And now for the legal mumbo-jumbo...
1. Acceptance
Yaperture provides its website and services based on the following Terms and Conditions (“Terms”) and reserves the right to update these Terms from time to time without notice by posting the new Terms on this website. By continuing to use Yaperture, you agree to be bound by these Terms and Conditions.
2. Users
- Yaperture is intended for users 18 and older. If you are under the age of 18, but older than 13, you may use the site if under the supervision of a parent or guardian. This site is not intended for users under the age of 13.
- Upon registering with Yaperture, you are required to provide an up to date email address (see our Privacy Policy) and update this information whenever necessary. You may not provide us with false information or impersonate any person or entity.
User Conduct
You agree not to:
- Upload any images/texts or other material that are unlawful, obscene, pornographic, harmful, indecent, inflammatory, libelous, tortuous, hateful, or invasive of another’s rights.
- Upload/post any misleading or false information
- Impersonate another person or entity
- Upload, download, or post any images/text that infringe on any copyright, trademark, patent, or any other intellectual property. You also warrant that you have the lawful right to distribute such images/text and the images/text complies with all federal and local law.
- Upload/post any unsolicited advertising
- Upload/post any image/text that encourages a criminal offense or violates another party's rights
- Interfere with the operation/security and/or tamper with non public areas of the site
- Disrupt other user’s enjoyment of the site.
Yaperture retains the right to remove any images/text from the site that is in violation of these Terms. However, it is the User’s responsibility to report anything that may be in violation of these Terms by contacting us here. The appearance of any image/text on the Yaperture site does not imply Yaperture's approval.
You acknowledge that you cannot rely on the information submitted to Yaperture and that Yaperture makes no representation and gives no warranty as to the accuracy of any of the information that is placed on the site. You are required to make your own enquiries regarding the accuracy of the information on the site. You also warrant that all the information you place on the site is complete, accurate. If you chose to upload any image/text you warrant that you have the lawful right to upload those images/texts to Yaperture.
You agree that you use any products from this site lawfully and will not reproduce any of the images on Yaperture without our express written consent.
4. Intellectual Property and Proprietary Rights
You acknowledge and agree that any image/text on this site is protected by copyrights, trademarks, and other proprietary rights and laws. You may not distribute, copy, or reproduce any of the images on Yaperture without our written authorization.
5. Selling Photographs
You maintain the copyright on any photograph you lawfully upload to Yaperture. Once your photo is accepted to Yaperture’s front page and put for sale, you agree to give Yaperture:
- The right to print, mat, and distribute your photograph to the Yaperture Community
- Sole distribution rights to Yaperture for a period of 90 days.
If the photo needs to be cropped before the sale, Yaperture will contact you for approval beforehand.
Yaperture will pay you $5/photo sold and the total will be paid to you within 30 days from the last day your photograph is for sale. You agree that you will not be owed any additional compensation from Yaperture for the sale of these photographs. Yaperture will treat the artists as independent contractors and therefore will not withhold any income taxes. You are therefore responsible and agree to report/pay any income taxes as a result of commission paid to you by Yaperture.
From time to time, Yaperture may wish to create a special edition or a reprint of certain photographs. If your photo is chosen for such occasions, we will contact you via email and require your consent.
If you believe that your content has been copied in a way that constitutes copyright/trademark infringement, please contact us here.
5. Warranty of Ownership
You must have the legal right to upload/post any images/text on this site. This means, you represent and warrant that (i) you are the owner of any image uploaded, (ii) you have the legal authority to enter into this agreement, (iii) there are no third party claims against images you post, (iv) the images do not infringe on the rights of any third party, (v) the image is not defamatory or obscene, (vi) The image does not contain material which denigrates or attacks any person based on Race, Religion, National Origin, Sexual Orientation, etc, (vii) Yaperture may legally print and sell the images without infringing on the rights of any third party or without the obligation to make any payments or obtain permission from any third party.
Because you are solely responsible for the content you post, you agree to defend, indemnify and hold Yaperture (including its officers, employees, and shareholders) harmless from all judgments, awards, losses, liabilities, costs and expenses, including, but not limited to, reasonable attorney’s fees, expert witness fees, and costs of litigation arising out f (i) images/text you submit to the site, (ii) your use of the site, (iii) your connection to the site, (iv) your violation of these Terms, and (v) your violation of any rights of a third party.
6. Resale
You agree not to copy, reproduce, or resell any products from this site without Yaperture's express written consent.
7. General
If Yaperture fails to act on a violation of these Terms, it does not void our right to act with respect to subsequent or similar violations. If any of these Terms is illegal or unenforceable, that Term will be considered amended in order to achieve as nearly as possible the same economic effect as the original Term. These Terms and Conditions supersede all other communications with Yaperture. For more information, please contact us here.