Terms of Service for Photographers

On the provision of rights to use the photographic works

The text of this License Agreement about the provision of rights to the usage of photographic works (hereinafter the Agreement) is an official proposal (offer) of KEEPSNAP LP company, hereinafter the Administrator, to conclude with any person, hereinafter referred to as the Photographer, an Agreement on the following conditions.
Administrator and User hereinafter collectively referred to as the Parties and individually as a Party
This Agreement is addressed in relation to an unlimited number of individuals with relevant legal capacity in accordance with the legislation of the country of residence of the Photographer, allowing him to engage in civil matters with the Administrator under the conditions defined in the Agreement.
It is presumed hereby and the Photographer confirms that has sufficient legal capacity to conclude an Agreement on the terms set forth in this Agreement.
The Photographer performing conclusive (actual) actions indicating his intention, will and desire to enter into a legal relationship with the Administrator and to conclude with him an Agreement on the following conditions carries out acceptance of this Agreement. In particular, these conclusive actions include registration of the Photographer on the Site.
Acceptance of the Agreement implies familiarization, understanding of altogether and each one separately conditions of the Agreement, complete, unconditional and unreserved acceptance of the Photographer with the provisions and requirements set out in this Agreement.
From the moment of acceptance, License Agreement is deemed to be concluded and agreed between the User and the Administrator, and its terms are binding for the Parties.


1.1. For the purposes of the Agreement, the following terms are used in the following meaning:
1.1.1. Site website belonging to the Administrator, located in the information and telecommunication network Internet under the domain name (domain address) KEEPSNAP.COM, as well as its constituent derivative web pages.
1.1.2. Photographer any individual who is the legal owner of the Object and uploads it to the Site to sell the copy of the Object to the Users.
1.1.3. User any individual who uses the Site in order to obtain (buy, download) a copy of the Object and/or who has obtained (bought, downloaded) a copy of the Object and/or who has an intention to obtain (buy, download) a copy of the object.
1.1.4. Administrator - the company KEEPSNAP LP, established and registered in accordance with the legislation of Canada, with the rights to use and manage the Site.
1.1.5. Object a photographic work or a work obtained in a way similar to photography, uploaded to the Site by the Photographer in order to be sold to the Users.
1.1.6. Object upload actions of the Photographer on the adding the corresponding objects to the Site from hard disk or other tangible media drive.
1.1.7. Object download actions of the Users on transferring the copy of corresponding Object from the Site to the hard disk or other tangible media drive.
1.1.8. Registration of the Photographer on the Site committing by the Photographer collectively of the following actions: filling the registration form, confirmation of the e-mail address and sending to the Administration not less than 5 (five) photos to check the professionalism and the quality of used technical means.
1.1.9. E-mail special technology ensuring sending and receipt of electronic letters, messages, files, documents, etc., through the usage of information and telecommunication network internet.
1.2. Terms not defined in paragraph 1.1 may be used in the Agreement. In these cases, the interpretation of the terms is made in accordance with the text and the meaning of this Agreement. In the absence of an unambiguous interpretation of the term in the text of the Agreement, firstly, it's necessary to be guided by the interpretation of the terms used on the Site, including the legal documentation of the Site, secondly, by the current legislation and customs of business practice in the relevant field.


2.1. Hereunder the Photographer grants a reward to the Administrator pursuant to the terms and procedures stipulated hereby as well as the rights of use of the Object on conditions of the nonexclusive license on the Territory of the validity of the Agreement (the territory of possible use of the Object).
2.2. The Photographer confers the rights of use of the Object (the license) to the Administrator solely for purposes of sale of the copies of the Object to the Users by the Administrator.
2.3. The scope of rights granted to the Administrator pursuant to the section 5 of the Agreement is exercised by the Administrator solely for purposes of sale of the copies of the Object to the Users and bringing mutual benefit to the Photographer and the Administrator.
2.4. Under this Agreement, the Administrator acts as a sales agent of the Photographer, in particular carries out the provision of the Site to the Photographer and the Users, receives payments from the Users for the Object copies and carries out the provision of other extra services in accordance with this Agreement.
2.5. The Photographer hereby grants the Administrator complete exclusive and unconditional right to selling the copies of the Object, created by the Photographer to the Users.
2.6. Nothing in the Agreement shall indicate about conferring the exclusive rights for the Object by the Photographer to the Administrator as well as about limiting authorship and/or any other intellectual rights of the Photographer for the Object. The exclusive rights for the Object, and also all other authorship and intellectual rights associated with it, are reserved by the Photographer.


3.1. The Object of rights according to the Agreement is any photographic work (photo), uploaded to the Site by the Photographer.
3.2. Objects (photographs) uploaded to the Site by the Photographer may concern certain individuals (citizens), ongoing activities (weddings, banquets and other celebrations), the objects of the material world (buildings, vehicle, other technical equipment, furniture, etc.) etc.
3.3. Certain items of photographing are determined directly by the Photographer at his discretion, will and desire. Photographer chooses format, type and other settings and parameters of the uploaded Object, taking in account the restrictions specified in this Agreement.
3.4. Photographs violating the provisions of current legislation, in particular, but not limited to the following cannot be the Object uploaded to the site:
3.4.1. Containing threats and insults.
3.4.2. Discrediting anyone.
3.4.3. Violating the rights of citizens to the private life or public order.
3.4.4. Containing obscenity materials.
3.4.5. Violating honor and dignity, rights and lawful interests of other persons.
3.4.6. Promoting or containing incitements to religious, racial or ethnic hatred.
3.4.7. Concerning attempts of incitement or calls for violence.
The Photographer is obliged to ensure the compliance of the Object with the legal requirements.
3.5. It is recognized hereby that uploading of any Object to the Site by the Photographer means the provision of all rights concerning the Object, stipulated by this Agreement, to the Administrator.


4.1. The Photographer hereby states and guarantees the following:
4.1.1. The Photographer is the owner of the exclusive right to the Object (Photographer has all the rights to the usage and disposal of the Objects; others do not possess the exclusive right to the Object).
4.1.2. The Object is created exclusively because of the creative work of the Photographer.
4.1.3. The Photographer has full power and authority to transfer the Administrator an exclusive license to use Objects on the territory of the Agreement in accordance with the terms and conditions of the Agreement; Photographer has the power and authority to conclude the following Agreement.
4.1.4. The Photographer has the right to all collectively and individually for each part of the Object, which allows to conclude this Agreement with the Administrator.
4.1.5. The Object does not contain any items violating rights, including intellectual, of the third parties.
4.1.6. The Photographer was permitted by the third parties to make photos of them and accordingly to upload photos, where the third parties are depicted, to the Site.
4.1.7. The Photographer does not violate any rights and claims of the third parties regarding the rights to the Object, if necessary, the Photographer has appropriate consent, authorizations, contracts and agreements concerning the Object.
4.1.8. The Photographer in all cases undertakes to take measures ensuring the smooth implementation of the Administrator's rights to the Object, provided in accordance with this Agreement.


5.1. According to the Agreement the Photographer provides the Administrator the right to use the Object in the following ways:
5.1.1. Reproduction of the Objects, i.e. production of one and more copies of the Objects in any material form (DVD-disks, Internet files, printed photos, etc.).
5.1.2. The distribution of the Object by selling copies of the Object to the third parties on a paid basis. The distribution is carried out by Administrator through the Site, by downloading the Objects by the Users after paying.
5.1.3. Public demonstration of the Objects, their components (certain frames) or on the screen with the help of television pictures or other technical means without concern for their order, including, but not limited to, for purposes of advertising, to attract consumer interest to the Objects, increase the consumer demand, etc.
5.1.4. Import of the original or copies of the Objects in order to distribute.
5.1.5. Processing of the Object not concerning the general content and focus of the Object.
5.2. All the provisions of the Agreement are applicable to the Object as a whole and to its separate parts, unless otherwise provided in the text of this Agreement.


6.1. Rights and obligations of the Photographer: 6.1.1. The Photographer has the right to timely remuneration in the manner and amount specified in the section 7 of this Agreement.
6.1.2. The Photographer is entitled to get from Administrator the layouts of business cards or printed business cards for potential customers, as well as other attributes, provided by the Administrator. Printed business cards are provided to the Photographer on the paid basis in accordance with the price (cost of services), established by the Administrator. In some cases and under the conditions determined at the discretion of the Administrator, printed business cards may be distributed on a gratuitous basis.
6.1.3. The Photographer is obliged to refrain from any actions which may hamper the implementation by the Administrator of granted to him right to use the Objects.
6.1.4. The Photographer in order to upload the Objects to the Site has to pass the Administrator's inspection of the professionalism and photographs quality. The terms of passing the inspections are formed directly by the Administrator. This inspection is obligatory to upload the Objects to the Site and thus to obtain the license fee from the Administrator.
6.1.5. The Photographer undertakes not to use on the Objects (photos) any watermarks, logos, trademarks or trade names, and other foreign visual objects (marks).
6.1.6. The Photographer is entitled to exercise other rights and is obliged to fulfill the duties specified in this Agreement.
6.2. Rights and obligations of the Administrator:
6.2.1. The Administrator has the right to use the Object in any way, defined in accordance with the License Agreement with the Photographer.
6.2.2. The Administrator is entitled to use any means of advertising and attracting consumer interest and demand of the third parties to the Objects in order to sell them copies of the Objects.
6.2.3. The Administrator in order to increase sales of the Object copies is entitled to involve the third parties for their distribution and reproduction (dealers, artists, contractors, sublicensees, etc.), concluding with them relevant agreements to which Photographer hereby gives his consent.
6.2.4. The Administrator is obliged to pay the User remuneration in the amount and manner specified in the section 7 of this Agreement.
6.2.5. The Administrator is entitled to exercise other rights and obliged to fulfill other duties, established by this Agreement.


7.1. For granting rights to use (exclusive license) the Objects the Administrator pays the Photographer a license fee in the amount of 70% (seventy percent) from the amount of money received from the Users, for the purchase of each copy of the Object.
7.2. The Administrator is entitled to increase the size of the license fee of the Photographer, inducing the cases of increased sales of the copies of the Object of a certain Photographer. In such cases, the amount of fee displayed in the personal account of the Photographer on the Site will be increased.
7.3. Selling of the copies of the Object is carried out by the Administrator (as an agent of the photographer) on the paid basis with the prices set by the Photographer in the price range of $0.99 to $19.99.


7.4. Administrator is entitled to unilaterally change the selling price of the copy of the Object, appropriate information is published on the Site.
7.5. Payment of license fee to the Photographer by the Administrator is carried out under the following conditions in the following order:
7.5.1. The total amount of funds received from the Users for the copies of the Photographer's Object and displayed on a personal balance of the Photographer, is the equivalent of not less than $100.
7.5.2. Terms of transfer of the license fee 1 (one) time in 2 weeks, subject to paragraph 7.4.1 of the Agreement.
7.5.3. Fees charged by the payment systems and credit organizations are paid by the Photographer and deducted from the license fee amount, payable to the Photographer.
7.5.4. Photographer independently determines the method of obtaining his license fee, providing the administrator with the relevant payment details.

8.1. Period of validity of the license to the Object, provided to the Administrator by the Photograph is not limited by any timeframes; the license is valid for the whole period of Administrator activities.
8.2. The Photographer reserves the right to revoke the license for the Object which had been given to the Administrator by notifying the latter in writing or using email.


9.1. For non-performance or improper performance of the obligations, the Parties are liable under the applicable law.
9.2. Photograph is liable for violation of the rights, including copyrights and intellectual property rights of the third parties to the objects, in particular rights specified in the paragraph 3.4 of the Agreement and section 4. In case of causing losses and damages to the Administrator due to the violation by the Photographer of copyrights and other intellectual property rights of the third parties, Photographer undertakes to indemnify the Administrator relevant losses and pay a fee in the amount of 100% of license remuneration, transferred by the Administrator to the account of Photographer during the validity period of this Agreement.
9.3. The Parties shall be discharged from liability for violation of the provisions of this Agreement if such a violation was caused by force majeure circumstances. The Parties agreed that such circumstances, in particular, are the actions of public bodies, local authorities, fire, flood, earthquake, and other natural disasters, absence of electricity and / or malfunctions of computer network, strikes, civil commotions, and riots.
9.4. The party affected by force majeure is obliged to notify another Party within 3 (three) working dates from the date when it found out about the occurrence of such circumstances. Of the force majeure lasts more than thirty (30) calendar days, the Parties have the right to prematurely unilaterally terminate this Agreement, notifying another party fifteen (15) working days prior to the date of proposed termination.


10.1. The Parties have set a claim pre-judicial order of settlement of disagreements and disputes arising from the use of this Agreement. The deadline for response to the claim is ten (10) working days from the moment of its receipt.
10.2. In case of failure to reach agreement on controversial issues, the dispute arising out of this Agreement shall be subject to judicial review in accordance with the current legislation in the location of Administration of the Site.


11.1. Points and issues not covered and resolved by this Offer are regulated and settled in accordance with the legal provisions of Administrator.
11.2. The Parties hereby acknowledge the legal power of the documents, transferred via e-mail or fax, specified in the details of the Parties.


12.1. This Agreement comes into force from the moment of its publishing in the Internet on the Site specified in paragraph 1.1.1 of the Agreement.
12.2. This Agreement is published for an indefinite period and loses its force in case of its annulment by the Administrator. In case of annulment, it is considered terminated, unless otherwise specified by the Administrator.
12.3. In case of making amendments in the Agreement, such amendments come into force from the moment of publishing of the new edition of the Agreement on the Site, unless another term of coming amendments into force is not determined during the publication. The Administrator has the right to unilaterally implement changes to the text of the Agreement.
12.4. The Photographer undertakes to monitor the changes in the provisions of this Agreement, is responsible, and bears negative consequences related to the non-compliance of the obligation.
12.5. In case of disagreement of the Photographer with the corresponding changes, the Photographer is obliged to stop using the Site and refuse the services provided by the Administrator. Otherwise, the usage of the services by the Photographer means his consent with the amendments.
12.6. Relevant version of the Agreement may be found on the site https://keepsnap.com/page/terms-customer
12.7. This Agreement was drafted in English. In case of any discrepancy between the version of the Agreement in English and the version of the Agreement translated into another language, provisions of the version in English will have priority and direct application.