FILE SUBMITTING AGREEMENT

This Agreement defines the terms and conditions under which a User may upload photographs, illustrations or other similar content (hereinafter “Materials”) to Depositphotos.com for the purposes of viewing, purchasing and/or distribution to the entire membership. This document describes the rights and responsibilities of a User, and the consequences and liabilities in the case of a User’s failure to comply with the terms of this Agreement. This Agreement is a supplement to the Utilization Terms, Membership Agreement and Supply Agreement. In case of contradictions with these documents, the terms of this Agreement shall govern.

This Agreement is a legal document between Users who upload materials to the Site (hereinafter “Supplier”) and Depositphotos as the Site owner. The Supplier confirms that the materials uploaded by him/her comply with all rules, terms and conditions stated in this Agreement and the Supply Agreement, and that he/she agrees with conditions and terms put forward by the Site and as described below. This Agreement may be modified or amended, in whole or in part, without warning or notice, and, at the sole discretion of Depositphotos, tailored for certain Suppliers working under special circumstances (see the Standard License Agreement).

After acceptance of the terms and conditions of this Agreement, the Supplier is granted permission to upload content to the Site for access by the entire membership. Each upload shall comply with the terms and conditions of this Agreement, which should be confirmed by the Supplier at the time of each upload.

This Agreement contains the terms affecting the rights and responsibilities of the Supplier. By uploading images to the site, the Supplier thereby confirms his/her consent with this Agreement.

This Agreement comes into force and remains valid up to its termination in accordance with the terms given herein. If the terms and conditions stated herein become unacceptable to the Supplier, he/she should terminate this Agreement in accordance with the procedure given below.

The Supplier uploads materials to Depositphotos in varying formats, using embedded upload procedures or other allowed transmission methods. Depositphotos retains sole discretion to determine which supplied materials are suitable for placement at the Site.

Material selection terms are subject to procedures and norms indicated throughout the Site and principles stated in this Agreement. Any violation of the rules stated at the Site concerning the materials shall be considered as violation of this Agreement, et al.

When uploading materials to the Site, the Supplier confirms and warrants that:

1. The uploaded materials have been created by them personally and/or they have all necessary and required copyrights and allied rights to the materials;
2. The piece had not been and will not be used for logotypes and trademarks or other registered property uses, by the author or by any third parties;
3. All images must be free of depicting any licensed or otherwise protected properties or objects, (posters, artwork, toys, etc.) or the Supplier must have previously attained all required permissions, licenses and/or rights to copy and redistribute said depictions;
4. All images depicting people or properties require the Supplier to have previously attained the appropriate releases to redistribute such depictions.

1. Multiple submissions of any rejected materials without substantial correction of the defects indicated by an inspector;
2. Upload of duplicate copies of any material already accepted by the Site;
3. Continued failure to satisfy material quality criteria described in the Photographer's Guide;
4. Manipulations of keywords, descriptions, file names and other similar information for the purpose of artificially inflating the file rating and ranking in the search inquiry list;
5. Continued failure to attribute appropriate keywords, descriptions, etc., to uploaded materials;
6. Creation of Buyer's account(s) and viewing and/or purchasing your own materials, fraudulently collecting commissions and bonuses and artificially inflating an image’s rating and ranking;
7. When uploading images for editorial use: changing or editing images by using filters, overlapping image parts, creating collages, or any other manipulation of the image content except scaling.

The Supplier confirms he/she have read and agree to the rights and privileges of the Site pertaining to operations surrounding uploaded materials and that no such actions will cause or be the cause of claims against the Site, specifically:

1. Acceptance or rejection by the Site of materials that do not comply with quality criteria of the Site;
   • It is hereby understood and accepted that quality criteria can evolve over time. Acceptance of earlier work of similar quality by the Site does not constitutute a guarantee that such future works will meet current quality criteria requirements;
2. Revision of the accepted works and deletion of those materials that have ceased or no longer satisfy quality requirements or were initially accepted due to an inspector’s mistake;
3. Change of categories and keywords of accepted materials entered by the Supplier if said keywords and categories do not correspond to or accurately represent the material’s content;
   • If the materials being deleted were uploaded under the Photographer’s Promotion Program or any other agreement covering the charge for the accepted materials, the Supplier’ account may be charged a sum equal to the rewards and or commissions paid upon the material’s acceptance. Revenues received by the Supplier for sales of these materials remain possession of the Supplier.

Infringement of one or several provisions of the Forbidden actions is a sufficient reason for one-sided termination by Depositphotos of this Agreement and the Membership Agreement, Supply Agreement and other effective for the Supplier’s contracts and agreements.

If an Agreement termination is the fault of the Supplier, the Site may enforce the right to block all money transactions connected with the Supplier’s account. Depositphotos may stop payments and confiscate the funds from the Supplier’s account as reimbursement. At termination of the current and concurrent Contracts and Agreements, all access to the Supplier’s account will be blocked, all materials deleted from all databases and any pending sales or transactions will be cancelled.

The Site is operated, managed and controlled by Depositphotos located in Florida, USA. The Site is accessible for use in any country of the world. Because all countries have unique laws and subordinate acts that may differ from the laws at the territory of Florida, USA, by entering the Site, the Supplier agrees that this Agreement is governed by the laws of Florida, USA, applicable therein. This Agreement does not fall under the jurisdiction of UN Convention on International Trade Contracts.

The Supplier agrees to handle and process all required notifications sent to the postal address given by them during registration at the Site.

The Supplier agrees to refrain from:

1. Exercising any rights they may have to a trial by jury;
2. Taking part in or organization of any collective claim against Depositphotos regarding the Site operations, provisions of this Agreement or any agreements mentioned herein.

Any disputes that arise in connection with this Agreement, including (without limitations) its interpretation, performance or application order, or its breach and implementation, shall be submitted to arbitration in the state of Florida, USA.

If Depositphotos is forced to convene Non-arbitration court for collection of any payable fees or enforcement of its rights, the Supplier agrees to reimburse all expenses, payments and fees upon successful decision in favor of Depositphotos.

The Supplier confirms that in addition to the terms of this Agreement, he/she has familiarized themselves with the Terms of Use, Membership Agreement and other agreements included herein as references, and agrees with the rights and restrictions mentioned therein.

Lack of enforcement by Depositphotos' of any rights, terms conditions or privileges will not and can not constitute a refusal or revocation of any other rights, terms conditions or privileges.

This Agreement is intended for the Supplier, and is also connected with executors, employers and legal representatives of the Supplier and can not be passed by the Supplier without prior written consent by Depositphotos. Depositphotos reserves the right to pass this Agreement to any other parties without the Photographer's consent if these parties agree with its terms.

Depositphoto’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver or any provision or right. If any provision of the Submitting Agreement can not be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In such cases, the court may select the closest statutory provisions, according to which the provision of the Submitting Agreement can be fulfilled partially or in full.

This Agreement can be modified upon written consent of the parties or if Depositphotos places formulations of such modifications at the Site page. If the Supplier continues to place the material, or during 30 (thirty) days after placement and publication of the modifications and no notification regarding termination of the Agreement has been received by Depositphotos, the modifications will be automatically considered accepted by the Supplier.

For any questions in connection with the provisions of this document, the User is encouraged to contact Depositphotos using the information below:

E-mail: support@depositphotos.com.

Phone: 1-954-990-0075 (10 AM - 8 PM ET).

Or use the form contact us at the Site.

IN ACCEPTING THIS AGREEMENT, THE PHOTOGRAPHER ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF DEPOSITPHOTOS.COM AGREEING TO PROVIDE THE CONTENT, THE PHOTOGRAPHER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE PHOTOGRAPHER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PHOTOGRAPHER AND DEPOSITPHOTOS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE PHOTOGRAPHER AND DEPOSITPHOTOS RELATING TO THE SUBJECT OF THIS AGREEMENT.