This Content Agreement (the "Agreement") is a legal agreement that is entered into by and between any person who has entered their name, contact information, and has registered as a member at www.cpachr.com, who intends to upload photographic and other materials onto the Website for use in connection with the Service (as defined below), and who, if registering by or on behalf of a company, has the authority to bind such company (in this Agreement, such person or company, referred to as "You") and CAPCHR INC and its affiliates ("CAPCHR", "capchr.com") (each also referred to in this Agreement as a "Party" and collectively as the "Parties"). Now in consideration of the Party's mutual promises and such other good and valuable consideration, the receipt of which is hereby acknowledged by the Parties hereto, each of the Parties does agree as follows:
- Background of Agreement.
- This Agreement governs the terms by which artists provide art works photographic works art and Descriptive Information (the "Images") to CAPCHR through it's service, the website located at www.capchr.com for use in connection with the service where by members of CAPCHR.com will be permitted to use such Images, on a non-exclusive and world-wide basis (the "Service"). This Agreement is in addition to the Website's Terms of Service which are applicable to the Website and the Service that all persons using the Service have previously entered into (such persons are referred to as "Member(s)"). In the event of any inconsistency between this Agreement and the CAPCHR Terms of Service with respect to the Images, the terms of this Agreement shall govern.
- Provision of Images.
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You acknowledge and agree that You may provide Images for use in the Service using the upload function, solely in compliance with the procedures of the Website together with descriptive and other information, and/or documents (such as model or property releases)
otherwise required to enable CAPCHR to utilize the Images in connection with the Service and to realize the commercial potential of the Images (such information and/or documents are referred to herein as "Descriptive Information").
- In addition to the terms of this Agreement, the Parties acknowledge that the provision of all Image is subject to the policies and procedures outlined in the Website and the Terms of Service, each of which are incorporated by reference into this Agreement as though fully set forth herein. You agree that Your breach of any of the rules relating to acceptable Image outlined in the Terms of Service will be deemed to be a breach of this Agreement.
- Grant of Rights; Waiver of Certain Rights.
- The Parties agree that all rights, including title and copyright, in and to the uploaded Images will be retained by You, and no title or copyright is transferred or granted in any way to CAPCHR or any third party except as provided in this Agreement.
- You hereby appoint CAPCHR as Your non-exclusive reseller and distributor; and as such, CAPCHR shall have the right, but not the obligation, in connection with the Service and through other venues owned or operated by CAPCHR or its affiliates, to do any or all of the following:
- use, sell, distribute, license or sublicense copies of the Images to third parties, and to upload, transmit, retransmit, distribute and redistribute the Images within the jurisdictions of CAPCHR's business;
- crop, format, reformat, modify, and create derivative works (to the extent necessary to embed or apply a watermarks);
- post, publish, republish, display, and to make the Images available for download;
- reproduce or to permit third parties to reproduce copies of the Images and to sell prints or similar Image products; and
- In addition to the foregoing grant or rights, You hereby grant CAPCHR the right to post, reproduce, modify, display, make derivative works or otherwise use Images for their own business purposes relating to the promotion of the Service, the Website, the Images and the expansion of the market for the licensing of Images (including, without limitation, the use of (i) the Images; (ii) Your registered and unregistered trademarks relating to the Images, and (iii) Your name (which shall include any professional names or sobriquets), image, likeness, voice, or any other aspects of Your personal identity (collectively, “Personal Rights”) for marketing, sales and promotional efforts whether on the Service, the Website or through third parties). You understand and agree that no compensation shall be due to You for use of the trademarks, Personal Rights, or the Images for such business purposes. CAPCHR shall have the right, but not the obligation to use the Images as specified in this Section 3(b).
- Waiver of Moral Rights. You hereby waive and agree to waive, all moral rights, rights of attribution, and integrity for specific works created by You in respect of all marketing, advertising and commercial uses of the Images as contemplated hereunder.
- Intellectual Property Matters.
- You acknowledge that CAPCHR prohibits any Images or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Website, and as such, You agree that You shall not upload any material that infringes or may infringe the rights of any third party.
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To the extent that the Image(s) contain(s) images of people or persons, You represent and warrant that You have obtained a valid and binding
model or property release
from all required parties in substantially the same form as the
model release
that will permit the uses for such Image contemplated under this Agreement. You also represent and warrant that where required by applicable law, You have also obtained a valid and binding release in substantially the same form as the
property release
relating to any identifiable property contained in the Image(s) where such Image(s) may lead to the identity of or be required by the owner of such property to permit the uses that are contemplated by this Agreement.
- You agree that neither CAPCHR nor any of its directors, officers, employees, partners, affiliates 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 any Images, or any error, omission or other matter relating to a model or property release respecting Images.
- Capchr's Fee; Payment Processing.
- The fee for licensing copies of Your Images on CAPCHR will be incurred by You once your Image(s) are licensed by others. Once Your Image is licensed, You're charged a Final License Fee. The Final License Fee is based on the final license price of the Image.
- The Final License Fees are subject to change in the sole discretion of CAPCHR upon reasonable notice of at least fourteen (14) days by sending an email to the email address You when You registered as an CAPCHR member. If at any time after such changes are communicated to You, the Final License Fees are not acceptable to You, You may refrain from providing additional Images and/or terminate this Agreement in accordance with its terms.
- In order to receive payment for the Images You license through the Service, You will need to engage one of our approved third party payment processors (e.g., currently PayPal) (the "Payment Processor"). Payment Processers are not affiliated with CAPCHR in any way; as such, the terms and conditions under which they would offer services to You are separate from and independent from the CAPCHR Service and this Agreement. If You do not sign up with the Payment Processor, You will not be able to upload Your Images to the Service. You may view PayPal's terms and conditions, and sign up, by clicking here.
- CAPCHR will pay You through the Payment Processor on or before the 15th of every month for sales occurring during the preceding calendar month, less fees paid to Payment Processors or financial institutions for the processing of any credit card, debit card, e-check or alternative payment method. In its sole discretion, CAPCHR reserves the right to set a reasonable amount of money aside to cover charge backs and refunds. You will not be paid where a refund is issued to an end user. You will be solely responsible for the payment of all (i) applicable taxes or other withholdings required by applicable law; (ii) bad debts or other uncollectible sums; (iii) legal and other reasonable fees incurred in enforcing this Agreement or the agreements contemplated herein; and (iv) any amounts owing by You to CAPCHR under this Agreement or otherwise.
- Account Security.
You acknowledge and agree that You will be solely responsible for use of the upload of Images that occur in conjunction with Your user name and password, and that CAPCHR is authorized to accept Your user name and password as conclusive evidence that You wish to upload Images pursuant to this Agreement. CAPCHR shall have no obligation, liability or responsibility to monitor the provision of Images under Your user name and password.
- Image Management.
CAPCHR has policies and processes which must be adhered to prior to Images being posted on the Service or otherwise being offered for sale or license. CAPCHR does not and cannot review all Images that are uploaded to the Service and is not responsible for the content, quality, or consequences of Your uploading such Images. Notwithstanding the foregoing, CAPCHR reserves the right to delete, move, refuse to accept or edit any Images that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of CAPCHR’s policies or is otherwise unacceptable in its sole discretion, and You hereby agree to forfeit any fees payable in respect of such Images to CAPCHR or as it may direct. CAPCHR shall have the right but not the obligation to correct any errors or omissions in any Images, as it may determine in its sole discretion. You acknowledge and agree that any screening of Images performed by CAPCHR is done as a courtesy only. You shall immediately advise CAPCHR if the Image(s) violate or may violate the intellectual or proprietary rights of others or any of CAPCHR’s policies.
NOTICE: You acknowledge that the Images You provide pursuant to this Agreement may be purchased or licensed by members with the intention that such licensees will adhere to the terms of the Terms of Service. CAPCHR cannot take responsibility for the compliance by purchasers and licensees of the terms of such agreement, and You acknowledge and agree to the possibility of Image being used in a manner that is not contemplated in this Agreement. You also agree that notwithstanding any rights You may have to pursue the licensees of such Images at law, CAPCHR shall have no liability to You or any person claiming through You for any breach by a licensee of the terms of any agreement respecting the Images. CAPCHR will use commercially reasonable efforts to assist in the protection of Your intellectual property rights, at Your request and Your sole expense.
- Confidential Information.
- You acknowledge that the Confidential Information (defined below) which it obtains through the entering into of this Agreement, the use of the Services, and the uploading of Images constitutes valuable, confidential, proprietary information of CAPCHR and its licensors, and You agree that during the term of this Agreement and thereafter You shall not, without the express written consent of CAPCHR, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Agreement.
- For the purposes of this Agreement, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of CAPCHR, its members, affiliates, and licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: operations; processes; services; designs; pricing; training materials; personnel, identities or personal information of any kind pertaining to members; images belonging to others; and other intellectual property.
- The Confidential Information expressly excludes any information that You can demonstrate: (i) was already known by You; (ii) is obtained by You from a third party lawfully in possession thereof without any obligation of confidentiality; (iii) is or becomes part of the public domain through no fault of You; (iv) is independently ascertained or developed by or for You by its employees or any third party without use of any Confidential Information; or (v) is approved for public release by written authorization of CAPCHR.
- Copyrighted Images Take-Down Policy.
CAPCHR respects copyrights in works of authorship. CAPCHR reserves its rights to take down any Images, in its discretion, in the event that it receives a notice pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act and the Terms of Service. CAPCHR shall not be liable to You for taking down or removing any such Images.
- Representations and Warranties.
- You hereby represent and warrant that:
- You are over the age of eighteen (18) and have all the legal capacity and authority to enter into this Agreement;
- if You are submitting works by or on behalf of a company, that You have both the apparent and actual authority to bind such company to deliver its obligations under this Agreement;
- You are the sole and exclusive owner of the Images or control all rights in and to the Images, including copyright(s), and therefore have all rights necessary to grant all of the rights granted under and contemplated by this Agreement;
- You have not granted any rights or licenses to any Image(s) or any other intellectual property to any third party that would conflict with this Agreement;
- No portion of the Images as delivered to CAPCHR from Your account from time to time contain any disabling mechanism or protection feature designed to prevent its use, copying or enjoyment in the manner contemplated in this Agreement, and that all Images will be free of any virus, worm, lock, or other mechanism or device that may be used to modify, delete, damage or disable the Service, the Website or the Images or any other hardware or computer system, or which would otherwise render inaccessible or impair the use of the Images, the Service, or the Website in any way;
- The Images will include all necessary descriptive information to enable its effective marketing on the Website and the Service, which such descriptive information will be complete and accurate in all material respects and will not include false, misleading or inapplicable metadata intended to or which has the effect of keyword “doping” or improperly altering search results that would otherwise be applicable to such Images; and
- The Images delivered to CAPCHR hereunder represent original creations and expressions of subject matter, and no Images infringe any copyright, trademark, right of privacy or right of publicity or other proprietary right of any third party, or defames or casts into disrepute in any manner any third party.
- Indemnity.
- You agree to indemnify, defend and hold CAPCHR and its affiliates, and their respective directors, officers, employees, shareholders, agents and licensees of Image (collectively, the “CAPCHR Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees and costs) incurred by any CAPCHR Party as a result of or in connection with: (i) any use or alleged use of the Website, the Service, or provision of Images under Your user name by any person, whether or not authorized by You; (ii) or resulting from any communication made or Images uploaded under Your user name; (iii) any breach by You of this Agreement; or (iv) any claim threatened or asserted against any CAPCHR Party to the extent such claim is based upon a contention that any of the Images uploaded under Your account and used within the scope of this Agreement infringes any copyrights, trade secrets, trademarks, right of privacy or publicity, or other intellectual property rights of any third party. The obligations under this Section 11(a) shall survive expiration or earlier termination of this Agreement.
- CAPCHR reserves 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 CAPCHR's defense of such claim.
- You agree that CAPCHR shall have the right to determine whether and to what extent to proceed against a licensee or other third party (an "Infringer") for any violation of the Agreement or the alleged infringement of Your other rights. You will indemnify and hold the CAPCHR Parties harmless from an against any and all claims arising out of or in connection with a determination by CAPCHR to proceed or not to proceed against any Infringer in any instance. CAPCHR hereby agrees that any monetary recovery it receives as a result of any legal or enforcement action taken against any such Infringer, to the extent such monies are intended to compensate CAPCHR for lost licensing fees or statutory damages, shall, after deduction of all costs and expenses incurred in gaining such recovery (including, without limitation, reasonable attorneys’ and experts' fees) incurred by or on behalf of CAPCHR in connection with such action, be divided between You and CAPCHR. In the event CAPCHR elects not to proceed against an Infringer, You shall have the right to proceed against such Infringer for such license violation or infringing action. You hereby agree that any monetary recovery You receives as a result of any legal action taken against any such Infringer, to the extent such monies are intended to compensate You for lost licensing fees or include statutory damages, shall, after deduction of all costs and expenses incurred in gaining such recovery (including, without limitation, reasonable attorneys’ and experts' fees), be divided between You and CAPCHR pursuant to the provisions of the Compensation section above.
- Term and Termination.
- This Agreement is effective until terminated. You may terminate this Agreement at any time by terminating Your account within the Service. CAPCHR may also terminate this Agreement for any reason by giving You thirty (30) days notice by e-mail at the last address contained in Your membership information which You submitted when You registered for the CAPCHR service. If CAPCHR terminates Your membership pursuant to the Terms of Service, such termination shall be deemed to be notice of termination of this Agreement, as well; in other words, this Agreement and the Terms of Service shall be co-terminus.
- Either Party may terminate this Agreement upon written notice effective immediately upon being sent to the last address included on the Website, if the other Party (i) liquidates all or substantially all of its assets, dissolves as a corporation other than through inadvertence, or otherwise ceases to do business in a material way, or (ii) makes an assignment for the benefit of creditors, or (iii) files a petition in bankruptcy, petitions or applies for a receiver or trustee for all or any substantial part of its property and such receiver or trustee is appointed, or commences, or has commenced against it, a proceeding under any bankruptcy, reorganization, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, any of which shall remain in force for a period of thirty (30) days or more, or (iv) is adjudicated insolvent or bankrupt, or (v) is in breach of this Agreement.
- In addition, CAPCHR may terminate an account and may off-set any fees or credits contained in such account against its costs of administration if there has been: (i) in the reasonable opinion of CAPCHR, any material misrepresentation made as to the capacity, identity or copyright ownership of the Images or You provided hereunder; or (ii) no log-in or other activity in the account for twelve (12) months.
- Effect of Termination.
- Upon the termination of this Agreement, the grant of authority given to CAPCHR shall cease subject to the following conditions: (i) CAPCHR shall remove the Images from displaying on the Service; and (ii) regardless of the expiration or termination of this Agreement.
- Upon termination, CAPCHR will be entitled to deduct from amounts owing to You, a reasonable administrative fee for establishing, managing and terminating Your account.
- Notwithstanding any other provision in this Agreement, the termination or expiration of this Agreement shall not alter or affect the rights granted to licensees or sub-licensees by CAPCHR pursuant to this Agreement.
- Termination of this Agreement shall operate without prejudice to the CAPCHR's rights, defenses and limitations of liability provided under this Agreement, the Terms of Service, which rights, defenses and limitations of liability shall survive termination of this Agreement. In addition, the provisions of this Agreement relating to: Image management, Confidential Information, Representations and Warranties, Indemnity, Disclaimer of Warranties and all limitations of liability, shall survive termination of this Agreement and shall continue in full force and effect.
- DISCLAIMER OF WARRANTIES.
- THE WEBSITE AND THE SERVICE, INCLUDING ANY IMAGES CONTAINED THEREIN, ARE PROVIDED BY CAPCHR STRICTLY ON AN “AS IS” BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CAPCHR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICE, OR THE IMAGES WILL BE MADE AVAILABLE FOR SALE OR LICENSE OR THAT YOUR USE OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE.
- CAPCHR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICE, OR ANY IMAGES AVAILABLE FOR USE OR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
- LIMITATION OF LIABILITY.
- YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE AND THE SERVICE INCLUDING, WITHOUT LIMITATION, FOR ANY OF THE IMAGES UPLOADED FROM YOUR ACCOUNT OR CONTAINED ON THE SERVICE.
- IN NO EVENT SHALL CAPCHR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE, THE SERVICE, THE IMAGES OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF CAPCHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
- IN ANY EVENT, CAPCHR'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE, THE SERVICE, OR THE IMAGES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES COLLECTED BY CAPCHR FOR THE CONTENT THAT IS THE SUBJECT MATTER OF THE CLAIM, BUT IN ANY EVENT WILL NOT EXCEED TEN ($10.00) UNITED STATES DOLLARS.
- SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF CAPCHR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSEES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Applicable Law; Notice; Waiver of Jury Trial and Class Action Suits; Dispute Resolution.
- The Website and the Service are controlled, operated and administered by CAPCHR from within the State of California, U.S.A. Although the Website and the Service may be accessed from other locations, and each of these jurisdictions has laws that may differ from those of the State of California and the United States, You acknowledge and agree that this Agreement will be governed under the laws of the State of California, without regard to its conflicts of laws principles. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the State of California with respect to the subject matter of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- You consent to service of any required notice or process upon You by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by You at the time You are first granted access to the membership portions of the Service.
- YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO (i) TRIAL BY JURY; AND (ii) TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST CAPCHR, THE SERVICE, THE WEBSITE, THIS AGREEMENT, OR ANY AGREEMENTS CONTEMPLATED HEREBY.
- Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Los Angeles, California, pursuant to the rules of the rules of the American Arbitration Association in effect at the time arbitration is demanded.
- If CAPCHR is obligated to go to court or arbitration to enforce any of its rights, or to collect any fees, You agree to reimburse CAPCHR for its legal fees, costs and disbursements if CAPCHR is successful.
- General.
- No action or inaction by either Party shall be deemed to be a waiver of any term or condition of this Agreement unless expressly set forth in writing and signed by the Party to be charged. Any waiver of any term or condition shall not be construed as a waiver of any subsequent breach or subsequent waiver or the same term or condition, or a waiver of any other term or condition, of this Agreement. The failure of any Party to assert any of its rights hereunder shall not constitute a waiver of any of such rights.
- Nothing contained in this Agreement shall, or shall be deemed to, place the Parties in a relationship of partners or joint venturers; and neither Party shall have the authority to obligate or bind the other Party in any manner whatsoever.
- Neither Party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other causes that are beyond the reasonable control of such Party.
- This Agreement is personal to You and is binding upon Your heirs, executors and legal representatives, as the case may be, and is not assignable by You without CAPCHR's prior written consent. CAPCHR may assign this Agreement without Your consent to any other party so long as such party agrees to be bound by its terms.
- If all or part of any provision of this Agreement is wholly or partially invalid or unenforceable, the Parties or, in the event the Parties are unable to agree, the arbitrator, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision. If any provision is held to or found to be invalid, then all other provisions will continue to be valid.
- The Parties have requested that this Agreement and all related documents be drawn up in English.
- This Agreement can be amended by the written agreement of the Parties or by CAPCHR sending an email to Your email address as listed in Your CAPCHR account. Continued provision of Images or failure to terminate this Agreement within thirty (30) days of posting of such amendment will be deemed to be acceptance of the amendment by You and such amendment thereafter will be incorporated by reference into this Agreement.
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You specifically agree and acknowledge that You have, in addition to the terms of this Agreement, reviewed the terms and conditions of the
Terms of Service
and any other agreements which may be incorporated by reference therein, and You agree to be bound by them.
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This Agreement and the
Terms of Service
constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous agreements, covenants, undertakings, representations and warranties, whether written or oral, between the Parties with respect thereto.
- Acknowledgement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAVE SOUGHT OR HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF CAPCHR AGREEING TO PROVIDE A MEANS FOR THE SALE OR LICENSE OF YOUR IMAGES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement contains many important provisions that affect Your rights and obligations in connection with the CAPCHR service. By clicking the box next to “I Agree” at the end of sign up screen , You thereby indicate Your assent to, and agree to be bound by the terms and conditions of this Agreement. If You do not agree to be bound to this Agreement or the terms and conditions it contains, do not check the “I Agree” box; You will not be permitted to upload Images or to use or access certain features of the Website. Please print a copy of the Agreement for Your records.