BigStockPhoto.com Terms of Service
Photographer & Member Agreement

BigStockPhoto maintains a website site, www.BigStockPhoto.com (“Website”), to which registered content providers (“Members”) can upload image files for the purpose of allowing BigStockPhoto to act as agent for licensing image rights to other users. By registering with BigStockPhoto, Member agrees to the following:

1. Consent.
You must be at least 18 years of age to register with BigStockPhoto to provide content. BigStockPhoto may require that the registrant provide sufficient proof that are at least 18 years of age. Minors can access BigStockPhoto.com only by having their parent or legal guardian register on their behalf. By opening such an account, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement. BigStockPhoto may elect at its sole discretion to monitor any area or records pertaining the Website for compliance with this agreement or for any other reason.

2. Uploading Content and Rights for Photographers
(This section not applicable for Members only interested in purchasing photos)
By uploading content such as photograph image files, Photographer Member agrees to give BigStockPhoto and all users irrevocable nonexclusive royalty-free rights to use the content for any purpose including publication, display, modification, and creation of derivative works. BigStockPhoto has the right to license any content up until the time Member removes the file from the Website. Once submitted to the Photo Approval Queue, Member may not remove photos from site until after they have been posted for 90 days, regardless of whether the Member chooses to terminate their account. Once content is uploaded to the Photo Approval Queue, Member must allow BigStockPhoto the opportunity to license uses for at least 90 days.

3. Compensation.
BigStockPhoto will pay Photographer Member the fee specified on the Website or by separate schedule for each download of an image file by a user.

4. Copyright.
The copyright of all content uploaded by Member is retained by Member. Member may not upload content to which they do not own the copyrights.

5. Member Warranties and Responsibilities.
(a) Registration. Member warrants that he or she has provided BigStockPhoto with accurate, complete, and updated registration information while registering and agrees to correct and update that information to ensure its accuracy and completeness at all times.
(b) Account Responsibility. All members who register online for BigStockPhoto will receive a password and a master account ("Master Account"). Member is entirely responsible for any and all activities conducted through his or her Master Account and any Member-names associated with that Master Account. Member may permit another individual to use the Master Account subject to Member’s supervision and assumption of all resulting liabilities. Member agrees to notify BigStockPhoto immediately of any unauthorized use of Member’s password or accounts as well as of any other breach of security.
(c) Member Names. Upon your registration as a Member of BigStockPhoto, you may be asked to choose a Member name to identify yourself to other Members and BigStockPhoto staff. You may not select or use a Member name of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which BigStockPhoto deems in its discretion to be vulgar or otherwise offensive. BigStockPhoto reserves the right to delete any vulgar or otherwise offensive Member name, or to require deletion thereof.
(d) Former Members. Members whose accounts have been terminated by BigStockPhoto may not access BigStockPhoto in any manner or for any reason without the express written permission of BigStockPhoto. Active Members may not knowingly allow former Members who have been terminated to use the active Members' accounts.
(e) By uploading content such as photograph image files, Member warrants that he or she is the owner of the copyright thereto.
(f) By uploading content, Member warrants that the content does not depict subject matter in a manner that violates any laws.
(g) By uploading content, Member warrants that the uploading was not done with the intent to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity.
(f) By uploading a model release or otherwise representing that subjects depicted in an image file have consented to publication for whatever purpose, Member warrants that the information is complete and accurate.

6. Image Credit Expiration and Refund Policy
Image credit purchases are non-refundable. In the event that a refund is made, there will be a $10 processing fee assessed due to costs levied to BigStockPhoto.com by the banking and credit card institutions.

Image credits expire one year after date of purchase.

7. Indemnification
Member shall indemnify, defend and hold harmless BigStockPhoto, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) and damages in consequence thereof. BigStockPhoto reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse Member’s indemnity obligations.

8. Control of Operations
(a) BigStockPhoto, in its sole discretion, may remove any content uploaded to the Website including that appearing to infringe the intellectual property rights of others
(b) Member Privacy.
BigStockPhoto may access and disclose any information about Member, Member’s accounts, or any content Member provide to the Website if BigStockPhoto believes in good faith that such action is reasonably necessary to enforce this Agreement, its copyright policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its members, or users.
(c) BigStockPhoto reserves the right, but does not assume the responsibility, to restrict conduct which BigStockPhoto deems in its discretion to be harmful to individual members, damaging to the communities that use BigStockPhoto, or in violation of BigStockPhoto's or any third party's rights.

9. Disclaimers
(a) BigStockPhoto 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.
(b) BigStockPhoto, 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 BigStockPhoto. From time to time the porting of particular content may not be feasible and BigStockPhoto may remove any such content from the Website without any liability to Member. Member is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom.
(c) BigStockPhoto assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from BigStockPhoto.
(d) BigStockPhoto makes no warranty that service will be uninterrupted, timely, secure, or error free. Bigstockphoto makes no warranty as to the use or the results that may be obtained from the use of BigStockPhoto.
(e) BigStockPhoto makes no warranty with respect to any related software or hardware used or provided by BigStockPhoto in connection with BigStockPhoto. Any patent, copyright, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.

10. Limitation of Liability
Member acknowledges that BigStockPhoto shall not assume or have any liability for any action by BigStockPhoto or its affiliates and licensees with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to, negligence, BigStockPhoto shall not be liable to Member 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, even if BigStockPhoto has been advised of the possibility of such damages, in connection with BigStockPhoto or with any other product or service provided by BigStockPhoto, or resulting from the use of or the inability to use the Website or any transaction entered into through or from BigStockPhoto, or from unauthorized access to or alteration of your transmissions, data, or account. Member specifically agrees that BigStockPhoto is not responsible or liable to Member or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy. BigStockPhoto's liability to you for breach of this agreement is limited solely to $10.

11. Termination
Either you or BigStockPhoto may terminate your account with BigStockPhoto at any time with or without cause. Your only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of BigStockPhoto in operating BigStockPhoto, (ii) content available through BigStockPhoto or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your account with BigStockPhoto by notifying BigStockPhoto Member Support of your desire to terminate by e-mail. Your notice of termination will be effective upon receipt by BigStockPhoto, or upon receipt of confirmation if confirmation is requested. As noted above in Section 2. "Uploading Content and Rights", any photos that have been approved and posted on BigStockPhoto for less than 90 days must first meet the 90 day eligibility requirement before they can be removed, regardless of whether Member chooses to terminate their account.

12. Impermissible Conduct
Member may not upload content which is unlawful and agrees to use BigStockPhoto only for lawful purposes. Member may not post to or use BigStockPhoto to transmit sexually explicit images or other content which is deemed by BigStockPhoto to be generally offensive to the public or harmful to minors. Any conduct by Member that in BigStockPhoto's sole discretion restricts or inhibits any other Member, person or entity from using or enjoying BigStockPhoto or another service will not be permitted and shall entitle BigStockPhoto to immediately terminate the membership without notice.

13. Severability.
If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.

14. Arbitration
A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Sacramento, California pursuant to the rules of the Arbitration Act (California) in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the State of California, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of the State of California. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.

15. Legal Fees and Jurisdiction
If BigStockPhoto is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse BigStockPhoto for its legal fees, costs and disbursements if BigStockPhoto is successful. You agree that the Courts of the State of California are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.

16. Entire Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This Agreement comprises the entire agreement between BigStockPhoto and Member, and supersedes any prior agreements. BigStockPhoto reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 10. Your continued use of BigStockPhoto following posting of the revised Agreement on the Website shall be deemed to be acceptance of all such revisions.

Questions? Please contact Customer Service here.

BigStockPhoto.com
2919 Bellows Ct.
Davis, California 95618