Terms and Conditions
Before using any of the RaceDayPic services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.
Description of Service
This Site is an online photo gallery which enables photographers to submit, showcase and sell their photographs.Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of RaceDayPic. RaceDayPic reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. RaceDayPic may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
Rights on the Pictures
By submitting content to the site you are granting RaceDayPic a worldwide, Non exclusive license to use the content and are representing and warranting to RaceDayPic That the content is owned or duly licensed by you, and that RaceDayPic is free to publish, distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party. In consideration of RaceDayPic's agreement to allow you to post Content to the Site and RaceDayPic’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with RaceDayPic as follows:
You acknowledge that:
You represent and warrant that:
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against RaceDayPic, all of which such rights are hereby expressly and irrevocably waived by you in favour of RaceDayPic.
Use of the Content and Grant of License
RaceDayPic will use your photos for the purpose of licensing your photos to customers in such formats as we may, from time to time make available to customers, including without limiting the generality of the foregoing, via electronic download and print. In connection with the foregoing, in addition to the licenses you grant to RaceDayPic elsewhere in these Terms, you grant to RaceDayPic a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, publish, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute copies of your photos.
Removal of Store Images
At any time you can remove your photos from the site. In addition, RaceDayPic may remove any photos that it believes to be in breach of the Terms.
Subject to the licenses granted to RaceDayPic in these Terms you retain ownership of your photos.
Payment of Fees upon Sale of Images
You will be paid fees (“Fees”) for the sale of photos in accordance with the RaceDayPic fee schedule. RaceDayPic reserves the right to change the fee schedule from time to time and at any time at its sole discretion. We will notify you of changes to the fee schedule by posting an announcement on the Site. You shall be responsible for reviewing any such changes. Your continued use of the site, including the continued posting of your photos in the site after a change in fees will signify your acceptance of the revised fee schedule. The fee schedule is available at: racedaypic.com/terms/fee_schedule.pdf.
In addition to the foregoing, the following terms and conditions shall apply to payment of Fees to you for your photos sold through the Store:
You may terminate your Store account at any time in your sole discretion. RaceDayPic may terminate your account at any time for any reason or no reason. All images remaining in your Store account will be removed by RaceDayPic upon termination of your store account.
RaceDayPic respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. RaceDayPic will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify RaceDayPic of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable RaceDayPic to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide RaceDayPic with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable RaceDayPic to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
RaceDayPic reserve the right to make changes to this Web site, this Agreement, and the other information contained in this Web site at any time and without notice. Please refer to these User Terms when you visit the site as they may change from time to time.