Terms of Reference

GlamourShotz.com (hereafter referred to as the Agent)
Models / Showcase Models (hereafter referred to as the Seller)
Visitors / Image Purchasers (hereafter referred to as the Buyer)

Site Usage Agreement

By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to all parties involved in the site activity (Agent, Buyer & Seller) we reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any images listed under the Agents domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. Where the Agent has provided you with a translation of the English language version of the page or site's functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with the Agent. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.

Use of this site

This site is owned and operated by GlamourShotz.com whom serves as Agents for the sellers subscribed to this site. All images and related informational materials in any medium provided by the Agent hereunder, including related text, captions, or information (collectively referred to as Images or downloads) are owned by the Seller who owns the copyright to the images. The seller gives the Agent full authority to sell the submitted images. All Images are protected by laws and the Buyer only has permission to use for their own personal use the image downloaded and no copying or redistribution of the image is permitted either for personal or financial gain.

The Agent may immediately revoke all access rights granted to you without notice if you fail to comply with any provision of this agreement. If access is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law. The Agent may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from the Agent.

The Agent makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. While the responsibility for the images uploaded is entirely on the Sellers side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

Children

Whilst this site does NOT contain any Sexually Explicit or Pornographic Material, Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Registering on the Site

By registering on the site you agree to provide complete, true and accurate information. The Agent reserves sole discretion over whether to grant you access, and you agree to access the authorized sections of the web site only by using the login details provided by the Agent.

You are responsible for maintaining the confidentiality of your login username and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify the Agent of any unauthorized access or need to update or remove access for anyone. You shall be liable for payment for all Images downloaded by others using your login, with or without your permission or knowledge prior to the time that you notify the Agent of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any of the Agents accounts or web site or related services.

At anytime, you may request your access to be restricted, but the Agent reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site's services or products, can be permanently deleted.

You can download images using the Buy Now button or Cart options all transactions are secure and available through all major Credit / Debit Cards and PayPal, once payment has been confirmed the download button for your selected images will be active and full size / version of thumbnail images will be provided.

None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party.
Unauthorized Use

Without limitation, Images may not be used as a trademark or service mark, for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle the Seller to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of the Sellers rights or remedies in connection with any unauthorized use.
Sellers
Sellers represented on this site by the Agent are predominately but not restricted to photographic models both professional and amateur. The Seller has appointed the Agent for the purpose of selling their images for remuneration. The Seller accepts full responsibility in relation to submitted images that they are either their own representative images or they have the express permission of the other party to act on their behalf. Copyright of all images remains the responsibility of the Seller, by way of the seller submitting images to the Agent for sale the Seller is accepting full responsibility for the images and confirming that they either hold full copyright rights over the image or in possession to the appropriate declaimer / waiver in relation to copyright. 
In the event that a dispute arises with the Agent from any third party in relation to copyright the Seller will without dispute or delay provide the agent with the necessary documentation in relation to their copyright ownership. The Seller further agrees to indemnify the Agent in relation to any copyright disputes and sole responsibility remains with the Seller.

Trademarks

The trademarks, services and logos used and displayed in GlamourShotz.com are registered and unregistered trademarks of GlamourShotz.com its subsidiaries and affiliates. GlamourShotz.com trademarks may only be used publicly with the permission of GlamourShotz.com. with proper acknowledgement. Except as expressly granted GlamourShotz.com. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information. 
Indemnification

You agree to indemnify, defend, and hold harmless the Agent against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

Disclaimers

THE AGENT PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS AND WHEN REQUIRED BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER THE AGENT NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL THE AGENT OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.

Copyright

The Seller acknowledges that the Agent prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at GlamourShotz.com.

By uploading his/her Image (s), the Seller is warranting that he/she owns all proprietary rights, including copyright, in and to the Image. The Seller acknowledges that he/she will provide accurate information at anytime when requested to do so by the Agent whilst file is hosted by the Agent. The Agent reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate information.

The Seller hereby grants the Agent non-exclusive permission to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants the Agent and its representatives the right to re-sell the Image to their customers in accordance with the terms and conditions set our herein.

The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the Seller, unless otherwise mentioned by separate license agreement. The Seller acknowledges that no monetary or financial compensation is owing or required to be paid to the Seller by the Agent or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Seller. While the Agent acknowledges that its policy is to provide the Seller with certain percentage payments whenever an Image uploaded by the Seller is downloaded by a Buyer, the parties agree that The Agent may amend such policy from time to time, as reasonable business objectives may require. Currently, each Seller may request to be paid for his/her balance at anytime, the Agent will on all occasions pay all Sellers on a four weekly basis (in arrears) via BACS or PayPal or as agreed otherwise with the Seller any request by the Seller to be paid outside of the Agents terms must be done in writing and agreed by both parties.

The Agent is entitled to carefully analyze all details and logs of the Seller and his/her downloads/sales on the website. If any suspicion exists, the Agent has the right to delay the payment request until all details are cleared or to refuse the payment.

The Seller agrees that neither the Agent nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. The Seller further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image.

Notification of copyright infringement

The Agent may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Agents site, send the Agent a notice containing: 
a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; 
a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; 
a description of where the material that you claim is infringing is located on the Agents site; 
information sufficient to permit the Agent to contact you, such as your physical address, telephone number, and email address; 
a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; 
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. 
No Waiver / Severability

No action of the Agent, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.