PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE AND ITS PRODUCTS AND SERVICES.
Theresa Sheridan Designs / Theresa Sheridan maintains the AgStockPhotos website (the “Site”). Contributors may upload image files to the Site for the purpose of having AgStockPhotos act as their agent for licensing image rights to AgStockPhotos customers (all files uploaded by you to AgStockPhotos are referred to herein as the “Content”).
NOTE: All images MUST be Agriculture related, taken in the United States or Canada, high resolution (300 dpi) and a minimum of 4750 x 3150 pixels in dimension. You cannot “upsize” images to meet this criteria as there will be too much quality loss, so images should be taken with a quality digital SLR camera.
Our system sizes images and sets pricing as follows. By applying to be a contributor you agree to these size and pricing settings:
- Small – 800 x 533 – $1
- Medium – 1600 x 1067 – $2
- Med/Large – 2500 x 1667 – $3
- Large – 3500 x 2333 – $4
- Ex. Large – 4750 x 3150 – $5
By applying for a content contributor account (“Contributor Account”), you agree to the following (the “Agreement”):
- Creating Accounts
- In order to apply for an AgStockPhotos Contributor account, you must be at least 18 years of age. AgStockPhotos may require that you provide sufficient proof of age and identity before activating your Contributor Account.
- By applying for a Contributor Account, you are stating that you have read and agree to abide by the Terms and Conditions for customers on the AgStockPhotos website. The terms and conditions of the AgStockPhotos Agreement are deemed incorporated into and made a part of this Contributor Agreement by this reference.
- By applying for a Contributor Account, you are stating that all the images you upload were taken in the United States or Canada only. Because of differences in agriculture around the world, this site is unique to having only U.S. /Canadian agricultural images.
- You warrant that you have provided AgStockPhotos with accurate, complete, and current information. You agree to correct and update that information to ensure its accuracy and completeness at all times. Entering false personal information, or failing to comply with these Terms of Service, may result in the termination of your Contributor Account, as well as any other account, services or privileges provided by AgStockPhotos.
- You are entirely responsible for any and all activities conducted through your Contributor Account. You agree to notify AgStockPhotos immediately of any unauthorized use of your password or Contributor Account as well as of any other breach of security that may affect AgStockPhotos.
- Your Contributor Account will be created for you after your application has been accepted. Your user name is automatically generated and may not be changed.
- You must add email@example.com to your whitelisted email domains. If your email account has any restrictions on it, such as a 2-factor spam verification, that requires additional steps by AgStockPhotos to send you an email, your account will be suspended, as we have no way to contact you via email which is our primary method of contact for Contributors.
- You may not have more than one active Contributor account at any time without the written consent of AgStockPhotos in each instance. If such consent is granted, you may not submit identical Content to more than one account.
- Uploading Content and Rights for Contributors
- By uploading Content, you grant AgStockPhotos and its Customers the irrevocable non-exclusive, royalty-free right, throughout the world, to use the Content for any purpose including publication, display, modification, and creation of derivative works, or products. You also grant AgStockPhotos the right to use Content for any and all promotional purposes related to AgStockPhotos and its affiliates.
- You do not give up any ownership of your Content, nor are you prevented from providing that Content to others, as you deem fit. You are providing a limited use license as per AgStockPhoto’s Standard and Extended licenses available for purchase.
- AgStockPhotos has the right to license any Content unless and until that Content is removed from the Site.
- AgStockPhotos has the right to refuse to accept any uploaded Content for any reason. AgStockPhotos has the right to remove any uploaded Content from the Site for any reason. Content will be removed if AgStockPhotos believes that the Content will subject AgStockPhotos or any of its officers, managers, directors or employees to legal action or if the Content violate the terms of this agreement.
- Any licenses issued by AgStockPhotos in respect of any uploaded Content that are later removed from the AgStockPhotos website will remain in full force and effect.
- You give AgStockPhotos the right and authority to take any steps which AgStockPhotos believes are commercially reasonable to protect your uploaded Content. While AgStockPhotos takes commercially reasonable steps to protect the intellectual property rights of its contributors, AgStockPhotos has no obligation to pursue legal action against any alleged infringer of your rights in or to your uploaded Content.
- AgStockPhotos shall pay you a royalty for each valid download of a Content file by a Customer. The amount of such royalty is currently 30% and may be changed by AgStockPhotos at any time in AgStockPhotos’ sole discretion. If you do not consent to a change in the royalty payments, your sole recourse is to terminate your Contributor Account.
- All payouts are via PayPal and are paid when royalties due reach the minimum threshold of $25. Payouts are paid quarterly, on the 15th of the month for the previous quarter. All commissions will be paid annually, regardless of amount, on July 15th for the previous 12 months ending on June 30th. By breaching any terms of this Agreement or any other agreement with AgStockPhotos, your accrued earnings may be forfeited in AgStockPhotos’ sole discretion.
- If your account is cancelled for a breach of the material terms of this agreement, in addition to its other rights at law or in equity, AgStockPhotos shall have the right to retain any royalties and/or other compensation otherwise payable to you hereunder as liquidated damages. If you are credited with a download or downloads and AgStockPhotos thereafter issues a refund to Member that downloaded any or part of your uploaded Content, AgStockPhotos shall have the right to deduct royalties credited to your account. If AgStockPhotos makes an overpayment of royalties or other compensation to you for any reason, AgStockPhotos shall have the right to deduct the amount of such overpayment from your accrued royalties or to demand the immediate repayment of such overpaid royalties or other compensation.
- If you are a “U.S. Person” as said term is defined by the IRS, a signed and completed IRS form W-9 must be submitted to AgStockPhotos before AgStockPhotos can make payment to you. A W-9 is used to certify, under penalties of perjury, that your social security number is correct and that you are not subject to backup withholding taxes. Foreign persons might be subject to U.S. income tax on income they receive from U.S. sources. If you are a “Foreign Person” as said term is defined by the IRS, a signed and completed IRS form W-8 must be submitted to AgStockPhotos in order for you to claim a reduced rate of, or exemption from, withholding as a resident of a foreign country with which the United States has an income tax treaty. Instructions on how to submit this IRS form are inside the Tax Center in your AgStockPhotos account area.
- AgStockPhotos may modify the royalty rate and/or payment schedule at any time and notify you by email or by an announcement on your login page of the modifications. If AgStockPhotos does modify the royalty rate, royalties earned before the effective change in rates will be credited at the rate in effect at the time such royalties were earned.
- Model & Property Releases
You agree to provide valid and accurate model and property releases for all Content you upload to AgStockPhotos that, in AgStockPhotos’ judgment, contains an identifiable face or identifiable human figure, other identifiable attribute, or property location that would require a release be submitted. If you do not have a model release for an item of Content that depicts an identifiable person, AgStockPhotos may choose to accept the uploaded Content for so-called “editorial use.” You agree that you are solely responsible for retaining all original model releases and maintaining complete and accurate model release records. Model releases are to be electronically delivered to AgStockPhotos with the uploaded Content. The submission of falsified, inaccurate or otherwise defective model releases is a material breach of this agreement and can result in the immediate termination of your account without prior notice. Model releases submitted by you shall not contain any terms inconsistent with this Agreement or any AgStockPhotos Terms of Service.
- Contributor Warranties and Responsibilities
You warrant and represent that:
- You are the unencumbered owner of all rights, including the copyrights, in and to your uploaded Content.
- Each item of your uploaded Content consists of original works and is capable of copyright protection in all countries where copyright or similar protection is available.
- Each item of your uploaded Content is neither obscene nor defamatory and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;
- The information contained in all model releases that you have provided is accurate and complete and that the subjects signing the releases and depicted in a Content file have voluntarily consented to publication and/or dissemination of their likenesses for all legal purposes;
- If any of your uploaded Content consist in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs (e.g., Photoshop, Illustrator, 3D Max), by uploading such Content, you warrant and represent that the end user license agreement, terms of service or the equivalent license held by you does allow you to incorporate such elements in Content created by you, and to license such Content to AgStockPhotos for the purposes set forth herein;
- You will not use a keyword, image title, metadata or any other reference that: a) violates any third party’s trademark or other proprietary right; b) is or may be illegal to use; c) which may cause confusion with respect to another person or other entity; or d) which AgStockPhotos deems in its discretion to be indecent, vulgar or otherwise offensive. AgStockPhotos reserves the right to delete any vulgar, inappropriate or otherwise offensive Content, or to require the deletion thereof.
- You will use AgStockPhotos only for lawful purposes.
- You will not upload pornographic content or other content which is deemed by AgStockPhotos, in its sole discretion, to be inappropriate; and
- There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect your uploaded Content or which might in any way impair the rights granted by you hereunder.
You shall indemnify, defend and hold harmless AgStockPhotos, its officers, directors, employees, partners, associates, affiliates, joint ventures, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of your warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) incurred by AgStockPhotos as a result of such breach or breaches. AgStockPhotos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification, without affecting your indemnity obligations.
- Control of Operations
- AgStockPhotos, in its sole discretion, may remove any Content uploaded to the Site including those appearing to infringe the intellectual property rights of other entities.
- AgStockPhotos reserves the right, but does not assume the responsibility, to restrict conduct which AgStockPhotos deems in its discretion to be harmful to individual members, damaging to the communities that use AgStockPhotos, or in violation of AgStockPhotos’ or any third party’s rights.
- If you receive an email from us regarding any issues with your pending images, and those issues are not addressed within 7 days, your images and products will be removed from the site. This is to ensure conservation of resources, as well as providing a quality website experience and images to our customers.
- AgStockPhotos expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
- AgStockPhotos makes no warranty with respect to any guidance. Any guidance provided by AgStockPhotos is not legal advice.
- AgStockPhotos, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through AgStockPhotos.
- AgStockPhotos makes no warranty that access to the Site will be uninterrupted, timely, secure, or error free.
- AgStockPhotos makes no warranty with respect to any related software or hardware used or provided by AgStockPhotos. Any patent, copyright, trademark, trade secret or warranty issues, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
- Limitation of Liability
AgStockPhotos shall not be liable to Contributor for any indirect, incidental, special or consequential damages, including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss arising from the submission or use of your uploaded Content or the termination of your Contributor account, even if AgStockPhotos has been advised of the possibility of such damages.
You may terminate your AgStockPhotos Contributor account at any time with or without cause by notifying AgStockPhotos’ support staff. AgStockPhotos may terminate your account at any time, for any reason or no reason. Accounts that are not accessed (logged into) for more than one (1) year may be deemed terminated at the discretion of AgStockPhotos.
- Impermissible Conduct
- Any conduct by you that, in AgStockPhotos’ sole discretion, restricts or inhibits any other person or entity from using or enjoying AgStockPhotos or another service, is strictly prohibited and may result in the termination of a Contributor’s account without further notice.
- AgStockPhotos has the right to refuse to establish an account or to close any existing account, for fraud, intellectual property infringement, violation of a third party’s rights including those of privacy or publicity, artificially inflating downloads, submission of material that is obscene in nature, violent or that might be construed as defamatory, failure to comply with AgStockPhotos’ guidelines as may be amended from time to time, or for any breach of the terms of this or any other agreement that you have with AgStockPhotos.
- In the event that a Contributor account is terminated due to impermissible conduct or fraud, access to AgStockPhotos services, accounts, and commissions, as applicable, is immediately forfeited. You may not knowingly allow any terminated Contributor to use your active Contributor’s account(s).
- If your account is terminated for any reason you must obtain written authorization from AgStockPhotos prior to establishing another account. If you attempt to establish another account without obtaining such authorization, AgStockPhotos may permanently ban you from this website and its affiliated websites and services.
- AgStockPhotos has the right and authority, but not the obligation, to take such steps as AgStockPhotos deems reasonable, in its sole discretion, to protect AgStockPhotos’ rights in the Content. In the event that you believe Content has been misused, you shall take no action without AgStockPhotos’ prior written consent, which shall not be unreasonably withheld.
- AgStockPhotos Trademarks
- You may not adopt or use any registered or common law AgStockPhotos trademarks, which include but are not limited to all logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by AgStockPhotos (“Trademarks”) for any reason without AgStockPhotos’ prior written consent.
- You will not use AgStockPhotos’ trademarks or variations (including misspellings) as a domain name, part of a domain name, metatag, keyword, or any other type of programming code or data.
- You will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any AgStockPhotos Trademarks or the Trademark rights claimed by AgStockPhotos.
- The look and feel of the AgStockPhotos website, including but not limited to all page headers, custom graphics, icons, and scripts, is the intellectual property of AgStockPhotos and may not be copied, imitated or used, in whole or in part, without the prior written consent of AgStockPhotos.
- You will not use AgStockPhotos’ trademarks for search engine advertising and/or marketing. You acknowledge that such advertising might infringe on the intellectual property rights of AgStockPhotos and/or third parties.
- You will not transmit unsolicited emails or engage in so-called “spamming” to publicize or promote your relationship with AgStockPhotos or the sale of your Content.
If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable by either party. To the extent any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overly broad or overly restrictive, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this paragraph is reasonable and necessary to assure that the intent of the parties is carried out.
- Governing Law and Jurisdiction
The validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, and related matters shall be governed by the internal laws of the State of Idaho (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of Idaho in the County of Nez Perce and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
- Entire Agreement
By using the Site, you hereby acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that this Agreement is the complete and exclusive statement of the understanding between you and AgStockPhotos. Unless otherwise agreed to in writing in a separate signed agreement, this Agreement supersedes any proposal or prior agreement, oral or written, and any other communication between users and AgStockPhotos relating to the subject matter of this Agreement.
- Revision of Agreement.
In order to best provide its services, AgStockPhotos reserves the right to modify these terms at any time and to notify you of modifications at the email address which you provided to AgStockPhotos. If you do not agree with the changes, you may remove such Content to which you do not wish the changes to apply, or close your contributor account.