Soglasja Modelov in lastnine/Model and Property Releases
Andro-Art.com Model and Property Releases
Last Updated: December 2016
Please read this policy and if you have any questions contact us.
Model and Property Releases/Clearances
With respect to Media for which you have purchased a license through Andro-Art.com, the rights that Andro-Art.com grant to you do not include a license to any person, place, property, or subject matter depicted in a Media, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. Andro-Art.com makes no representations or warranties that it owns or licenses any rights nor does Andro-Art.com grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Media. Furthermore, Andro-Art.com makes no representation or warranty as to the accuracy of any information provided with the Media. You are solely responsible for determining whether your use of any Media 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 Andro-Art.com. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.
With respect to Media you upload as a Contributor, where such Media depicts one or more individuals, a model release document must be uploaded confirming that the individuals included in your Media have signed a written release. By uploading this document, you certify that the information contained therein is complete and accurate.
Andro-Art.com prefers that its contributing users provide copies of release documents that include physical signatures for the individuals consenting to the capture and reproduction of the contributed Media. Recognizing that many of Andro-Art.com`s contributing users desire to submit location and model releases that have been e-signed, rather than printing documents for physical signature by a releasing individual, Andro-Art.com has determined to accept, under certain circumstances, e-signed release documents from certain qualifying contributors. Acceptance by Andro-Art.com of an e-signed release from a particular user shall not constitute a guarantee that future e-signed releases will be accepted from such user.
Andro-Art.com reserves the right to refuse e-signed releases, whether for a particular Media or from a particular user, for any reason.
If you are qualified to submit e-signed releases to Andro-Art.com, you will be asked to separately represent and warrant, at the time of uploading a particular e-signed release, that (i) any submitted e-signed release was prepared in compliance with all requirements of the United States` Electronic Signatures in Global and National Commerce Act ("E-Sign Act"); (ii) such e-signed releases have been reviewed and accepted by each individual whose rights the e-signed releases purport to release; (iii) multiple e-signed releases have been submitted and shall be submitted for Media portraying the same individual, which Media were captured on different calendar days; and (iv) you have not submitted and shall not submit any e-signed release that is fraudulent or otherwise unenforceable. If Andro-Art.com authorizes you to submit e-signed releases, you agree to maintain copies of each e-signed release submitted to Andro-Art.com for as long as the associated Media is available for download from Andro-Art.com and for a period of three (3) years following the Media`s removal from Andro-Art.com. You further agree to provide Andro-Art.com with additional copies of any e-signed release upon request.
If Media is designated as model-released, it means the contributing member posting such Media has represented to Andro-Art.com that the depicted individual(s) has/have signed a release permitting reproduction of the Media, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that Andro-Art.com is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed model release for all individuals depicted in a particular Media. If Andro-Art.com incorrectly indicates that a Media is model-released when it is not, Andro-Art.com`s liability shall be limited to the amount you paid Andro-Art.com for the use of the Media. If a Media depicts an individual and you use such Media in a manner that implies the use or endorsement of a product or service by depicted individual, you must indicate wherever the Media is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use an Media depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive (as described above). Any license obtained through Andro-Art.com is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Andro-Art.com with proof of such releases and permissions upon request.
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