Terms of use

YAY Media (yaymicro.com) Contributor Agreement


§1
This agreement is between YAY Media AS and contributors who upload their digital content to www.yaymicro.com. The contributor is required to read, understand and sign this Agreement prior to any upload. If the contributor has any questions he or she should contact YAY Media at contributor@yaymicro.com prior to signing the agreement.

YAY Media AS reserves the right to modify these terms at any time and to notify you by an announcement on your login page of the modifications. You agree to be bound by all such changes. If you do not agree with any of the changes please remove all or that portion of your submitted content to which you do not wish the changes to apply

§2 Commission
Contributors to YAYmicro.com will receive a 50% commission per credit per sale and a €1 commission for content bought on subscription where the customers do not use credits. The contributors will be paid through PayPal or Moneybookers, and the limit for payout will be set to €30.

For licensing via sub-agents the contributors will receive a 50% commission of the commission provided to YAY.

The prices and commissions can be adjusted at any time by YAY Media AS.

§3 License
A non-exclusive license is granted YAY Media AS when the contributor uploads digital content to www.YAYmicro.com. The uploaded content will be sub-licensed to YAY Media's customers for download and usage according to the YAY Customer Agreement. For each sub-licensing the contributor receives a commission as described in §2.

The uploaded content will be subject for redistribution licensing to sub-agents.

The license does not include copyright for any content and will not provide copyright to any third party.

The full rights to the uploaded content are retained by the contributor. The contributor has the full rights and responsibility to and for the content.

For creative content (non-editorial): If there are identifiable persons or property the contributor is responsible for uploading a signed model or property release.

YAY Media may use accepted content for its own business purposes relating to the promotion of the Site and its distribution programs.

§4 Content

Creative content cannot include any third party copyrights, trademarks, people without model release, restricted buildings, artwork, patents or violate privacy and the like. It is the contributors' responsibility to not upload such photos as creative content.

Editorial content can include logos, trademarks, publicly known persons, buildings, artwork and the like. The contributor is committed to mark such content as editorial. Editorial content will only be sold to editorial customers. Editorial content must not break rights of privacy.

YAY Media reserves the right to delete, move or refuse to accept any content provided by the contributors at any time.

YAY Media is not responsible for any damages caused by the use or inability to use the content uploaded. It is the contributors' responsibility to uphold copyrights and challenges from third party.

§5 General
It is the contributors' responsibility to pay taxes on their commission according to their national laws.

We use 3D-secure for all our creditcard transactions.

YAY Media AS and the contributor agree and commit themselves to follow the code of business conduct.

Any dispute should first be attempted solved between the parties involved, if unsuccessful, the legal venue will be Oslo City Court.

I affirm that I have full legal capacity to sign this Agreement.

This Agreement is personal to you and is binding upon your heirs, executors and legal representatives

This Agreement remains in full force and effect until terminated by either party.

By ticking the correct box at the end of this Agreement you admit to have read, understood and accepted the terms.

YAY Media (yaymicro.com) Customer Agreement


§1 AGREEMENT
This Agreement is between YAY Media AS and customers who use or download conent from www.yaymicro.com (the site). By using the site you agree to be bound by this Agreement. The customer is required to read, understand and sign this Agreement prior to using any content from the site. If the customer has any questions he or she should contact YAY Media at support@yaymicro.com prior to signing the Agreement.

YAY Media AS reserves the right to change this Agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed. This Agreement applies to you and, if you are using this web site on your client's or employer’s behalf, to you and your clients or you and your employer.

§2 GENERAL
This site is owned and operated by YAY Media AS. All rights not specifically granted under this Agreement are reserved to YAY Media AS. YAY Media AS may restrict or remove your access to this site at any time and restrict or remove any content without prior notification. You agree to immediately discontinue all use of a specified content upon notification from YAY Media AS.

You are solely responsible for determining whether your use of any content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by YAY Media AS or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

YAY Media AS takes reasonable efforts to provide accurate information on the site, but cannot take responsibility for any mistakes, inaccuracies or typographical errors on the site. It is the contributor’s sole responsibility, as the copyright holder, not to upload content that infringes copyright or trademarks. Despite our best efforts to identify any such content, YAY Media AS does not hold any responsibility for any infringements. Please notify us if you discover any such material.

§3 ACCOUNT
To obtain access to our content as well as upload any content, you have to apply for an account and you agree to provide complete, true and accurate information. YAY Media AS reserves sole discretion over whether to grant you an account.

You agree to take reasonable steps to prevent others from obtaining your access information and to notify YAY Media AS of any unauthorized access or need to update or remove access for any of your employees or agents.

§4 LICENSES
After acquiring a credits package or subscription, you can download content and license it. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company's own projects or clients and cannot be transmitted to another party.

You may modify the content in any way required for reproduction, or include them in your own personal creations. Buying content does not transfer the copyright. You may not claim that the content is your own. You may not sell, license for use, or in any way distribute the content for reuse, except if you obtain an extended license.

§4.1 CREATIVE CONTENT:

REGULAR LICENSE (RF or RM):
The content that you download under the regular Royalty Free (RF) license may be used to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, flyer, or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the content appears does not contradict any of the restrictions below. The list is not exhaustive.

The content that you download under the regular Rights Managed (RM) license may be used to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, flyer in either printed or electronic media, as long as the item in which the content appears does not contradict any of the restrictions in this agreement. The list is not exhaustive. The RM-licensed content is limited to editorial usage only. The content is to be used one time. If the content is to be used again a new licenses must be bought and the content downloaded.

EXTENDED LICENSE (RF only):
Redistribution requires an extended license. Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the content in an essential manner, intended to be sold, are considered redistribution. It is forbidden to make the content available on a website for download (for example as wallpapers), although you may use the content in a concept on a website. We recommend that you credit the agency and the photographer when you use content. Ex: Photographer / yaymicro.com.

§4.2 EDITORIAL (RM):
The editorial section provides newsworthy content reflecting events from social, cultural and political scenes. Content downloaded under the editorial section of our site, as well as content downloaded with our Royalty Free license can be used within editorial context as long as the current terms are met. The content you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Buying the content (purchasing the license) does not transfer the copyright. You may not claim that the content is your own and you may not sell, license for use, or in any way redistribute the content. Special ethical considerations apply to editorial usage. When using editorial content, you are solely responsible for any claims related to or arising from any visual adjustments of the content. Standard manipulation such as cropping the content or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the content. Content included within the editorial section may include visible logos, or identifiable persons who did not sign a model release. You are solely responsible for the usage given to such content. Editorial content are not meant for commercial usage and using them in a commercial context is against editorial terms.

All content used within editorial context or related must be accompanied by a visible byline. Ex: Photographer / yaymicro.com

§5 UNAUTHORIZED USE
Without limitation, content may not be used for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use is regarded as copyright infringement and entitles YAY Media AS to exercise all rights and remedies under applicable copyright law, including restrictions preventing further use and financial compensation against all users and beneficiaries of the use of such content.

§6 INDEMNIFICATION

You agree to indemnify, defend, and hold YAY Media AS and its affiliates, harmless from all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any content.

§7 OTHER
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes (for Norwegian customers this is automatically added) and duties imposed by any jurisdiction as a result of the license granted to you.

We use 3D-secure for all our creditcard transactions.

YAY Media AS and the customer agree and commit themselves to follow the code of business conduct.

Any dispute should first be attempted solved between the parties involved, if unsuccessful, the legal venue will be Oslo City Court.

I affirm that I have full legal capacity to sign this Agreement.

By ticking the correct box at the end of this Agreement you admit to have read, understood and accepted the terms.

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