Last Updated: January 5, 2023
This Photographer Terms & Conditions, (“Terms & Conditions”, “Code”, or “Agreement”) and the My Paparazzi Terms of Use, and My Paparazzi Privacy Policy (together “Terms”) sets forth the terms and conditions that govern the relationship between My Paparazzi LLC, a limited liability company duly formed in the state of North Carolina, United States (“My Paparazzi”, “we”, “us”, or “our”) and you (“you” or “Photographer”) with respect to the process under which you may offer or sell your photographs as downloadable prints in JPEG format (collectively, “Photos”) on MyPaparazzi.net (“Site”). Capitalized terms shall have the meanings ascribed to them in our Terms of Use unless otherwise defined herein.
In order to offer or sell Photos through the Site (the “Services”), you must accept the terms and conditions of this Agreement.
PLEASE REVIEW THIS AGREEMENT CAREFULLY AS WELL AS OUR TERMS OF USE AND PRIVACY POLICY. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A PHOTOGRAPHER, YOU AGREE TO BE BOUND BY ALL OF THE TERMS, POLICIES AND GUIDELINES INCORPORATED HEREIN.
We reserve the right to modify or amend the Photographer Terms without notice. Changes are effective when posted on the Site and your continued use of the Site or the Services following the posting of changes to these Terms will mean you accept such changes.
1.Use of Site.
You may list Photos for sale on the Site subject to the terms and conditions as stated herein. You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement.
In order to sell on the Site, you must first register for an account (“Account”). By creating an Account you agree to only use the Site for the following Permitted Purposes:
- Upload Photos. Note:
- The Subject(s) of each individual photograph to be uploaded as Photos must provide their consent for the Photos to be uploaded on the Site and, if a minor, such consent must be obtained from the minor Subject’s parent or guardian.
- Sell Photos to Customers pursuant to Section 3 of this Agreement.
- Provide contact information, links to your professional websites and social media on your Profile Page, pursuant to the terms and conditions as set forth herein.
Under no circumstances are Photographers permitted to utilize this service or their role as a My Paparazzi photographer to harass, annoy, stalk, abuse, threaten or otherwise violate the legal rights (such as the privacy rights of others).
You further agree that when uploading Photos onto the Site, communicating with others via the Site, or otherwise using Site in respect to any digital files, messages, exchanges or otherwise accessed on or through the Site or in connection with the Services, the following conduct is prohibited (“Prohibited Conduct”):
- Uploading Photos for which the Subjects have not given permission to be photographed and uploaded to the Site (or, in the case of a minor, parental consent).
- Uploading Photos that are not original or owned by you. This includes images and/or photographs that include material protected by U.S. or international copyright laws or other applicable laws.
- Uploading Photos that features nudity or lewd imagery.
- Uploading Files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
- Advertising or offer to sell any goods or services, other than consented Photos, or conduct or forward surveys, contests or chain letters without express approval of the receiver of such advertisements or offers.
- Circumventing or attempting to circumvent privacy, safety, watermark, and other protective measures put in place by My Paparazzi. .
- Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of other users.
- Using the Site in a manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
- Obtaining or attempting to obtain unauthorized access to any other My Paparazzi Accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
- Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete a transaction. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or conduct that is otherwise inconsistent with our Terms.
- Using the Site and its Services for unlawful purposes or in an unlawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to selling Photos.
Under no circumstances are Photographers permitted to utilize this service or their role as a My Paparazzi photographer to harass, annoy, stalk, abuse, threaten or otherwise violate the legal rights (such as the privacy rights of others).
My Paparazzi does not, cannot and will not review all communications and Photos uploaded to the Site and is not in any manner responsible for any Photos that is uploaded to the Site in violation of this Agreement.
If your account is found to be in violation of any of the terms and conditions of this section your account is subject to immediate termination and My Paparazzi reserves the right to commence legal action against you.
2. Registration.
You confirm that your name and other details that you provide to us are accurate and to keep such information current.
Each Account is meant for one (1) user, whether an individual person or entity. You agree that you shall not transfer, disclose or otherwise make available your Account or any usernames or passwords (“Passwords”) to any other party. You are responsible for all use of our Services under your Account, including the compliance with the terms of this Agreement and all Terms of Use by any other persons who may access our Services using your Passwords (with or without your consent), including but not limited other members of your household, business, or otherwise. You agree not to transfer, resell, or otherwise convey your Account or the right to use our Services.
You are solely responsible for maintaining the security and confidentiality of your Passwords. If you have reason to believe that your Account is no longer secure, you must (i) promptly change your password; (ii) notify us of the problem by support@mypaparazzi.net. My Paparazzi may require you to change your Passwords.
You agree that My Paparazzi will not be liable for any direct or indirect losses or other damages that you may incur as a result of someone else using your Account, either with or without your knowledge. You also agree that any information you provide is offered at your own risk, and that My Paparazzi cannot guarantee its protection from unauthorized access. For more information see our Privacy Policy. The Account holder, whose email is associated with the Account, is responsible for all activity occurring under the Account, including all activities or transactions conducted through the use of the Account. In the event of a breach of these Terms, our Privacy Policy, or any Additional Terms, the Account holder, shall be held liable.
3.Photographer Profile and Photos.
All information associated with the Photographer Profile and Photos on the Site must strictly adhere to the Photographer Terms & Conditions and must not include Prohibited Photos. Any breach of this Agreement or the Photographer Terms & Conditions will result in immediate takedown of the Photographer’s Profile and Photos and may result in permanent termination of the Photographer’s Account. My Paparazzi reserves the right to remove Prohibited Photos and suspend or terminate the Photographer’s Account in its sole discretion. Failure or delay by My Paparazzi to take any such remedial action is in no way a waiver of our right to later implement suspension or termination or other remedies.
My Paparazzi does not make any claim of right to or in anything you upload or post using our Services, such as any copyright and trademark claims you may have in the information uploaded on your Profile Page.
3.1 Photos.
Only registered Photographers may upload Photos onto the Site and provide information to Customers about themselves on their Profile Page. Uploaded Photos must include information regarding the location (country, city and state) where the photographs were taken. All Photos must be uploaded within twenty-four (24) hours of receiving Subject consent. Subjects will only be able to find and purchase the Photos if Photographers provide the Subject with information about the My Paparazzi service, preferably by giving the Subject a My Paparazzi card with the Photographer’s name and QR code linking to our Site, made available to Photographers for printing directly from the Site.
Prior to posting Photos on the Site you warrant and affirm that you have received consent from the Subject(s) and/or their parent or guardian as applicable.
If any of your Photos is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling the Photos if we receive a report of infringement that complies with our policies, or termination your account if you are found to be a repeat infringer. We shall notify you should any claim be made against your Photos.
When posting Photos for sale on the Site, My Paparazzi will automatically set the purchase price for each Photo in line with our then current rates, to be adjusted from time to time in our sole discretion. The purchase price shall be consideration for the Customer’s limited license to use the purchased Photo(s) on their personal social media accounts and other personal use on digital media only. Any additional rights the Customer wishes to purchase in connection with the Photos shall be negotiated directly between Photographer and Customer.
Only Customers who are the Subject of the Photos being purchased or are authorized to purchase the Photos on behalf of the Subject(s) will be permitted to buy the Photos. Upon completion of the sale, the Customer shall receive an email with a JPEG or other attachment that does not have the watermark. My Paparazzi shall not be responsible for any unauthorized use of the Photos by a Subject or other purchaser.
You agree to the participate in the procedure and terms set forth in Sections 8.1.1 and 8.1.2 of the Terms of Use. More information on Billing and Remittance of Customer payment to the Photographer may be found in “Section 4: Billing and Payment” of this Agreement.
The Photos will be available for purchase for 30 days from the date of upload (“Selling Term”). During the Selling Term you shall not offer any Customer the opportunity to purchase Photos through any channel or means other than the Site.
Upon the conclusion of the Selling Term, My Paparazzi may remove the Photos in its sole discretion and without notice.
Through your Account, you may provide information about yourself, your photography business, and include hyperlinks to your professional and social media website(s) (your “Photographer Profile”). You warrant any information, linked or otherwise, featured on your Photographer Profile is accurate and owned by the Photographer and is no way fraudulent or impedes upon any third parties’ intellectual property or privacy rights.
My Paparazzi makes no claim to the accuracy of the information on any Photographer Profile
You represent that you have all necessary rights to all parts of your Photos and Photographer Profile and that you are not infringing or violating any third party’s rights by posting it.
4.Billing and Payment.
All sales of your Photos will be itemized though your My Paparazzi account. For a full overview of our Billing and Payment policy, please see Terms of Use and Privacy Policy.
The subscription fee for Photographers to use the My Paparazzi (“Subscription Fee”) is payable monthly in advance, and will be automatically deducted from the payment method that you provide upon registration, which may be updated by you at any time. Where applicable, My Paparazzi may charge local taxes (sales taxes or VAT/GST) on the Subscription Fee.
My Paparazzi reserves the right to change or amend the Subscription Fee, at any time and in its sole discretion. You may cancel your subscription at any time of for any reason. Subscription Fees paid prior to termination will not be refunded or prorated, but no further fees will be charged after termination of your Account.
For each individual Photo sold, My Paparazzi will be entitled deduct, and you will be responsible to pay My Paparazzi, a fee to cover administrative and other costs (“Service Fee”). My Paparazzi reserves the right to change or amend the Service Fee, at any time and in its sole discretion.
You agree that the Service Fee shall be deducted from any revenues to you by My Paparazzi.
You are responsible for collecting and remitting all applicable taxes on the revenues paid to you for any Photos, and/or any other charges related to the Photos at the rate and time required by the relevant law. It is your responsibility to determine whether any taxes apply to any sale transactions conducted by you through the Site and to collect, report and remit the correct tax to the appropriate tax authority. My Paparazzi is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such transaction.
Each Photographer appoints My Paparazzi as its agent for the limited purpose of receiving, holding, and settling payments to the Photographer. My Paparazzi will settle payments that are actually received by My Paparazzi to each Photographer, less any amounts owed to My Paparazzi and subject to these Terms, and/or credits, refunds or chargebacks. Payments are usually made to Photographers monthly in arrears.
All funds resulting from a completed transaction will be reflected as a balance in the Photographer’s “Order Details” page. Transactions are considered complete once payment is received and approved by My Paparazzi.
In some cases, deposits to a Photographer’s account could be temporarily delayed by an issue at My Paparazzi, My Paparazzi’s third-party service providers, or the Photographer’s payment processor. We will do our best to communicate with any affected Photographer as soon as we can.
5.Independent Contractor .
Photographer is an independent contractor and shall be solely responsible for the payment of any and all income and other taxes associated with revenues received, and for maintaining any required workers compensation and disability insurance for its employees, if any. Nothing contained herein shall constitute a partnership between or joint venture by the parties or constitute either party as the agent or employee of the other.
6.Licenses.
By using the Site and our Services, and uploading Photos, you grant My Paparazzi a non-exclusive, worldwide, perpetual license to use any Photos uploaded to the Site for the uses contemplated herein, including but not limited to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Photos. This allows us to provide the Services and to promote My Paparazzi, your Gallery Page, or the Services in general, in any formats and through any channels, including across any My Paparazzi Services or third-party website or advertising medium. You agree to not assert any moral rights or rights of publicity against My Paparazzi for using your Photos. You also recognize our legitimate interest in using such materials, in accordance with the scope of this license, to the extent your Photos contains any personal information. My Paparazzi does not claim any ownership to your Photos.