This AGREEMENT is a legally binding contract between you, The Photographer (“Assignor”) and PHOTOMISSION (“Assignee”).

WHEREAS, Assignor desires to post and sell Content (as defined below) on the website, www.photomission.com (the “Site”); and

WHEREAS, Assignor desires to recognize PHOTOMISSION as the broker for his/her Content sales on the "Site" and to participate on the Site and

NOW, THEREFORE, Assignor agrees to the following contractual terms:

EXPECTATIONS.

The Site has been designed for use by professional Christian photographers. This statement does not mean you have to earn 50% or more of your annual income from photography. It does mean that if your knowledge of photography limits your ability to correctly process, enter metadata, upload and tag high-quality, excellent Content to the Site, we are unable to meet your educational needs or to support you in making your photography available for sale.

The term “Content” shall mean any image(s), photograph(s) and/or data.

All Content to be considered for sale on the Site must be uploaded to it by the photographer. PHOTOMISSION does not offer technical support of any kind if a photographer elects to mail a photo CD or DVD to the postal address of the company. Likewise, all attempts to forward files electronically to PHOTOMISSION will also go unanswered.

All Content you have taken and would like to have considered for sale on the Site may be uploaded only once.

The photographer retains the copyright to his/her Content at all times.

You agree to keep your personal details current on the Site and without any reminder on the part of PHOTOMISSION.

You must be able to read and understand English to use the Site and all information found on it.

You must be over the age of 18 to be a photographer on PHOTOMISSION.COM.

MODEL RELEASES.

PHOTOMISSION recognizes that on the mission field and in other circumstances where differences in language present a barrier to communication, it may not always be possible to obtain a model release. This statement applies to photographs showing people the photographer does not know or has not met; as well as to buildings, landmarks and recognized brand names. PHOTOMISSION is, however, committed to seeing all photographers use a model release as part of the company’s standard operating policies. You will find model releases (for adults and for children) available to you on the Site.

Content which is accompanied by a signed model release is indicated by the photographer on the Site. All uploaded Content is assigned a number making it possible to authenticate what Content has model releases and what Content lacks a model release.

USER-SUBMITTED CONTENT: ASSIGNOR’S TESTIMONY.

By submitting any Content to be used on the Site, you agree that PHOTOMISSION may use your name, voice, story of faith (i.e., testimony) or image and any quotes attributable to you, and any such photos, videos, or audio recordings of you, by you or including an image of you as described herein. You grant the rights hereunder whether or not your name, voice, story of faith (i.e., testimony) or image, or any quotes attributable to you are used in any manner by PHOTOMISSION and PHOTOMISSION reserves the right in PHOTOMISSION’s sole discretion NOT to use any submitted Content. You grant these rights to PHOTOMISSION worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, market, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on the Site, advertising, and other commercial uses in connection with the Site.

By submitting Content to be used on the Site, you grant PHOTOMISSION the right to grant third parties (i.e. consumers) a perpetual, non-exclusive, non-transferable, non-sub licensable, worldwide right to Reproduce (as defined below) the Content an unlimited number of times in any and all media for all purposes, including but not limited to commercial purposes, with the exception of those uses prohibited under this Agreement, the Terms of Use and Privacy Policy.

The term “Reproduce” shall mean any form of copying or publication of the whole or a part of any Content, via any medium and by whatever means; the distortion, alteration, cropping or manipulation of the whole or any part of the Content, and the creation of any derivative work therefrom.

You waive all rights related to PHOTOMISSION’s use and release, discharge and hold harmless PHOTOMISSION, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of your name, voice, story of faith (i.e., testimony) or image, or any quotes attributable to you. You further understand and agree that online visitors to the Site may view the Content and may comment on the Content as they see fit such as in (but not limited to) blogs and on social media websites.

At its sole discretion, PHOTOMISSION reserves the right to edit testimonies prior to posting them on the Site.

USER-SUBMITTED CONTENT: ASSIGNOR’S PHOTOGRAPHY TO BE SOLD ON THE SITE.

In addition, and by submitting Content in the form of photography:

• you recognize it is in the sole discretion of PHOTOMISSION to initially decide if Assignor’s photography will be made available for sale on the Site. Once Assignor’s photography is approved for sale on the Site, each photo that is subsequently uploaded will be evaluated in terms of its photographic quality and overall marketing value. The decision of PHOTOMISSION in this regard is final.
• you understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use in, and sale on, the Site, without further consent or approval, and that whether or how the Content is used in and on the Site is entirely within PHOTOMISSION’s sole discretion.
• you agree to embed your screen name and identifiable metadata into each photo before you upload it to the Site and to add appropriate keywords at the time the photo is uploaded. The keywords are supplied by PHOTOMISSION on the Site.
• you certify that you are the original author (or you have a written assignment of all rights from the author) of the submitted Content; and you are the sole copyright owner of the Content and you have complete authority to grant to PHOTOMISSION the rights stated herein and to act as a broker for the sale of your photography.
• you understand and agree that all Content is subject to review and editing by PHOTOMISSION prior to any posting, use or marketing by PHOTOMISSION. You further acknowledge that PHOTOMISSION reserves the right to remove any Content from the Site at any time and for any reason at PHOTOMISSION’s sole discretion.
• you release and hold harmless PHOTOMISSION, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with the use of the Site and/or in connection with PHOTOMISSION’s use of Content specifically related to the purchase of any of the Assignor’s photography by a third party.
• you agree to reimburse and fully indemnify PHOTOMISSION and its licensees and sublicensees and assigns for any and all damages and expenses (including attorney’s fees and costs) that they may incur from claims based on the use of photographic Content to which your name is attached as the photographer and for which you have no model release to accompany the photograph in question.

By submitting Content to be used on the Site, you grant PHOTOMISSION the right to grant third parties (i.e. consumers) a perpetual, non-exclusive, non-transferable, non-sub licensable, worldwide right to Reproduce (as defined below) the Content an unlimited number of times in any and all media for all purposes, including but not limited to commercial purposes, with the exception of those uses prohibited under this Agreement, the Terms of Use and Privacy Policy.

The term “Reproduce” means any form of copying or publication of the whole or a part of any Content, via any medium and by whatever means; the distortion, alteration, cropping or manipulation of the whole or any part of the Content, and the creation of any derivative work therefrom.

OTHER CONTENT POSTED ON THE SITE.

By submitting Content to be used on the Site, you grant PHOTOMISSION the right to grant third parties (i.e. consumers) a perpetual, non-exclusive, non-transferable, non-sub licensable, worldwide right to Reproduce the Content an unlimited number of times in any and all media for all purposes, including but not limited to commercial purposes, with the exception of those uses prohibited under this Agreement, the Terms of Use and Privacy Policy.

All Content is the sole responsibility of the person from whom such Content originated. PHOTOMISSION does not control, and is not responsible for user-submitted Content and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site may contain links to other websites, which are completely independent of PHOTOMISSION. PHOTOMISSION makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked site. Likewise, PHOTOMISSION makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site. Users of PHOTOMISSION bear all risks associated with the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will PHOTOMISSION be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, purchased or otherwise made available via the Site. You acknowledge that PHOTOMISSION does not pre-screen or approve non-visual Content prior to posting. PHOTOMISSION makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profiles of its photographers, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user. And further, as to Content:

• You understand and agree that PHOTOMISSION may review and delete any Content that in the sole judgment of PHOTOMISSION violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
• You are solely responsible for the Content that you publish or display and sell as a user of this Site.
• The following is a partial list of the kind of Content that is illegal or prohibited on the Site. PHOTOMISSION reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the use of the Site by such violators. It includes Content that:
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s copyrighted work, such as misrepresenting photography as owned by you but, in fact, is not owned by you; providing pirated computer programs, or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• displays pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
• post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
• Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
• You must use the Site in a manner consistent with any and all applicable laws and regulations.
• You may not engage in advertising to, or solicitation of, others to buy or sell any products or services through the Site. You may not transmit any chain letters or junk email to others. Although PHOTOMISSION cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Site without their prior explicit consent.

OTHER STOCK PHOTOGRAPHY COMPANIES.

As Assignor selling your Content on the Site, you are solely responsible to ensure that you are not in any legal disagreement with any other stock photography company. Always read the terms of any contract on any website before agreeing thereto.

If you have previously posted Content on another stock photography website and the owner(s) of that site does/do not permit the sale of that same Content on the PHOTOMISSION Site, then you need to abide by the contract of the other stock photography site and not upload that same Content here.

In any and all disagreements that arise between you and a third-party stock photography company, you agree to hold the Assignee harmless.

ASSIGNEE’S RESPONSIBILITIES.

The Assignor is free to market and sell his/her photography through other online and offline markets. In this regard, PHOTOMISSION maintains no exclusivity to the photographic sales of photographers who sell their photography on PHOTOMISSION.COM.

PHOTOMISSION provides an instructional guide for photographers’ use when deciding which Content is to be presented for consideration and sale. The name of the guide is ‘The Good Image,’ and it is found on the Site. Please refer to the guide often in order to limit the rejection of your photos.

PHOTOMISSION will add a watermark to the Content that is uploaded to the Site. Assignor recognizes that even the best technical application of a watermark is subject to illegal removal, and Assignor agrees to not hold PHOTOMISSION responsible, legally or otherwise, if a watermark is removed by an unknown third party.

PHOTOMISSION will store signed model releases on the Site for the company’s, and the photographer’s, future reference and need.

COMMISSION AND PAYMENT METHODOLOGY.

It is PHOTOMISSION’s desire to be financially generous to the photographers of its photographic community who upload and sell high-quality, excellent Content on the Site. At the same time, the percentage of the commission retained by PHOTOMISSION is subject to change without further notice should the cost to continue to operate the Site be higher than expected due to changes in global economies or other unforeseen events.

PayPal is the exclusive payment provider to PHOTOMISSION and its photographic community. Each Assignor is responsible for the following:

• establishing and maintaining his/her own PayPal account.
• independently transferring your PayPal funds to another financial institution, i.e., your bank, wholly apart from any assistance provided by PHOTOMISSION.

PHOTOMISSION keeps no record of your personal PayPal account information on the Site.

When Content sells on the Site, the funds from each sale will be deposited in your PayPal account the following month.

All payments to photographers are in United States Dollars only. There is no exception to this understanding.

YEAR-END ACCOUNTING.

If you reside in the United States and you earn more than $600 in annual revenue from photographic sales on this Site, you will be required to attach a Form 1099 to your federal and state tax returns.

PHOTOMISSION will provide you with this Form in the first calendar month of the new calendar year.

If you live outside the United States and you earn more than $600 in annual revenue from photographic sales on this Site, PHOTOMISSION’s tax counsel advises you to contact and consult with an appropriate tax service in your country of citizenship.

ONGOING COMMUNICATION WITH PHOTOMISSION.

Please use the form found on the ‘Contact Us’ page of the Site for questions related to the use of it. Likewise, you should first attempt to find the answer to your question on the Site before you complete and submit the form.

LAW AND JURISDICTION.

These Terms shall be subject to, governed by and construed under the laws of the Commonwealth of Pennsylvania in the United States of America, without regard to conflict of law principles. Your access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the city of Philadelphia, Pennsylvania, and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to the use of this Site. However, PHOTOMISSION retains the right to bring legal proceedings in any jurisdiction where we believe that infringement of this Agreement is taking place or originating.

CONTACTING US.

If you have any questions regarding this Agreement you may contact us by mail at:

PHOTOMISSION, INC.
c/o Cozen O’Connor
1900 Market Street
Philadelphia, PA 19103
Attn: Camille M. Miller, Esquire