Site: Company Internet-site Kava Images Content s.r.o. (http://www.RFclipart.com, RFclipart) which consists of the relevant hardware components, software, data base, Files, algorithms, interfaces, authorized users, and their data.
File: photography, vector image, or any other content on the Site.
User: authorized User of the Site (Consumer or Supplier).
Customer: any User of the Site who is capable to purchase the Files on the Site by various methods.
Supplier: private or legal entity being an author or owner of all rights for the Files (photography, vector images or other materials) which he supplies to the Site for purposes of demonstration, transfer or sale by the Customers.
2. Basic provisions
This Agreement regulates legal relations between the Supplier of the Files Kava Images Content s.r.o. referred to as the Site Operator. The Supplier assigns the Kava Images Content s.r.o. as an agent that distributes and licenses the Files both on exclusive and non-exclusive basis.
Upon acceptance of this Agreement, the Supplier may upload the Files for purposes of public access to the Site following terms and conditions of this Agreement upon each download of the Files.
This Agreement comes into effect at the time of account registration by the Supplier on the Site and acts to the extent of its Termination. If the Supplier does not accept terms and conditions mentioned above, he shall terminate this Agreement in accordance with the procedure mentioned below.
The Supplier is absolutely liable for each case of use of own login and password and, therefore, acknowledges that the Site accepts this login and password as solely identity of the Supplier and being an evidence that it is him who wants to download the File or make any action.
3. The Provisions on files
The Supplier periodically loads the Files to the Site in various formats using download tools interior or separately specified with the RFclipart. For its part, RFclipart makes a decision which submitted Files are appropriate for posting on the Site. In addition, both Parties agree that all Files downloaded by the Supplier comply with of the RFclipart.
4. Requirements for file downloads
By uploading Files to the Site, the Supplier approves and ensures that:
- the Supplier has all relevant copyrights and allied rights to this File;
- the File downloaded has never been used and will be never used by the Supplier for creating logotypes and authorized trademarks for his purposes and third parties;
- the represented object which may be the work of authorship is not itself, or the Supplier has all correspondent permits for creation and further use of this File; for commercial purposes;
- all Files containing images of people or private property shall have correspondent permits;
- If the Supplier is of interest of an entity, business or group of persons – he ensures that he has the correspondent documentation on copyrights and allied rights to this File, as well as the right to sell this File for purposes of commercial use.
5. Delegation of powers
The Supplier delegates the RFclipart as an agent issuing licenses for exclusive and non-exclusive Files of the Supplier to the third party – the Customers. The RFclipart and potential license owners have the right for reproduction, use, publication, republication, compression, shipping, arrangement, alteration, creation and sale of printouts or any copies created using another technology for purposes of demonstration, public show and distribution of the Files. In addition, following the conditions of this Agreement, the Supplier submits the right and guarantee of life-time, internationally widespread exclusive or non-exclusive, non-transferable (sub)license to the end-Users in full accordance with the conditions of the Standard and Extended licensed agreements of the Site.
The RFclipart has the right to use the Files within its own activity related to the license issuance for accepted Files and Site advertisement (including use of the Files, for advertising and marketing purposes, as well as for purposes of sale with the Site or use Services of third parties). Using accepted Files for above mentioned purposes, the Supplier has no reimbursement.
The RFclipart reserves the right to distribute the Files not only on the Site, but through the branches, business Partners and other third parties also (hereinafter referred to as "The Partners"). The RFclipart reserves the right to provide or transfer to the Partners, under separate agreements, certain rights, restrictions, obligations, and licenses referred to the Files. The RFclipart has the unconditional right to provide access for the Partners to the Files accepted on the Site using their own interface programs (API) or any other method accepted and approved by the RFclipart, until such an access violates the provisions of the Standard and Extended licensed agreements.
Regardless of the methods for the Files obtaining by the Partners or Customers and certain channels on which such Files become available to the Customers, fee-for-the Files sale is paid to the Supplier either in such an amount as with the direct purchase of the File on the Site or according to the individual rates which the RFclipart defines for each Partner separately, depending on price and conditions of the File supply to the Partner. In this case, the Supplier may be lower or higher than the official fees set on the Site for the Suppliers.
The RFclipart reserves the right to define the fee amount for the Supplier upon the sale of his Files thought the Partners sale. The fee may be the same for all Partners or varies for each certain Partner. The RFclipart defines the fee amount without any prior notices. Accepting this Agreement, the Supplier of the Files gives his consent to the RFclipart for controlling his fee amount upon the File sale through the Partners.
6. Intellectual property
The Supplier understands that the RFclipart permits to download any Files that constitute a violation of title to trademark, patent, copyright and other analogue titles.
The Supplier accepts and agrees that neither the RFclipart nor its directory, employees, officers, Partners, agents, branches take the responsibility for direct or indirect damages which have occurred as a result of intended or unintentional action, as a result of use or inability to use any Files provided on the Site.
7. Managing the Site
The RFclipart is not capable and does not control all downloads and any information exchange carried out using the Site and takes no responsibility for any such exchange.
The RFclipart has the right to move, remove, lock or edit any textual request or the File which may be referred to as violating this Agreement or the right to private or intellectual property, or will be accepted as such for any other reason. The Supplier agrees with seizure of any reimbursement which was paid for such Files. The RFclipart also has the right to correct mistakes and edit information in the Files of the Supplier at own discretion.
8. Confidential information
The RFclipart reserves the right to use confidential information of the Supplier, including any data, programs, Files, etc., in turn, providing its security in accordance with the Private Policy of the Site. At this, the Supplier takes the responsibility for all information which it provides to the RFclipart.
The Supplier recognizes that information obtained upon the acceptance of this Agreement and using the Site may contain confidential, private, valuable information of the RFclipart, and agrees that during the Term and after it has no right without decisive written permission of the RFclipart to disclose or use any part of Confidential information, excluding cases directly specified in this Agreement.
10. Representations and warranties
By accepting conditions of this Agreement, the Supplier represents and warrants the following:
- Files and its forwarding information violate no copyrights, rights to the property, and other allied rights of third parties.
- The Supplier is the author or the owner of any rights to Files (photography, vector images, video clips, and other materials) which he/she provides into the Site for purposes of demonstration, transfer or sale to the Customers and is capable to submit all licensing rights to these Files;
- No part of the Files loaded on the Site contains any mechanism or protection tools which prevents its use or copy by these methods accepted within this Agreement.
- Files contain full, satisfactory and necessary forwarding information to perform its effective sale through the Site; such forwarding information is full and clear, contains no false, unacceptable or contradictory meta-data;
- Files provided to the Site are original product;
- provided Files contain no malicious program code, virus, «internet worms», «Trojan horses», and being no part of dos-system, contain no other mechanisms or devices intended or used for purposes of removal, modification, failure, breakdown of the Site or equipment, computer systems, or in other ways influencing availability or deterioration of availability of the Files or the Site;
The Supplier represents and warrants that he:
- licenses no provided Files by other methods (excluding periodical licensing under the law for creative purposes);
- licenses no Files being the property of several authors (except cases when a group of authors worked with the File) if, at this, he has no forwarding permissive documentation for publication and distribution of these Files.
Payments to the Supplier (fee) are calculated as follows:
|File price||Royalty (Fee)||License|
Payments to the Supplier are calculated on the basis of price paid for the File, but not standard price. If the Supplier has a discount to purchase the File, all payments for such a purchase shall be calculated on basis of the value paid by the Customer in respect to the discount, but not base value of the File. Percentage of payments to the Supplier remains unchanged, but is calculated in respect to lower price that leads to lower amount of payments to the Supplier.
Upon sale of the Files of the Supplier through the Partners of the RFclipart , the amount of payments may be both standard (depending on the level of the Supplier) and individual (the RFclipart defines for each certain Partner separately).
Royalty payment is made automatically, starting from the 10th to 20th of the month, following the reporting month, provided that the minimum required for payment (currently the minimum amount to be paid is $50) is achieved.
For example, if on last day of the current month your earnings amount to more than $50, the payment will be made in the middle of next month automatically. If you have already specified the details for payment, no further action on your part is required.
Payments are made on weekdays on your specified account on PayPal or Skrill in the U.S. dollars. Other methods of payment are not available at the moment.
Participants of the referral program to attract contributors will receive payment in accordance with any currently applicable tariffs and terms of the referral program. In case of a refund to the buyer for any reason, referral royalty for this sale will be canceled and deducted from the referral's earnings.
Your referrals are considered only those users that are identified by the system as referrals, who followed the link with your ID, included in the list of referrals on the RFclipart website and available to search, having the "active" status.
12. The termination of the Agreement and its consequences
This Agreement is applicable till its Termination. The Supplier has the right and possibility to terminate the current Agreement at any time. For this, he shall send the notice using the Feedback Form 30 (thirty) days prior the Termination.
On its pat, the RFclipart also may terminate the Agreement at any time and for any reason. The Termination of the Agreement is occurred after blocking the Supplier’s account saving all history.
In case of the Termination, the RFclipart terminates the cooperation as follows:
- Files of the Supplier accepted by the Site shall be withdrawn from the search engine of the Site within 30 (thirty) working days from the date of the Termination (saving all history);
- Regardless the fact of the Termination, the RFclipart has the right and capable to issue licenses for the accepted Files directly to the time of their withdrawal from the search engine of the Site;
- In case if the Supplier is suspected in any frauds, the RFclipart terminates the Agreement and defaults on payment of fees to the Supplier for licenses issued to the Customer, and all funds on the balance are taken.
13. Limitation of liability
The Supplier understands and incurs responsibility and risk arising out after any use of the Site.
The RFclipart, as well as its employees, directory, Partners, agents take no responsibility for defects of whatever nature or closedown of the Site that may lead to a loss of business information, profits or any other financial loss on the part of the Supplier or Customers.
In any case, due to the use of the Site in general or any parts and resources in any way, the total aggregate liability of the RFclipart shall be limited to the reimbursement amount which the RFclipart obtained for the Files being the subject of the claim, however, no material part of such reimbursement shall extend the equivalent $100 US.
14. Applicable law
The site is regulated, managed and controlled by the Kava Images Content s.r.o. from the Czech Republic. The Site is available for the use in any county of the world. Since all regulatory structures of the countries have own laws and secondary legislation which may differ from the laws on the territory of the Czech Republic, when entering the Site, the Supplier agrees with that this Agreement is under the law of the Czech Republic. The Agreement does not fall under the jurisdiction of the UN Convention under the Agreement on international trade.
For all matters related to the provisions of this Agreement, the Supplier may consult with the RFclipart using contact information specified on the page Contacts.
UPON ACCEPTANCE OF THIS AGREEMENT, THE SUPPLIER ACCEPTS THAT he READS, UNDERSTANDS IT, AND IS ALSO CAPABLE TO USE AN INDEPENDENT LEGAL COUNSIL AFTER IT. ACCORDING TO THE CONSENT OF THE RFclipart TO BE A REPRESENTATIVE OF THE EXCLUSIVE OR NON-EXCLUSIVE FILES OF THE SUPPLIER, TO SUBMIT AND PROVIDE MEANS FOR SALE AND LICENS EISSUANCE ON IT, THE SUPPLIER CONSENTS WITH TERMS AND CONDITIONS OF THIS AGREEMENT. THE SUPPLIER ALSO CONSENTS THAT THIS AGREEMENT IS ENTIRE AND FULL AGREEMENT BETWEEN HIM AND THE RFclipart BEING THE SUBSTITUTION OF ANY PREVIOUS AGREEMENT OR PROPOSAL, WRITTEN OR ORAL, OR ANY OTHER NEGOTIATIONS BETWEEN THE RFclipart AND THE SUPPLIER THAT WOULD BE RELATED TO THE SUBJECT OF THIS AGREEMENT.