Welcome to LTLPrints.com! We offer you the opportunity to sell your original photographs and other graphics through LTLPrints.com on the condition that you agree to abide by the following terms.
BY REGISTERING, ACCESSSING AND/OR USING THE SERVICES (AS DEFINED BELOW), YOU AGREE ELECTRONICALLY TO THESE TERMS AND CONDITIONS (“AGREEMENT”). If you do not agree, you may not use the Services.
Definitions. For your convenience, we use the following terms in this Agreement: (a) “Commission” means the fee that you will charge for the sale of a specific item of your Content on the Service (but excluding Content provided by others), (b) “Content” means photographs, graphical arts, digital images and other information that can be uploaded on the Services and LTLPrints.com Web sites; (c) “Services” has the meaning set forth in Section 2 below, (d) “we” or “us” means RockPetz Ventures LLC, its affiliates, suppliers and successors that operate LTLPrints.com, and (e) “you” means any person or entity subscribing to or using the Services, as well as any person or entity acting on behalf of such person or entity in relation to ordering and/or using the Services.
About the Services. We offer a service in which we publish photographer’s and graphic artist’s original Content on an LTLprints.com storefront and sell images in the form of large, custom, removable and high quality cutouts as described on LTLPrints.com (the “Services”). For each purchase of a graphical print ordered though the Service, end users will be charged (a) our retail price for the print plus (b) your Commission, (c) applicable taxes and (d) shipping and handling fees. Provided that you comply with this Agreement, you will be entitled to a Commission for the sale of each print containing your Content in which we obtain payment from the purchaser. Here is an example of how the Services will work: An end user orders a print of a digital image of a mountain provided by a photographer. The photographer elects a $10 commission for the image. We would charge the user the cost of the print (for example, $99), handling fees (for example, $8) and the commission of $10, for a total of $117. We would collect the entire payment plus any applicable taxes and forward the $10 commission to the photographer. For purposes of clarity, you are not entitled to any revenue share for our price in providing the prints. We may in our sole discretion add new products and offerings, and to change or discontinue all or any aspect of the Services at any time, or change the pricing on the prints sold through the Services.
About these Terms. This Agreement governs your use of the Services and your relationship with us. You agree that we may modify these terms at any time as our products and services evolve. Therefore, you are responsible to review these terms regularly to learn about any changes. Your ongoing use of the Services after we notify you or post changes to this Agreement online means that you accept the new terms. If you do not agree to the changes, you must discontinue your use of the Services before the changes take effect.
Registration. In order to participate and use the Services, you must be legally capable of entering into contracts and you must fulfill the requirements set forth in this Section 4 and comply at all times with the terms of this Agreement. You must register with us and set up an account with a user name and password. You agree to provide us with true, complete, and up to date information about yourself, including without limitation, (a) your name, email address and other contact information requested by us and (b) any relevant tax and payment information that we may request from you. We will not open an account for you, and you will not be entitles to any proceeds of potential sales of your Content unless you have provided us with complete and accurate account information. We reserve the right to refuse any application for registration in our discretion. We may refuse the use of any user name that we determine is unacceptable.
Your Requirements. You are responsible for all activities under your account with us. You must keep your log-in information confidential. You must comply with all laws and the terms of this Agreement. You may not violate the rights of others. You are responsible for maintaining at your own expense the equipment, software and Internet access that you will need to use the Services. You must meet our technical specifications for uploading and selling your Content on the Services. You are responsible for setting the Commission rate for the Content that you will sell through the Services. You assume all responsibility in making sure that you have a back-up of all Content that you elect to distribute through the Services. If certain features or offerings of the Services is modified, canceled or terminated, any data you have stored on the Video Publishing Service may not be retrieved later.
Your Content and Responsibilities. You may only submit Content that is an original work that is owned by you. By submitting any Content through the Service, you warrant and represent that you (a) own or otherwise control the legal rights necessary to sell these Content, (b) you have obtained all necessary rights, consents, licenses and model releases for the Content and (c) your content will not violate the privacy or publicity rights of others.
You may use the Services for lawful purposes only. You may not submit or transmit through the Service any Content, or otherwise engage in any conduct that:
violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
impersonates any person, business or entity, including our company and our employees and agents;
contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
violates this Agreement, guidelines or any policy posted on any Services; or
interferes with the use of any Service by others.
You may not:
use the Services in any way that may damage, disable, overburden, or impair our servers or networks;
interfere with any other party's use and enjoyment of the Services; and
try to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement, including without limitation, immediate termination of your account or access to the Service if we believe in our discretion you are violating this Agreement.
Licensing of your Content to LTLPrints.com. We host and sell Content provided by you on your behalf. You retain all ownership in the Content you submit through the Services. In order for us to sell Content on your behalf, you agree to give us the following rights. By submitting Content to us, you are authorizing us, our employees and affiliates, to store, resize, copy, distribute, transmit, display, reproduce, transfer, access these files on the Service for any purposes we in our sole discretion, find necessary, which include but not limited to, normal Web site operation, automatic or manual image manipulations such as resizing for internet viewing, cropping, annotations, and watermark stamping. By submitting any Content files, you also authorize us to promote and market your Content and the right to sell your Content on your behalf on the royalty-free basis and granting the buyer of image files the rights to use them according to the terms defined in our LTLPrints.com Terms of Service located at www.ltlprints.com/main/tos.If you discontinue use of the Services, all licenses granted by you to us will terminate and we agree to remove your Content from our website, servers and other media in which such Content is stored.
Our Responsibilities We will use
commercially reasonable endeavors to offer the Content on a store front at
LTLPrints.com, take and process purchase orders from end users, collect and
process all payments, and shipping all orders directly to end users in
accordance with the terms of the LTLPrints.com Terms of Service. We will notify
you of any returns, refunds or fee disputes by any end user. We will provide
you with up to One (1) Gigabyte of storage for your Content. Additional storage
will be subject to additional terms and we may modify the amount of storage
that we make available to our end users at any time.
Ownership rights. The Content, features
and applications offered by or through the Services are owned by us, our
suppliers and others who post or make available such materials. These materials
are protected by copyright and other intellectual property laws and treaties.
We and our suppliers reserve all rights not specifically granted to you. You
may not reverse engineer, decompile, or disassemble any aspect of the Services.
You may not modify, adapt, or create derivative works from the Services. Do not
remove proprietary notices. Do not help any one else to do any of the things
prohibited in this paragraph.
Our License to You. Provided that you are in compliance with this Agreement, we
offer you the Services (including its Web sites, content, features,
applications and services) on a personal, limited and non-exclusive basis for
personal and lawful use only. You may not transfer these rights to anyone else.
If the service includes any download of software, you may download and install
one copy of such software only on those computers that you directly own or
lease. You may access the service only through the software, interfaces and
protocols provided or authorized by us.
Export Laws. The laws of the United
States and other countries apply to the
Services, which prohibit the export or re-export of content, products, services
and technology to certain countries and persons. You agree to comply with these
laws and regulations at your own expense. You assume sole responsibility for
any unauthorized exportation.
Privacy Policy. Our Privacy Policy
discloses how we may use information that you provide to us when you access and us the Services. You understand and agree that any information you provide to us or share with others is voluntarily, and you do so at your own risk. By using the Services, you agree to this policy.
Payment Subject to the terms of
this Agreement, we will pay you the Commission portion of the fees actually
collected in regards to sales of Content submitted by you to us, provided the
sale was not nullified or refunded for any reason.
No later than thirty (30) days after the end of each applicable calendar month,
we will pay you any Commission actually collected and accrued to your account
for the applicable month, plus provide you with a report stating the basis of
our calculation of your Commissions.
We are
entitled to make adjustments and corrections against any amount owing to you in
the events of any refunds of any feeds or payment charge backs in regards to
the order of any prints containing Content submitted by you.
Payment
is contingent on you meeting the requirements of this Agreement and keeping us
updated with current and accurate payment, tax and contact information. We
reserve the right to terminate this Agreement immediately in the event that we
are unable to verify the accuracy or validity of any of your information. You
agree to notify us of any disputed or missing payment within thirty (30) days
of the date that payment is or should have been received.
Representations and Warranties. You
represent and warrant that: (a) you have the right and unrestricted ability to
grant the license to us as set forth in Section7, and (b) your Content will not
infringe upon any copyright, right of publicity or privacy, or any other
proprietary right of any person, whether contractual, statutory or common law.
You agree that neither we nor any of our 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 Content that you upload to the Services. You further acknowledge that
you are legally responsible for any challenges made by a third party regarding
copyright in the Content submitted by you.
We represent and warrant that we comply with and will continue to comply with the
strictest applicable federal, state, local or other jurisdictions’ mandatory and
consensus safety standards (including the Consumer Product Safety Act, as amended,
and the Consumer Product Safety Improvement Act of 2008 (the “CPSIA”), applicable
to the the products we distribute containing your Content. We further represent
and warrant that the products we distribute containing your Content will be tested
to the extent applicable as required by law.
Disclaimer of Warranties. We provide the Services “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of the
Services, or that the Services will meet your requirements. We give no express warranties, guarantees or
conditions. We disclaim any implied warranties, including those of
merchantability, accuracy, fitness for a particular purpose, workmanlike effort
and non-infringement. WE MAKE NO GUARANTEE OR REPRESENTATIONS ON THE AMOUNT OF
REVENUE THAT YOU MAY EARN FROM THE SERVICES.
Limitation
of Liability. EXCLUDING ANY INDEMNITY OBLIGATIONS SPECIFIED IN PARAGRAPH 17
HEREINYOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR
YOUR USE OF THE SERVICES IS TO DISCONTINUE YOUR USE OF OR PARTICIPATION IN THE
SERVICES. WE, OUR OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE
SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES.
Indemnification. You agree to
indemnify, defend and hold us and our officers, directors, owners, agents,
information providers and licensors (collectively, the "LTLPrint
Parties") harmless from and against any and all claims, liability, losses,
costs and expenses (including attorneys' fees) incurred by any LTLPrints Party
in connection with: (i) any use or alleged use of our Web site and Services
under your account by any person, whether or not authorized by you; (ii) any
Content uploaded under your account; or (iii) any breach of our representations
and warranties in this Agreement. We reserve the right, at your expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with our
defense of such claim. We agree to indemnify, defend and hold you and each of your
affiliates, and each of your or their respective officers, directors, owners, agents,
(collectively, the “Content Provider Parties”) harmless from and against any and
all claims, liability, losses, costs and expenses (including attorneys' fees) incurred
by any Content Provider Party, in connection with: (i) the breach by LTLprints Party
of any of its representations, warranties or covenants contained in this Agreement.
You reserve the right, at our expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by us, and in such case, we agree to
cooperate with your defense of such claim.
Advertisements. We are supported by
advertising revenue, which may appear on the Services. You consent to our
placements of such advertising and understand and agree that we own all rights
and revenue in such advertisements on our Web sites.
No Spam You may not use the Services to
transmit, directly or indirectly, any spam or other form of unsolicited bulk
communications. You may not harvest information about our users for the purpose
of sending, or to facilitate the sending, of unsolicited bulk communications.
We may terminate your access or use of the Services immediately and take any
other legal action if you, or anyone using your access to Services, violates
these provisions. We may take any technical remedies to prevent unsolicited
bulk communications from entering, utilizing, or remaining within our network
system.
Submissions.
You agree that all comments, suggestions, ideas, complaints and other feedback
relating to the Services and LTLPrints.com that you submit or disclose to us
may be used by us and our licensors, suppliers and licensees in any manner
whatsoever, for no compensation and without limitation of any kind
(“Submissions”). Notwithstanding the foregoing, we shall not be obligated to
take action based upon any Submission provided by you.
We are not obligated for Content provided by others. We are not liable for
Content or materials that are provided by others, including our advertisers. We
are not responsible for Content on the Internet. We have no duty to pre-screen
Content. We reserve the right to remove
Content from the Services for any reason, but we are not responsible for any
failure or delay in removing such material.
Copyright
Infringement. If you believe that your work has
been copied and is accessible on the service in a way that constitutes
copyright infringement, please contact us by sending an email to support@LTLprints.com to report
possible copyright infringement. In your email, you must provide us with the
following information:
a description
of the copyrighted work or other intellectual property that you claim has
been infringed;
the basis of
the ownership interest of the intellectual property that you allege is
being infringed;
where the
material that you claim is infringing is located on the site so that we
can locate it;
your full name,
address, telephone number, and email address;
a statement by
you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or
the law; and
a statement by you that the
above information in your notice is accurate and that you are the
copyright or intellectual property owner or authorized person to act on
the copyright or intellectual property owner's behalf.
International Use. We do not represent that the Services are appropriate or available for use in locations outside the United States, and accessing the Services from territories where the service is illegal is prohibited.
Independent Contractor; Taxes. You acknowledge that you are an independent
contractor and that you are not one of our employees. You are responsible for filing your own taxes
on any commission you earn.
Electronic Notices. You understand and
agree that you are entering into this Agreement electronically, and that we may
provide you with required notices and terms electronically, either by sending
you an e-mail to the address that you have provided to us, or by posting a
notice on the appropriate Web page.
General Terms. These terms make up the entire agreement between you and us
regarding your use of the Services. We may assign this contract, in whole or in
part, at any time, with or without notice to you. You may not assign this
contract, or any part of it, to any other person. You agree that the laws
of the State of Pennsylvania
govern these terms and any claim or dispute that you may have against us. You
further agree that any disputes or claims that you may have against us will be
resolved by a court of appropriate jurisdiction in Philadelphia County, Pennsylvania,
and you agree and submit to the exercise of personal jurisdiction of such
courts for the purpose of litigating any such claim or action. If for any
reason a court finds that any provision or portion of these terms is
unenforceable, the remainder of these terms will continue in force and effect.