This Author Agreement (hereinafter referred to as the “Author Agreement”) protects the rights of the Authors and provides terms and conditions for the Member to complete the Author membership registration and submit the Content in the JVID. Moreover, this Author Agreement also stipulates the terms and conditions of selling the Content to consumers.
Article 1 Definitions
As used herein, the Content categorized into photographs or illustrations (including vector images) shall be referred to as the “Images”, the Content categorized into videos or moving images shall be referred to as the “Footage”.
Article 2 Author Member
- Once You complete the registration, it means you already acknowledge, understand and agree with the Author Agreement and become the Author Member of JVID. Then you can upload or submit the Content which you have the copyrights.
- You agree with authorize the rights to JVID as follows:
- Authorization period: Permanent.
- Authorization scope: Global.
- Authorization domain: No limit.
- License: Exclusive license.
- Authorization usage: to use, reproduce, distribute, sell, advertise, transmit, make available for transmission, or exhibit, and create derivative works based on, or otherwise use your Content, as well as the information such as keywords, titles and the like that is submitted by your incidentally to the Content (hereinafter referred to as the “Related Information”), and also to grant to any third party (including any person or party who is granted right to use the Content by such third party) the right to use the Content.
- Once you upload your Content and the Related Information to JVID, you shall be deemed to have agreed with that the Content and the Related Information shall be used pursuant to the foregoing terms. Furthermore, you shall agree with that all the related data, whether with or without watermark, may be provided for free to the prospective purchaser of the Content for testing prior to the purchase.
- Even after JVID grants a license, copyright or any other rights in or to the Content shall remain with or belong to you or copyright owner of the Content without transfer to the Member who has purchased the Content.
- You shall agree with that JVID shall not be required to distribute all the Content you submit.
- You shall, according to JVID’s requests, repair or cure the physical defect, obstacle or any other error found in the Content to the extent possible. If you are not able to do so or fails to do so, or the defect, obstacle or error is minor, you shall agree with that JVID may repair or cure the same at its own discretion.
- You shall not make a profit in JVID by purchasing or having any third party purchasing your Contents. In case JVID finds out the foregoing issue happens, JVID shall have the right to ban your member account or Content, and all your Royalty will be forfeited.
Article 3 Author Member’s Warranties
In case any claim, dispute, complaint of infringement, or request for compensation for damages incidental thereto from any third party, arises out of or in relation to the Content or the Related Information, you shall be solely liable to deal with the same at your own expense, and warrants and agrees to keep JVID harmless against any and all liability and damage caused by such claim, dispute, complaint and request for compensation for damages.
In case such claim, dispute, complaint, or request for compensation for damages are made against JVID and JVID incurs certain damage therefrom, you shall indemnify for any and all the expenses incurred by JVID including reasonable attorney’s fees.
- You shall warrant that any and all the Content and the related Information which you submit and upload to JVID are produced by yourself, and the copyright thereof fully belongs to you, or that you legally obtain in writing all the necessary licenses from the legitimate licensor thereof. You shall also warrant that you have a full and legitimate right to grant or permit all the rights as set forth in Article 1 of the Author Agreement to JVID, purchasers or customers of JVID, and users of the Content and so forth.
- If the Content and the related Information which you submit and upload to JVID include the portrait right or public performance right of third parties, you shall legally obtain in writing all the necessary licenses from the legitimate licensor thereof. Otherwise, JVID has the right to refuse your submit or upload. Moreover, JVID may take further action against you.
- You shall warrant that any and all the related Information, including but not limited to, captions, keywords, and titles, that you submit or upload to the Service is true and accurate.
- You shall warrant that you legally obtain in writing appropriate permission or release of legitimate right holders, representatives, or licensors pertaining to any and all the rights existing in the Content uploaded by the Author Member to the Service including but not limited to portrait right, right of publicity, trademark right, copyright (including the neighboring rights), related to the models and subjects of the Content, or any other rights of other third party, and that your Content does not infringe any of such rights of the third party. In case where you upload Content in which any recognizable person is reflected, you shall submit to JVID the model release for all such persons, and the model release to be used shall be the form provided by JVID in the Service or any other valid model release which has substantially equivalent contents as JVID’s form.
- You shall warrant that the Content submitted and uploaded by you have been legally produced in accordance with any and all applicable laws.
- The Content without such necessary permission of the rights as stipulated in the above paragraph 1 or 3 of this Article 2, the related Information that is not true or accurate or that is inappropriate including, but not limited to, unauthorized use of any other party’s name etc., and the Content falling under any one of the followings shall be deemed inappropriate, and JVID reserves the right to delete or change the same at its own discretion. You shall not provide such inappropriate Content to JVID.
Followings are examples of inappropriate Content.
- The Content which includes graphic descriptions of obscenities or violence or which are against public policy and good morals.
- The Content in which trademarks, logos, brands, characters, pictures, posters, advertisements, CDs, DVDs, books and so forth are included as the Content's main subject or are recognizable.
- The Content in which artworks including but not limited to paintings and sculptures under the copyright protection are included.
- The Content in which the identity of any individual can be recognized and for which appropriate model release has not been obtained.
- The Content which includes inappropriate alteration or addition of inappropriate symbols or text or any such inappropriate element for sale in the Service.
- Any other Content which JVID considers to be inappropriate for sale in the Service.
Article 4 Reward of Royalties
- JVID will pay the reward of royalties to you that the Content has been sold royalties on each sale based on the Royalty Rate designated by JVID. If any taxes including withholding tax to be imposed under applicable laws shall be deducted. You agree with that depending on the payment method, conversion fee may be required and deducted from the amount to be paid to you.
- JVID may use the Content freely at JVID\’s own discretion for the purpose of notification, promotion or advertisement related to the services operated by JVID including the Service and/or JVID without any compensation payable to you.
- When the reward reaches the minimum amount for conversion designated by JVID, you may apply for the conversion reward, which shall be made on or before the last day of the second month following the month of such application.
- information for payment and information required for payment of withholding tax. In case payment procedure by JVID is not completed due to an insufficiency of notified information, the said application for conversion may be canceled. You shall not assert any claim about the foregoing issue to JVID.
- Even if the Content is sold, royalties payable to you may be canceled in the following cases:
- that the purchaser requests for Return etc. due to any defect or obstacle found in the Content.
- that any inappropriate settlement such as duplicated purchase occurs due to temporary server error or line failure.
- that JVID considers any purchase amount uncollectible due to the purchaser’s insolvency or any improper transaction conducted.
- that JVID considers any transaction improper or not payable due to the Author Member’s breach of the Author Agreement or other reasons.
Article 5 Measure to be Taken in the Event of Deletion of Content
If you desire to delete any of your registered Content from the Service, you shall take deleting procedure designated by JVID. However, you cannot ask to delete the Content which has been sold. Moreover, you agree to authorize JVID and purchaser of your Content to use your Content continually.
Article 6 Confidentiality
JVID may discretionally disclose to the Author Member information or know-how in relation to the stock content production that JVID has originally developed. If you are disclosed such information, you shall keep the same strictly private and confidential, and agrees that he or she shall use the information only for the Service and shall not use the same for any purpose other than that required for the Service.
Article 7 Disclaimer