Site Usage Agreement
By using this site, uploading and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client`s behalf, to you and all your clients. 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 media listed under the di-gallery.com 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 Bevei 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 Bevei. 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 Bevei Holding Corporation (Suite 15, Oliaji Trade Centre, Victoria, Mahé, Seychelles), hereafter referred to as Bevei. All Media, audio and video material and related informational materials in any medium provided by Bevei hereunder, including related text, captions, or information (collectively referred to as Media) are owned by Bevei and by our Media providers (Contributors), members of our community. All Media is protected by international copyright laws.
Bevei may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Media, delete all Media and all copies from all media and destroy all other copies. Your use of this site and any Media shall comply with all applicable law. Bevei may restrict or remove your access to this site at any time, or restrict or remove the use of any Media for any reason, and may replace the Media with another Media, and you agree to immediately discontinue all use of the Media upon notification from Bevei.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Media may include historically and culturally important Media and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Bevei or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
Bevei 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 Media uploaded is entirely on the Contributor`s 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
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.
Contributors rights & obligations - non-exclusivity and exclusivity:
Bevei allows you the opportunity to work with us in one of three manners: contributors who upload Media which are available for sale with other stock agencies (NON-EXCLUSIVE CONTRIBUTORS), contributors that upload Media that are exclusively sold by Bevei (EXCLUSIVE IMAGES) and contributors that are solely represented by Bevei (EXCLUSIVE CONTRIBUTORS).
Contributors are required to keep at least seventy (70%) percent of their portfolio online with Bevei for a period of at least six (6) months. You may disable all files older than six months from the date of review at any time. You will be allowed to disable a total of thirty (30%) percent of your total Media submitted within the past six (6) months. Media that was disabled and then enabled again will be counted as new submissions, no matter of their original upload date.
Contributors shall receive a percentage (a Revenue Share) from each sale made by Bevei on their behalf as described in the paragraphs below. Considering the dynamic nature of the industry, Bevei and its distributors, affiliates, referrals etc. can represent the Contributors using different marketing techniques or models (such as credit based or subscription payment plans, third party distributors etc.). Contributor acknowledges and agrees that each of these varied marketing techniques and models may result in different net sale prices for the same image under each set of circumstances. The paragraphs below mention the minimum Revenue Share that is to be awarded to a Contributor from the net sale price collected for the Contributor`s image, unless otherwise mentioned in different areas of the site (such as the Alliances section or Sell your Media section). Revenue Shares are calculated based on net sales amounts after payment of referral fees, as described above. Notwithstanding the foregoing, provided Contributor is otherwise in compliance with the terms of this Agreement, Bevei will not seek repayment of any overpayments made to Contributor. No Contributor shall be entitled to receive payment, nor shall Bevei be liable for any such payment, unless and until the total amount of that Contributor's unpaid earnings exceeds One Hundred U.S. Dollars (US$100.00).
Contributors are not allowed to download their portfolio (partly or completely) , especially if this is performed in order to take advantage of any available discounts and bonuses provided by Bevei. Contributors who lost their own Media during a hardware failure are asked to contact support in order to receive a copy of their own files.
Non-exclusive contributors: A non-exclusive contributor is an artist who uploads Media that are also available for sale with other stock agencies. These contributors may upload their Media to Bevei while selling the same Media through other channels. Non-exclusive contributors shall receive 25-50% of the net sale price received by Bevei for the Media they have contributed to the site which are subsequently sold by Bevei.
Exclusive Media: A contributor may work with other agencies in addition to Bevei. However, the Media provided to Bevei and marked as being exclusive are sold only on Bevei. An exclusive image is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable an image as being different. Exclusive Media may only be sold through Bevei and may not be offered through other channels. Contributors shall receive 27.5%-55% of the net sale price received by Bevei for the exclusive Media they have contributed to the site which are subsequently sold by Bevei. A Contributor may remove the exclusivity rights to an image with thirty (30) days prior written notice to Bevei.
Exclusive contributors: An exclusive contributor is not represented by any other agency and will work solely with Bevei for selling their Media. Exclusive contributors may, however, sell their other artwork on a Contributor-to-client basis, under a work for hire contract, outside of this Agreement. Exclusive contributors shall receive sixty (60%) percent of the net sale price received by Bevei for the exclusive Media they have contributed to the site which are subsequently sold by Bevei, as well as a commission of $0.20 (twenty cents) for the first 100 submissions uploaded and accepted by Bevei. Once an exclusive contributor exceeds 100 approved submissions, the upload bonus is awarded for all approved files only if their downloads/image average is > 0.1. This means there should be a balance between uploads and downloads and an exclusive portfolio is expected to generate sales in order to continue receiving the upload bonus after the initial 100 approved files.
Bevei is under no obligation, however, to accept an exclusive contributor's submissions and acceptance of Media is at Bevei's sole discretion. Bevei may terminate an Exclusive Contributor's status at any time with no advance notice; an Exclusive Contributor may terminate their status as an Exclusive Contributor with thirty (30) days prior written notice to Bevei. If an Exclusive Contributor terminates this Agreement prior to the passage of six (6) months, Bevei reserves the right to recover all commission payments made to the Exclusive Contributor prior to the termination of Exclusive Contributor status. These payments include the upload bonus received after each accepted submission and the extra Revenue Share earned by exclusive contributors.
If a contributor breaks this Exclusivity Agreement, either for an exclusive image or as an exclusive contributor, Bevei reserves the right to invalidate and recover all earnings made by that Contributor through Bevei sales commencing with the date the exclusive image or Media or portfolio were made subject to the Exclusivity Agreement.
Bevei reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.