Photography Blog Feature Agreement
This Photography Blog Feature Agreement (the “Agreement”) is entered into between Ever Illuminated (the “Blog”, “we” or “us”) and you (“Submitter” “you” or “your”), effective as of your execution and submission of this Agreement by clicking the “I Agree” box or “Submit Application” link after reading this Agreement (the “Effective Date”). You acknowledge that this Agreement is an enforceable contract and intended to be a signed writing that has the same force and effect as a traditional paper documented in signed ink.
In consideration of the mutual promises contained herein, Blog and Submitter hereby agree, as follows:
Nature of Service. Your original images and text together are referred to as your “Submission”. The Submission may be a featured session (also called “Portrait Story”) or an article. The Submission images for a featured session/”portrait story” for publication must be original and must not have been submitted or pending submission to any other publisher, including but not limited to social media outlets, magazines, blogs, or other websites. The Submission text for publication on both featured sessions/”portrait stories” and articles must be original and must not have been submitted or pending submission to any other publisher, including but not limited to social media outlets, magazines, blogs, or other websites. (The only exceptions to this are that you may publish your featured session/”portrait story” images on your own business website, marketing material, and social media pages. And you may publish your featured session/”portrait story” images on other blogs, magazines, or websites ONLY IF the nature of those publications/websites/social media pages is not primarily photography or photography-business related.) All Submissions must meet the quality and standards set by the Blog and applicable style guide as determined by the Blog. The Submitter must own the copyrights and be the photographer of the images submitted. Submitter must have a model release for each submission. Your submission must be reviewed and approved by the Blog.
Submission and Deliverables. Submission shall not contain images that will subject the Blog to controversy, public scandal, disrepute, widespread contempt, public ridicule, [or which is widely deemed by members of the general public, to embarrass, offend, insult or denigrate individuals or groups,] or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Blog, this includes but not limited to pornography, boudoir, nudes, semi-nude or implied nudes. Photographer must deliver each submission to the Blog in accordance with the procedures specified by the Blog. The Blog reserve the right, at its discretion, to remove any and all submission that may subject the Blog to controversy, public scandal, disrepute, widespread contempt, public ridicule or prejudice the Blog.
Rejection of Submission: The Blog can accept or reject each submission at its discretion. If a submission is rejected, it is in the Blog’s sole discretion to provide you with an explanation for the rejection or provide you with an opportunity to modify your submission and resubmit for approval.
Approval of Submission: If your Submission has been approved for publication, the Submitter will receive a digital file containing a badge that they can proudly display on their site.
Agreement to Join Email List: By submitting, you agree to be placed this Blog’s email list. You can unsubscribe at any time.
Compensation. Unless otherwise agreed to in writing, Submitter shall receive no monetary compensation for providing Submissions.
Intellectual Property Ownership
Ownership: Submitter agrees that the Blog shall retain a license for use of the content of the Submission. However, Submitter may use the Submission on its own blog/website and on its own social media accounts for marketing and advertising. Submitter acknowledges that it has no right to or interest in the Submission text. Therefore, Submitter shall not submit the same content to another publisher anywhere. For featured sessions/”portrait stories”, Submitter agrees that it will not submit the same image or set of images to another publisher for six months of the published date except to publishers or social media pages whose primary content is neither photography nor photography-business related.
License: The Submitter hereby grants to the Blog worldwide, non-exclusive, royalty-free, transferable, perpetual license (for the during of the Term of this Agreement) to exercise the rights as follows:
- to modify, alter or edit the text of the Submission (with regard to spelling, punctuation, grammar, general re-word) as may be necessary;
- to distribute, copy, reproduce and display the Submission in any and all forms, and in any and all media formats whether in existence now or created in the future;
- to assign, license, sublicense, and delegate the rights in the created work to third parties;
- to incorporate the work into one or more collective works and to reproduce, copy and display the work as incorporated in such collective works;
- to incorporate the work into printed and electronic material, including, but not limited to: books, brochures, pamphlets, websites, electronic social media, advertising material, and marketing displays;
- to display, perform, and distribute audio, video, digital audio and digital video of such works;
- to modify and alter such work as may be necessary for display or incorporation in other forms and for incorporation into derivative works;
- to create, modify, or alter the work, in whole or in part, for incorporation into derivative works and to display, reproduce, copy, and distribution of such derivative works;
- to use, distribute, copy, reproduce and display Submission to sell an affiliate product(s);
- to use and arrange subset(s) of the images submitted as may be necessary for display or incorporation in other forms. This license shall continue to be in full force and effect even in the event that this agreement fails to be renewed or is terminated for any reason.
Claim of Copyright Infringement. If you believe that your Submission have been copied and is accessible on this the Blog site in any way that would constitute copyright infringement, please submit a notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Representations and Warranties: Submitter hereby represents and warrants that: (i) you are at least 18 years old of age or older and that you have the right and have obtained all authorizations, release and consent necessary to execute and enter this Agreement; (ii) You will comply with all applicable laws; (iii) Your Submissions (a) are original and, if a featured session/”portrait story”, the images have not been submitted or published anywhere else (except non-photography and non-photography business related publishers/social media pages), and the text for either an article or featured session/”portrait story” has not been submitted or published anywhere else (b) are photographed by you and you are the copyrighted owner, (c) you have obtained releases of the person(s) depicted in the image, (d) does not or will not contain images that will subject the Blog to controversy, public scandal, disrepute, widespread contempt, public ridicule, [or which is widely deemed by members of the general public, to embarrass, offend, insult or denigrate individuals or groups,] or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Blog the Blog, this include but not limited to pornography, boudoir, nudes, semi-nude or implied nudes or defame or disparage any person or entity (or their goods, services or business) or infringe upon or violate the intellectual property rights, right of privacy, or any other rights of any person or entity; and (d) is not the subject of any litigation or other claim or proceeding, or, to your knowledge, any threat thereof.
Indemnification. Submitter agrees, at its sole expense, to indemnify, defend and hold harmless the Blog from and against any judgment, action, losses, deficiencies, damages, liabilities, cost and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, suit, or proceeding brought against the Blog related to your breach of our Blog Feature Agreement or your use of the Blog.
Affiliate Links. This Blog may contain links to other web sites. We are not responsible for the availability of these external sites nor does it endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web site.
Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Blog’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $100. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
Waivers: A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.
Headings. The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.
Assignment: Submitter may not assign or delegate any of its rights or responsibilities under this agreement to a third party.
Merger. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of _ shall govern this Agreement.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.