ViewFind Supplemental Terms for ViewFind Content Upload & My Profile Services
(Content You Upload to the ViewFind Properties)
Effective Date 3/5/2016 | Last Updated Date 2/5/2016
1. The Content Upload & My Portfolio Services. These Supplemental Terms for Content Upload & My Profile Services address the terms applicable to Your Content that you upload to the ViewFind Properties. Through the Content Upload & My Profile Services, you can upload Your Content and create a user profile for display on a personalized, publicly accessible area of the Services called “My Profile.” After you upload Your Content, ViewFind will either approve or reject Your Content. ViewFind has no obligation to approve Your Content or make it available on the ViewFind Properties. If approved, however, Your Content will be made publicly accessible through the ViewFind Properties, including as part of your profile. ViewFind will use best efforts to credit you as the photojournalist of such content using the information you provide in your profile. If Your Content is approved, other users can view your profile and may be given the opportunity to follow you or Your Content through the Services. If a user follows you, other users may be notified when Your Content is published on the ViewFind Properties. If you do not wish for Your Content to be made publicly available or accessible to third parties, please do not upload Your Content to the Services.
2. Your Responsibility for Content.You acknowledge that you (and not ViewFind) are entirely responsible for Your Content that you Make Available on, in or through ViewFind Site, including as part of the Upload & My Portfolio Service.
3. ViewFind Does Not Claim Ownership of Your Content. ViewFind does not claim ownership of Your Content. However, when you upload Your Content to the Services, you represent and warrant (a) that you own and/or have a right to license Your Content in accordance with these Terms; and (b) that any current or former holder of any worldwide intellectual property rights, including moral rights, in or to Your Content has completely waived all rights and validly and irrevocably granted you the right to license Your Content in accordance with these Terms (this includes any embargo periods).
4. Our License to Your Content. By uploading Your Content into the Services, you grant ViewFind a royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, license, distribute, reproduce, publish, publicly perform, publicly display, and create derivative works of Your Content in any manner or media for the sole purposes of operating the ViewFind Properties and providing and promoting the Services (including the promotion of Your Content on the ViewFind Properties). This grant of rights includes, without limitation, the following:
- The right to allow other ViewFind users to search for, view and “share” any of Your Content that is approved by ViewFind;
- The right for ViewFind and ViewFind users to share Your Content via various social networking services (e.g., Facebook, Instagram, Twitter, Google+) to promote the availability of Your Content on the ViewFind Properties. When Your Content is shared via social networking services through our Services, we will use every effort to ensure that you always are given explicit credit as the copyright owner of such content (based on the ownership information you include in your “My Profile”); and
- The right to license, on a royalty-free basis, to third party licensees (each a “Promotional Partner”) the right to reproduce, display and distribute up to five (5) unique photographs from Your Content for the limited purpose of promoting and driving traffic to the ViewFind Properties (and Your Content). As a condition of each Promotional Partner’s use of Your Content, we will require the Promotional Partner to include in the licensed content (which may contain content other than Your Content) a clickable (i.e., linkable) byline and/or logo to your story page on the ViewFind Properties specified by ViewFind. For the avoidance of doubt, nothing in this section shall be deemed to require ViewFind to license any of Your Content to any Promotional Partner or to require any Promotional Partner to use any of Your Content that is made available to it under this section.
5. Terminating Your ViewFind Account. You may terminate your use of the Content Upload & My Profile Services at any time by deleting your ViewFind account. By deleting your ViewFind account, you terminate ViewFind’s right to continue using Your Content in accordance with these Terms. However, you understand and agree that ViewFind will honor any licenses granted prior to your termination. For example, if we or a ViewFind user shared Your Content via a social networking service or we licensed Your Content to one of our Promotional Partners in accordance with Section 4(c) while your ViewFind account was open, we will not take any steps to have Your Content removed from the social networking service or our Promotional Partner’s service after you delete your ViewFind account.
6. No Obligation to Store Content. Unless expressly agreed to by ViewFind in writing elsewhere, ViewFind has no obligation to store any of Your Content that you Make Available on ViewFind Properties. ViewFind has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of ViewFind Properties. You agree that ViewFind retains the right to create reasonable limits on ViewFind’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by ViewFind in its sole discretion.
7. No Obligation to Pre-Screen Content. You acknowledge that ViewFind has no obligation to pre-screen Content (including, but not limited to, Your Content and other user Content), although ViewFind reserves the right in its sole discretion to pre-screen, refuse or remove any Content from the Upload & My Profile Services. By using our Content Upload & My Profile Services, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that ViewFind pre-screens, refuses or removes any Content, you acknowledge that ViewFind will do so for ViewFind’s benefit, not yours. Without limiting the foregoing, ViewFind shall have the right to remove any Content that violates these Terms or is otherwise objectionable.
8. User Conduct. In connection with your use of ViewFind Site, you shall not Make Available any Content that:
- (a) (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
- (b) Harms minors in any way;
- (c) Impersonates any person or entity, including, but not limited to, ViewFind personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (d) You do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- (e) Infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- (f) Intentionally or unintentionally violates any applicable local, state, national or international law or regulation, or any order of a court; or
- (g) Advocates, encourages or assists any third party in doing any of the foregoing activities in this section.
ViewFind Supplemental Terms for Advertising Placement Services for Your Content
Effective Date 3/5/2016 | Last Updated Date 2/5/2016
1. Advertising Services. If you elect to use the Advertising Placement Services, you grant ViewFind the right to display Advertising on any page of the ViewFind Properties that includes only Your Content (and no other user Content). If ViewFind includes Advertising on any portion of any page where Your Content is the only user Content displayed, ViewFind will pay you a portion of the revenue it collects from the Advertising displayed on such page in accordance with the revenue share provisions in Section 3 of these Supplemental Terms for Advertising Placement Services.
2.Terminating Your Use of the Advertising Placement Services. After electing to use the Advertising Placement Services, you may terminate your use of these services by providing at least sixty (60) days’ prior written notice (email to suffice) to ViewFind. Written notices must be sent to email@example.com. Upon the effective date of your termination notice, ViewFind will cease selling Advertising on any pages of the ViewFind Properties where Your Content is the only user Content displayed, but will continue to honor ay Advertising contracts that were made prior to the effective date of your termination.
3. Advertising Revenue Share of 50%. If ViewFind includes any Advertising on any portion of a page of the ViewFind Properties where Your Content is the only user Content displayed on the page, ViewFind will pay you fifty percent (50%) of its Advertising Revenue (as defined in this section) from the sale of such Advertising (the “Revenue Share”). “Advertising Revenue” means all revenue (less any fees, including, without limitation, third party agency fees and commissions, and applicable taxes) actually collected by ViewFind by the close of the applicable month from the sale of Advertising on a page where Your Content (and no other user Content) is displayed. Advertising Revenue does not include consideration collected by ViewFind in exchange for the sale of advertising space on any other pages (including pages that may contain Your Content) or any non-cash consideration that ViewFind may receive in exchange for the barter of Advertising. ViewFind shall be solely responsible for the sale and management of, and billing and collection relating to, the Advertising. ViewFind shall be entitled to accept Advertising from all potential advertisers, but endeavors to only accept Advertising that meets its advertising guidelines, which, among other things, prohibit Advertising that is unlawful, defamatory or, in the opinion of ViewFind, is otherwise objectionable.
4. Your Ad Rev Payments. For the purposes of marketing Your Content and operating the ViewFind Site, you grant ViewFind a royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, license, distribute, reproduce, publish, publicly perform, and publicly display Your Content in any manner or form to you and to our other users. Also, for the purposes of promoting you and the ViewFind Site, we may publish your content via various social networking services (e.g., FaceBook, Instagram), where you will always be given explicit credit as the copyright owner. You affirm that the holder of any worldwide intellectual property right, including moral rights, over Your Content and that any previous owner has completely waived their rights (this includes any embargo periods).