Gallery, and the uploading or submitting of any Work (as defined below), is subject to these terms. For the avoidance of doubt, you and Singh-Ray Filters will not enter into separate agreements for each Work, as this Agreement applies to all Works that you upload or provide to us for uploading onto Website (as defined below) during the term of this Agreement. These Terms also apply to any Work submitted prior to the effective date of this Agreement. If you submit the Work on behalf of an entity, then these Terms apply to that entity and its affiliates. In such a case, you represent and warrant that you have the authority to bind the entity to these Terms..
1.1 “Social Media Site(s)” means a website or application which has a primary focus on facilitating social interaction among its users and allowing users to share content in connection with such social interaction.
1.2 “Website” means our website and applications that facilitate access to our website, Singh-Ray.com.
1.3 “Work(s)” means any photographs; illustrations; templates, including any copyrighted material included within a template or submitted with a template; 3D assets; videos; images; or other pictorial or graphic works (collectively and including all associated keywords, descriptions, credits, and captions) that you submit to us or upload to a Website.
1.4 “Product(s)”means any merchandise, class or service sold by Singh-Ray Filters.
2. License We Need to Use Your Work
2.1 General License for Use of Work. You grant us a license to use, reproduce, publicly display, distribute, modify, publicly perform, and translate the Work on a non-exclusive, worldwide, and perpetual basis in any media or embodiment, subject to any restrictions you have designated at the time of upload via the Website. The license may include the right to modify and create derivative works based upon the Work, including but not limited to the right to use the Work or any reproductions thereof if incorporated or together with or onto any item of merchandise or other work of authorship, in any media or format now or hereafter known, provided that such end users’ use of the modified Work is limited solely to the same uses permitted with respect to the original Work. We may include your Work in our products and offerings.
2.2 Social Media
(A) We may post or share the Work directly or indirectly onto Social Media Sites to better promote our products.
3. License We Need to Promote Your Work
We may use the Work for the purposes of marketing and promoting our Products, the Website, our business, and our other products and services, in which case you grant us a non-exclusive, worldwide, and royalty-free license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Work, for example), publicly perform, and translate the Work as needed. In order to allow our end users to better understand how our Products have affected your Work and to better protect your Work, we may need to include your Work in our fingerprinting or hash database. You grant us a non-exclusive, worldwide, perpetual, and royalty-free license to use, reproduce, distribute, index, and modify your Work for the sole purposes of operating the Website; presentation of your Work; developing new features and services; archiving your Work; and protecting your Work. You also grant us the right, but not the obligation, to use your name, trademarks, and trade names in connection with our license to your Work under the Terms.
4. Intellectual Property Rights
4.1 IP Rights. You represent and warrant that you own all rights, title and interest in and to the Work, including all copyrights, trademarks, patents, rights of privacy, rights of publicity, moral rights, and other intellectual property rights (collectively, “IP Rights”), or have all necessary rights and license to grant us the licenses under the Terms. To the extent permitted, you specifically waive any moral rights with respect to the Work to the extent permitted by law, and if no waiver is permitted, you agree not to enforce the right against us, our affiliates, and our representatives. You further represent and warrant that the Work will not infringe the IP Rights of others, contain misleading or false information, or contain any illegal or defamatory content. You will not upload any Work that infringes or violates the IP Rights of any person or entity or that constitutes any libel, slander, or other defamation upon any person. You must also comply with applicable law. We may remove Work or terminate use at our sole discretion without prior notice.
4.2 Releases. If the Work contains an image or likeness of an identifiable person, trademark or logo, or certain distinctive property that is protected by IP Rights, you represent and warrant that you have obtained all necessary and valid releases or agreements substantially similar to our standard model and property releases for each person or property depicted in the Work. However, if you upload a Work designated “Editorial use only”, we may accept it without a model or property release, at our sole discretion, and subject to any of our guidelines or requirements. For Work designated “Editorial use only”, you represent and warrant that: (A) the Work truthfully depicts the subject and that all corresponding keywords, descriptions, credits, and captions are accurate; and (B) the Work has not been modified in a way that alters its editorial context or integrity.
5. You Retain Ownership of Your Work
5.1 You retain all rights, titles, and interest in and to the Work (except for the licenses granted pursuant to the Terms), and neither title nor any ownership interest in or to the Work is transferred to us by virtue of the Terms.
5.2 Both we and our distributors who use a Work have the right, but not the obligation, to identify you as the author and source of the Work in a customary manner. In addition, metadata may be altered, removed, or added to, without any liability to us, our distributors, or end users.
5.3 You grant us the right to enforce your IP Rights against infringers, but we have no obligation to do so.
6. Delivering, Submitting, and Managing Your Work
6.1 Delivering and Submitting Your Work. You will deliver your Work in the format(s) and via the delivery method(s) requested by Singh-Ray Filters. Additionally, you will submit the Work for our review in accordance with the guidelines available on our Website or provided by us to you (“Guidelines”). We may update the Guidelines from time to time and you are responsible for reviewing the Guidelines. We may accept or reject the Work you upload to our Website or otherwise provide to us, at our sole discretion.
6.2 Managing Your Work. You may request Singh-Ray remove any of your Work from the Website at any time, provided, however, that you provide 90 days’ prior written notice to Singh-Ray Filters.
7. Your Indemnification Obligations
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, licensees, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Works or other content that you submit to us, your use of the Website, or your violation of the Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter.
8. Termination and Survival
8.1 Termination. We may terminate these Terms, or remove any Work, without prior notice. In the event of your breach of the Terms or as part of our investigation for fraudulent or illegal activities or in response to law enforcement requests, we will notify you. You may terminate these Terms at any time with at least 90 days’ prior written notice to us. We will use reasonable efforts to have any Work removed from our Website within 60 days.
8.2 Effect of Termination. We may continue to use the Work solely for internal archival and reference purposes or as stated in this section 8.2. Sections 1, 4, 5, 6.1, 8, and 9 will survive the termination of these Terms. Any use of Work prior to the date of termination or prior to the removal of any Work from the Website will survive the termination of these Terms.
Document ID: Singh-Ray_Filters_Contributor_Agreement_US-20170729_001