Date of Last Revision: August 20, 2019
The following is a legal agreement between you (“you” or “User/s” or “Contributor/s”) and the owners and operators (“we”, “us”, or “POC Images”) of the site at pocimages.ca (the “Website”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”). Your use of the Service and our provision of the Service to you constitutes an agreement by you and POC Images to be bound by the terms and conditions in these Terms of Service (“Terms”).
“Asset” shall refer collectively to all Images and Videos available under the POC Images License. “Image/s” includes photographs, vectors, drawings, and illustrations. “Video/s” refers to any moving images, animations, films, or other audio/visual representations.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Any such changes will become effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.
Requirements and Registration
You may use the Service only if you can form a binding contract with POC Images, and only in compliance with these Terms and all applicable laws, rules, and regulations. The Service is not available to any Users previously removed from the Service by POC Images. You may be required to register with us in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, and current information as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years old, you may use the Service only with the approval of your parent, guardian, or teacher.
Use of the Service
In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The technology and software underlying the Service or distributed in connection therewith is the property of POC Images and our licensors, affiliates and partners and you are granted no license in respect of that Software. You agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in such technology or software. Any rights not expressly granted herein are reserved by POC Images.
Large scale or systematic copying of Asset, including using any of the methods referred to above, is prohibited except as expressly authorized by POC Images. This applies to all Asset, including Asset made available as part of the public domain. The Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.
License for Images and Videos – POC Images Standard License
Images and Videos on POC Images are made available under the POC Images Standard License on the following terms. Under the POC Images Standard License you are granted an irrevocable, worldwide, non-exclusive and Royalty-Free right to use, download, copy, modify or adapt the Images and Videos for commercial or non-commercial purposes. Attribution of the photographer, videographer, filmmaker or POC Images is not required but is always appreciated.
The POC Images Standard License does not allow:
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Sale or distribution of Images or Videos as digital stock photos or as digital wallpapers;
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Sale or distribution of Images or Videos e.g. as posters, digital prints or physical products, without adding any additional elements or otherwise adding value;
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Depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or
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Any suggestion that there is an endorsement of products and services by depicted person/s, brands, and organizations unless permission was granted.
Please be aware that while all Images and Videos on POC Images are free to use for commercial and non-commercial purposes, depicted items in the Images or Videos, such as identifiable people, logos, brands, etc. may be subject to additional copyrights, property rights, privacy rights, trademarks, etc. and may require the consent of a third party or the license of these rights – particularly for commercial applications. POC Images does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.
Uploading Asset
By uploading Images or Videos to the Website, you grant POC Images and its users an irrevocable, worldwide, non-exclusive and Royalty-Free (RE) right to use, download, copy, modify or adapt the Images and Videos for almost any purpose, both commercial and non-commercial. For the avoidance of doubt, this includes the right of POC Images to distribute the Images or Videos under the POC Images License or any other license offered by POC Images from time to time.
You are solely responsible for the Asset you upload. You warrant that:
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You own all proprietary rights in the Asset you upload to the Website and that the Asset does not infringe the copyright, property right, trademark or other applicable rights of any third parties; and
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You have obtained a non-exclusive, perpetual, irrevocable, worldwide, Royalty-Free Model and/or Property Release, and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.
You accept that even though we do our best to prevent it from happening, POC Images cannot be held responsible for the acts or omissions of its users, including any misuse or abuse of any Asset you upload.
We also reserve the right to remove any Asset at any time and for any reason, including if we believe it’s defective, of poor quality, or in violation of these Terms.
Commissions
POC Images will pay a commission to vendors for every transaction that contains the vendor’s images. A 60% Commission is what POC Images has given to photographers. This number will change will image is purchase in a subscription package. Each vendors’ picture in a subscription will be paid accordingly.
Commissions will be paid out only after they have reached over $100 in the vendors wallet. Vendor must have a PayPal account in order to receive commissions.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease.
Indemnification for Breach of Terms
You agree to indemnify and hold harmless POC Images from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless POC Images from and against any and all claims brought by third parties arising out of your use of the Website.
Warranty and liability
THE WEBSITE AND ITS ASSET ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY ASSET, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. POC IMAGES DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS ASSET WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
POC IMAGES SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR ITS ASSET.