The Photographer or Developer acknowledge that OrangeDigit prohibits any multimedia resource 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 web site located at orange4d.com/en and OrangeDigit.com.
By uploading his/her multimedia resource the Photographer or Developer is warranting that he/she owns all proprietary rights, including copyright, in and to the multimedia resource.The Photographer or Developer acknowledge that he/she will provide accurate information at submission date and during the time interval that the file is hosted on OrangeDigit’s servers. OrangeDigit reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
The Photographer or Developer hereby grants OrangeDigit a non-exclusive license to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants OrangeDigit and its representatives the right to sublicense the multimedia resource to their customers in accordance with the terms of the OrangeDigit Royalty-Free License Agreement, a copy of which the Photographer acknowledges reviewing and agreeing to.
The Parties agree that all rights, including title and copyright, in and to the uploaded multimedia resource, shall be retained by the Photographer or Developer, unless otherwise mentioned by the license agreement. The Photographer or Developer acknowledge that no monetary or financial compensation is owing or required to be paid to the Photographer by OrangeDigit or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer. While OrangeDigit acknowledges that its policy is to provide the Photographer with certain payments whenever an Image uploaded by the Photographer or Developer is downloaded, the parties agree that OrangeDigit may amend such policy from time to time, as reasonable business objectives may require.
Currently, each photographer or Developer may request to be paid for his/her balance on orange4d.com/en and OrangeDigit is obligated to pay via check or similar means, and the photographer has submitted a payment request via website.
OrangeDigit is entitled to carefully analyze all details and logs of the photographer and his/her downloads/sales on the website. If any suspicion exists, orange4d.com/en has the right to delay the payment request until all details are cleared or to refuse the payment.
The Photographer is entitled to disable file(s) from his portfolio by using the appropriate section of orange4d.com/en (Management area/Online files). Once disabled the files are to be removed from all public pages of the site in maximum 24 hours. OrangeDigit is entitled to keep an offline copy of the files for several months, in order to allow previous buyers to verify the accuracy of the content or to allow the Photographer to reactivate the file(s). After this time interval expired, orange4d.com/en shall erase all files.
Should the Photographer or Developer enter an agreement with OrangeDigit which provides exclusive rights to the agency or towards its customers, the Photographer bounds himself to disable the image from all other sites according to the specific terms of the agreement.
The Photographer and Developer agree that neither orange4d.com/en nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the multimedia resource.
Non-exclusive contributors: A non-exclusive contributor is an artist who uploads multimedia resource that are also available for sale with other stock agencies. These contributors may upload their multimedia resource to orange4d.com/en while selling the same multimedia resource through other channels. Non-exclusive contributors shall receive 40% of the net sale price received by orange4d.com/en for the multimedia resource they have contributed to the site which are subsequently sold by orange4d.com/en.
Exclusive contributors: A contributor may work with other agencies in addition to orange4d.com/en. However, the multimedia resource provided to orange4d.com/en and marked as being exclusive are sold only on orange4d.com/en. An exclusive multimedia resource is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable an multimedia resource as being different. Exclusive multimedia resource may only be sold through orange4d.com/en and may not be offered through other channels. Contributors shall receive 50% of the net sale price received by orange4d.com/en for the exclusive images they have contributed to the site which are subsequently sold by orange4d.com/en. A Contributor may remove the exclusivity rights to an multimedia resource with thirty (30) days prior written notice to orange4d.com/en.
If a contributor breaks this Exclusivity Agreement, either for an exclusive image or as an exclusive contributor, orange4d.com/en reserves the right to invalidate and recover all earnings made by that Contributor through orange4d.com/en sales commencing with the date the exclusive multimedia resource or portfolio were made subject to the Exclusivity Agreement.
You may not Resell, redistribute, provide access to, share or transfer any digital contents except as specifically provided herein. Uploading any Image and digital content to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Image and digital content.
orange4d.com/en reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.