THE FOLLOWING TERMS OF SERVICE ("TOS") IS A LEGALLY BINDING, NON-EXCLUSIVE AGREEMENT BETWEEN YOU AND SHUTTERSTOCK, INC. ("SHUTTERSTOCK"). PLEASE READ THE TOS CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY. THE TOS, WHICH MAY BE AMENDED FROM TIME TO TIME, DESCRIBES AND CONTROLS YOUR LEGAL RELATIONSHIP WITH SHUTTERSTOCK, THE RIGHTS YOU ARE GRANTING TO SHUTTERSTOCK IN ANY PHOTOGRAPHS, IMAGES, VECTORS, VIDEOS OR OTHER MEDIA TOGETHER WITH ANY ASSOCIATED KEYWORDS, METADATA AND/OR TITLES SUBMITTED BY YOU TO SHUTTERSTOCK (COLLECTIVELY, "CONTENT") AND WHAT USES SHUTTERSTOCK MAY MAKE OF THE CONTENT. THIS DOCUMENT ALSO EXPLAINS YOUR OBLIGATIONS TO SHUTTERSTOCK AND SHUTTERSTOCK'S OBLIGATIONS TO YOU; INCLUDING THE OBLIGATION TO PAY YOU AS HEREINAFTER SET FORTH.
SHUTTERSTOCK RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND TO NOTIFY YOU OF THE MODIFICATIONS NINETY (90) DAYS PRIOR TO THE EFFECTIVE DATE BY AN ANNOUNCEMENT ON YOUR LOGIN PAGE. YOU AGREE TO BE BOUND BY ALL SUCH CHANGES. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES PLEASE REMOVE FROM SHUTTERSTOCK ALL OR THAT PORTION OF YOUR CONTENT TO WHICH YOU DO NOT WISH THE CHANGES TO APPLY.
SHUTTERSTOCK OPERATES A GLOBAL MARKETPLACE FOR STOCK MEDIA. SHUTTERSTOCK'S CUSTOMERS PAY A FEE TO LICENSE CONTENT FROM THE SHUTTERSTOCK WEBSITES (COLLECTIVELY, "SHUTTERSTOCK WEBSITES"). CUSTOMERS MAY MAKE BROAD USE OF LICENSED CONTENT AND ARE UNDER NO OBLIGATION TO INFORM SHUTTERSTOCK OR YOU OF THE USES MADE OF ANY CONTENT.
By submitting any Content to Shutterstock, you hereby grant Shutterstock a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, market, sublicense and sell any Content uploaded by you and accepted by Shutterstock, until this Agreement is terminated as herein provided. You further grant Shutterstock a worldwide, non-exclusive right to use your name, username and Content in connection with Shutterstock's marketing and promotional activities without the payment of any compensation to you. Shutterstock, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you. You expressly waive any artists' authorship rights or anyÂ droit moralÂ that you would otherwise have under the laws of the State of New York, United States Copyright Act or similar laws of any jurisdiction. You also give permission to Shutterstock to add, modify or remove information related to your Content in order to manage and license such Content.
Shutterstock shall have the right, but not the obligation, to license all Content to its customers for use in accordance with Shutterstock'sÂ Standard License, Enhanced License, Footage Terms of Service, and/or any other licenses Shutterstock may grant or agreements Shutterstock may enter into from time to time. Said licensing terms are deemed incorporated into and made a part of the TOS by this reference. Please note, in the event that changes are made to any of the foregoing licenses, those changes will only affect customers who subscribe to Shutterstock or renew their subscriptions after the effective date of the changes to those licenses. To determine which terms of service govern the use of your Content, seeÂ Which terms apply to me?
The copyrights in and to all Content remain with the owner of such copyrights. Nothing contained herein shall be construed to transfer any copyrights to Shutterstock.
You agree to provide valid and accurate model releases for all Content you contribute to Shutterstock that, in Shutterstock's judgment, contains an identifiable face or identifiable human figure or other identifiable attribute. Content without a model release that depicts an identifiable person may be accepted for "Editorial Use Only" by Shutterstock in its sole discretion. You agree that you are solely responsible for retaining all original model releases and maintaining complete and accurate model release records. Model releases are to be electronically delivered to Shutterstock with the Content. The submission of falsified, inaccurate or otherwise defective model releases is a material breach of the TOS and can result in the immediate termination of your account without notice. Model releases submitted by you shall not contain any terms inconsistent with the TOS or contain any restrictions not contained in the Shutterstock Model Release located at http://submit.shutterstock.com/legal/
Unless you "opt out" (please see "Your Account"), Shutterstock shall have the right to issue an "Enhanced License" in respect of your Content. Customers who purchase an Enhanced License shall have the right to make broader use of your Content. For example, there are no limitations on the number of times an Enhanced License customer can reproduce Content. Please read and familiarize yourself with the terms of the Terms of Service For Enhanced License Subscribers.
Unless you "opt out" (please see "Your Account"), Shutterstock shall have the right to issue a Premier License (or the equivalent) in respect of your Content. The Premier License grants more rights than the Enhanced License. For example, Premier License customers may use Content for so-called "Sensitive Uses." A Sensitive Use is defined as a use of Content that contains one or more recognizable people in a context that might cause a reasonable person to believe that the subject(s): a) suffers from a physical or mental health condition or infirmity; b) uses, endorses, advocates, or believes in a particular, product, service, cause, and/or opinion; c) uses tobacco products; and/or d) is otherwise associated with a position that a reasonable person might consider controversial or unflattering. Sensitive Uses of Content shall require an accompanying disclaimer to the effect that the person(s) depicted are models and are used for illustrative purposes only. Notwithstanding the foregoing and except in the case of Content marked "Editorial Use Only": (i) Content depicting a model engaged in conduct that qualifies as "Sensitive" hereunder (e.g., a photograph of a person smoking a cigarette) may be used under a Premier License, or the equivalent, without a disclaimer if such use is consistent with the Content itself and/or the description of such Content as it appears on the Shutterstock Websites (e.g., a tobacco advertisement featuring a photograph of a model smoking a cigarette); and (ii) use of Content in connection with a political advertisement, endorsement or the like is permissible without a disclaimer. The Premier License prohibits the use of all Content in a fashion that a reasonable person or applicable law would consider pornographic, obscene, immoral, infringing, defamatory or libelous in nature, notwithstanding the context of such Content.
By submitting any Content to Shutterstock, you acknowledge that you will acquire certain confidential information, including but not limited to royalty rates, royalty payments and earnings data (collectively, "Confidential Information"). Confidential Information shall not be disclosed to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.
If your Content consists of moving images, animations, films, videos or other audio/visual representations, excluding still images, such Content, for the purposes of the TOS, will be deemed to be Shutterstock Footage and licensed to Shutterstock customers pursuant to the Shutterstock Footage License. Please read and familiarize yourself with the terms of the Shutterstock Footage License.
Shutterstock shall pay you a royalty for each unique download of Content for which Shutterstock receives payment. The current royalty rates are set forth on the Earnings Schedule, which schedule is incorporated herein by reference. If a customer downloads the same item of Content more than once, you will be paid once only.
If you refer other content contributors to Shutterstock and the contributor identifies you to Shutterstock as the referring party pursuant to Shutterstock's referral program, you will be paid a royalty as set forth on the Earnings Schedule. Any referrer royalties credited to your account from a subscription that is later refunded or charged back to Shutterstock will be deemed to be an overpayment of royalties to you. Shutterstock reserves the right to withhold payments due to you under the Shutterstock referral program for up to 90 days from the date the referred contributor establishes its Shutterstock account.
If you refer a customer to Shutterstock and the customer identifies you to Shutterstock as the referring party, your royalty account will be credited as specified on the Earnings Schedule. You will not receive a royalty for any renewals or subsequent purchases by the customer you referred. Any referrer royalties credited to your account from a subscription that is later refunded or charged back to Shutterstock will be deemed to be an overpayment of royalties to you. Shutterstock reserves the right to withhold payments due to you under the Shutterstock referral program for up to 90 days from the date the referred customer establishes its Shutterstock account.
You agree to follow Shutterstock's Contributor Guidelines. The submission of Content that does not adhere to Shutterstock's Contributor Guidelines may result in the termination of your Shutterstock account. The terms of Shutterstock's Contributor Guidelines are deemed incorporated into and made a part of the TOS by this reference.
While Shutterstock takes commercially reasonable steps to ensure that the rights of its Contributors are not violated by customers or other parties, Shutterstock has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content. You hereby grant Shutterstock the right and authority to take such steps as Shutterstock deems commercially reasonable to protect Shutterstock's rights in the Content. Shutterstock recommends that you register all of your Content for copyright protection, as such registration is generally a prerequisite to commencing an action for copyright infringement. More information on registering your work for copyright protection can be found at http://www.copyright.gov/.
You represent and warrant that:
Shutterstock represents and warrants that:
BY SUBMITTING ANY CONTENT TO SHUTTERSTOCK AND/OR BY PARTICIPATING IN THE FORUMS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF SHUTTERSTOCK'S PRIVACY STATEMENT (WHICH BY THIS REFERENCE IS DEEMED INCORPORATED HEREIN), WITH THE SAME FORCE AND EFFECT AS IF YOU SIGNED SUCH DOCUMENTS BY HAND.