ACCESS AND USE OF THE SERVICE
Description: The Service is designed to allow certain users (each, a “Seller”) to upload photographs which they have taken (“Images”) and offer for sale and sell prints of the Images (“Physical Images”) to other users of the Service (“Buyers”) and other third parties. ALL sales of Physical Images are subject to Company’s then-current Image license agreement(s). In the event of any conflict between these Terms and any Image License Agreement entered into between you and us with respect to the sale of a license to any Physical Image, or any subsequent use thereof, the terms of the Image License Agreement shall govern. All “sales” refer to the sale of a print of an Image and not to the underlying copyright in any Image.
Purchase and Sale of Images by Users: Buyers may choose to purchase Physical Images that Sellers make available for sale. Sellers are responsible for their Images and obtaining all necessary rights to allow them to sell Physical Images via the Service. For example, before submitting an Image a Seller must obtain releases from the subjects in their Images, and any other required consents from intellectual property owners. Except as expressly set forth in the Image License Agreement between you and us with respect to the Images, Company cannot and does not control, endorse or guarantee the accuracy, integrity and quality of any Images. EXCEPT AS EXPRESSLY SET FORTH IN THE IMAGE LICENSE AGREEMENT BETWEEN YOU AND US WITH RESPECT TO DIGITAL IMAGES, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH IMAGES. Company’s only involvement in a transaction between Buyers and Sellers is to connect the Buyer and Seller via the Service, and facilitate the collection any payment of money as part of the transaction. Buyer and Seller must promptly provide Company with knowledge if either becomes aware of any claim or potential claim regarding any Digital Image, Reproduction, any use therof, or this Service.
Fees for Your Use of the Service: You acknowledge that Company reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Service.