These terms directs your use of FD’s website and services such as uploading and downloading content onto or from the website (Website: Each uploaded or downloaded photograph, illustration, image, or other pictorial or graphic work is referred to as “Work” and the available services on the website is collectively referred to as “Services”). By using the Services or the website, the Client agrees to these terms.
DESCRIPTION OF THE WEBSITE
General Description: This Website includes an online marketplace for uploading and downloading Works. Furthermore, the Website is divided generally into two sections: a public section and a private section. The public section offers to all visitors, among other things, general information about this Website, the ability to view and search for Works on this Website. The private section is only accessible by members. The private section offers to members (in addition to all Services available in the public section) the ability to access our affiliate tools or to upload and download Works.
Registration: Each Client may register to become a registered member by creating an account with FD. The member must also specify whether they are registering as an individual or on behalf of a company or an entity (and, if so, the name of the company or entity).
Upload: Any Work uploaded by members must be done through their own account. The upload agreement is incorporated into these terms by reference. The Work should wholly done by the member. The member must also enter appropriate keywords and a description of the Work so that the Work can be categorized and be searched by the website’s search engine. The fees a member will earn depend on a variety of factors. FD may also place certain types of limits on the uploading of Works.
Download: Any Work downloaded by members must be done through their own accounts. The Download agreement is incorporated into these terms by reference. A Member may download a Work for a particular use after paying with the applicable number of Credits (as defined below; or the applicable number of downloads in the case of a subscription) on the website and agrees to the Download agreement for such Work.
API: Clients use of FD’s application program interface (“API”) is subject to FD’s API agreement, incorporated into these terms by reference.
The Client may only use these Services if it does not violate the applicable law.
YOUR USE OF WORKS
Restrictions: You may only upload or download Works to or from the website in accordance with these terms and the Upload agreement or Download agreement. The Client is restricted from using, reproducing, distributing, displaying or creating derivative works based on any Works that appear on the website unless you enter into a Download agreement, and the Client may do so only to the extent expressly permitted under the Download agreement.
Ownership: No ownership of any Works is transferred and no sale of any Works is effectuated on or through the website. Only the rights expressly licensed in the Download agreements are granted on or through the Website. FD and their licensors retain all title and ownership rights in and to the Works. Such Works are covered and protected by FD or their licensors’ copyright, trademark and other intellectual property rights.
USER - USE OF THE WEBSITE
General License to Clients Content: In addition to the necessary licenses to the Work as stated in the Upload agreement and Download agreement, FD requires certain licenses from Client to your content uploaded or posted on the website. When the Client uploads content (such as their comments on FD’s blogs) to the Services, Client grant FD a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user-driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating and improving the Services.
Feedback: The client will have no obligation to provide FD with ideas, suggestions, or proposals (“Feedback”). However, if Client submits Feedback to FD, then the CLient grants FD a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
Responsibility: FD will have no obligation to review any Works or other content uploaded or posted onto the website, and FD will have no responsibility for any such Works or other content. FD will have the right to accept or deny, delete, move or edit any Works or content uploaded or posted onto the website. If the Client has uploaded or posted any Works or content onto the website, or any Works or other content is uploaded or posted onto the website using FD’s account, then Client will remain solely responsible for such Works or other material or content.
Content on other Websites: FD will have no responsibility for any content on other websites to which Clients may access from the website, including any weblog, comments to any weblog, or any forum on the website.
Modification: FD may change, update or discontinue any or all of the Services on the website at any time. FD may remove or revise any materials on their website for any reason at any time without notice to the Client, including without limitation due to concerns related to intellectual property rights, appropriate consents, or our contractual obligations or legal requirements. FD will have no obligation to make or continue to make, the website or any particular portion or related Service available to Client.
TERMINATION AND SUSPENSION
- FD may terminate these terms or Clients account upon notice to them at FD’s discretion, including, without limitation, for breach of these terms (or act in a manner that clearly shows Client does not intend to, or are unable to, comply with these terms), if it has become impractical for FD to offer the Services in Client’s region, or for inactivity by C with respect to use of the website.
- FD will terminate a Clients access to the website if FD has determined that the Client is a repeat infringer.
- FD shall suspend Clients account at any time and for any length of time. During the time Clients account is suspended, the Client will not be able to upload any Works on the Website, but Client may continue to access your account.