UNFRAME TERMS AND CONDITIONS
1. PREAMBLE AND DEFINITIONS
UnFrame is an online resource which aim is to support photographers presenting their works to a wide audience and make them known amongst photography and journalism insiders.
UnFrame offers the services described in this agreement at no charge. To stream and propagate the work submitted, UnFrame requires that the photographer grants us a limited non-exclusive license as set forth in this agreement.
UnFrame does not act as an intermediary and has no right to license any transfer of copyright ownership or any license.
This agreement sets forth general terms for UnFrame, the selected authors which submitted work has been approved and visitors of the website. UnFrame makes no representation that all authors who submit their work will be approved. The selection results remain in UnFrame sole discretion and is unappealable.
UnFrame and its administrators (hereinafter referred to as UNFRAME, we, us, our website) provide services to display and propagate photographic, video and textual works (hereinafter referred to as the ACCEPTED MATERIAL) of selected authors who submitted said material (hereinafter referred to as the SELECTED PHOTOGRAPHER) to UnFrame.
2. GRANT OF LICENSE
2.1. The Selected Photographer hereby warrants and represents that he or she is the sole and exclusive owner of all files, prints, text information, and any other photographic material delivered to UNFRAME. The Selected Photographer warrants and represents that he or she has the unrestricted right to license the said Images for displaying purposes.
2.2. Rights: by submitting his / her material the Photographer grants to UNFRAME worldwide, royalty-free, non-exclusive right to display, stream and propagate the Accepted Material across UNFRAME’s sites, UNFRAME’s Features, partner sites and any media or technology (whether now known or hereafter existing) that UnFrame believes appropriate to exploit for its purpose of displaying and making the Accepted Material of Selected Photographer known.
In some instances, the Accepted Material must be reformatted for display and incorporation into UNFRAME’s websites. As such, PHOTOGRAPHER allows UNFRAME to publish, reproduce, modify, distribute, perform and display the Accepted Material, in whole or part, and/or to incorporate it in other works in any form, media, or technology wether now known or hereafter existing. Such license also includes incorporating the Accepted Material, in whole or in part, into a UNFRAME’s feature or in promotional or marketing materials.
Notwithstanding the foregoing, UNFRAME shall not acquire any rights, title, or interest in or to said Accepted Material, or its use, other than as specifically set forth in this agreement
UnFrame will use its best efforts to display the Accepted Material in its website but makes no representation that the Accepted Material will be further promoted.
UnFrame and its administrators reserve the right to remove the Accepted Material from its website at any time as they see fit.
2.3. Photographer agrees that no compensation or further consent is due for the use of The Accepted Material.
2.4. UNFRAME will make its best efforts to assure that photographer will always receive a proper credit but will not be responsible for the lack of credit given to the Accepted Material.
2.5. Photographer grants UNFRAME and its Representatives, the rights in its sole discretion to use the Accepted Material for their marketing and promotional use for which no payment shall be owed to the Photographer. UNFRAME will endeavor to credit the Photographer wherever practicable.
3. RESPONSIBILITY FOR INFORMATION
3.1. Photographer shall provide valid Property or Model Releases for Images depicting recognizable people, private property, or as required by photographers for displaying images and videos used for commercial and advertising use. Photographers does not generally require Property or Model Releases for images selected for press usage.
3.2. All the Selected Photographer’s Accepted Material is provided with the understanding that there exist and need no model releases and no property releases, unless otherwise stated.
3.3. Selected Photographer represents and warrants that the Accepted Material shall be truthful and accurate.
4. ASSIGNMENT/BINDING AGREEMENT
4.1. This agreement may not be assigned by either party, either voluntarily or by operation of law, without the prior written consent of the other party. This agreement shall be binding upon the Photographer, UNFRAME and their respective heirs, executors, administrators, successor, and assigns. In the event of the Photographer’s death, his or her estate or heirs or successors shall be bound by the terms of this agreement.
5.1. This agreement shall be terminated upon request of one of the parties. Selected Photographer shall allow a technical period of 45 days after his / her formal termination request in order to allow administrators to purge UNFRAME websites of all Selected Photographer’s content.
6.1. This agreement is executed and is intended to be performed in Rome, Italy. Italian laws shall govern its interpretation and effect. Any controversy or claim arising out of or relating to this agreement or the breach thereof shall be settled by arbitration in the Court of Rome, under the Italian rules, if the two parties are unable to agree to arbitration terms within 30 days of initial notification that a dispute exists.
7. PHOTOGRAPHER WARRANTIES
Photographer represents and warrants that:
7.1. He / she has read and understands this Agreement, and has the legal right to enter into this Agreement and perform his or her obligations hereunder;
7.2. Any Accepted Material shall not knowingly (1) infringe upon any copyright or trademark or any other intellectual property rights, right of privacy or publicity; (2) defame any Third Party; nor (3) give rise to any existing or potential claim by any Third Party.
8.1. Photographer represents and warrants to UnFrame that the Material shall be truthful and accurate and Photographer has all rights necessary to grant the rights conferred herein and that UNFRAME’s use of the Material in accordance with the terms of this Agreement will not violate the rights of any third party. Photographer agrees to indemnify, defend, and hold UnFrame and its successors, officers, directors and employees harmless from any and all actions, claims, demands, costs, liabilities, expenses and damages (including reasonable attorneys’ fees) arising out of, or in connection with, any claim by a third party which, if true, would constitute a breach by Photographer of the foregoing representations and warranties.
8.2. Neither party shall be liable to the other party for indirect, incidental, consequential (including lost profits or business opportunities), special, exemplary or punitive damages. IN WITNESS WHEREOF the parties have executed this agreement on the day and date first set forth above.
9. PRIVACY AND DATA PROCESSING
To comply with privacy laws and E.U directives, authors must agree on UNFRAME handling and processing of their personal data and publishing their material in relation to the promotion and propagation of the information. Any information you submit, may be collected, processed, stored and otherwise used by UNFRAME and its affiliates for administration purposes. To promote the Selected Photographers and their Accepted Material, UNFRAME is granted the right to display and publish images, profile images, names, last names and biographies and any other data freely submitted by the authors in any media including social network websites.
Please find UNFRAME website complete privacy at: http://www.unframe.com/privacy-policy/
Visitors who use this website and rely on any information do so at their own risk.
We are not responsible for the contents or reliability of any other websites to which we provide a link and do not necessarily endorse the views expressed within them.
Unless stated otherwise, the text, photos and videos on UnFrame domains have not been corrected, edited or verified by UnFrame and are the raw material submitted by the authors. All views and opinions expressed are that of the independent authors and do not represent the views of UnFrame.
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. The majority of content posted in this domain is created and submitted by external authors. The views expressed are theirs and unless specifically stated are not those of UnFrame. We accept no responsibility for any loss or harm incurred.
UnFrame, its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of UnFrame.com or any information, services or content on UnFrame.com.
We do not warrant that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
All content and images in the domains owned by Unframe.com are copyrighted and protected by copyright and intellectual property laws. You may not reproduce, display, transmit, distribute, modify, or otherwise exploit the content, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of content.
UnFrame name and logo are a registered mark and it cannot be used without UnFrame prior written consent.
UnFrame reserves the right to pursue unauthorised uses of content on UnFrame domains. If you violate our intellectual property you may be liable for: actual damages, loss of income, and profits you derive from the use of content on UnFrame domains, and, where appropriate, the costs of collection and/or statutory damages.