| 14.01.2002 | Home |
| Welcome to submit images or graphic compositions (you have a right on) to this Web site. This Service is fees free. The images and compositions submitted by you in accordance with this Author Agreement will be free for all visitors of this Web site subject to Terms Of Use for Free Images and Terms Of Use for Free Compositions. Instructions on how to submit are inside the body of the Author Agreement following below. You can use Upload form after you have read and agreed to the Author Agreement. | |
| This Author Agreement is a legal agreement between the software program MusicColor author Oleg Fedtchenko (Service Provider or SERVICE PROVIDER) and you (Author) about submitting your image (Image, Graphics or GRAPHICS) or graphic composition (Composition, Graphics or GRAPHICS). By submitting any Graphics in accordance with this Author Agreement you agree with all of the statements set forth in this Author Agreement. This Author Agreement supersedes any previous agreement between Service Provider and Author. | |
| 1. To submit your Graphics you and your Graphics must comply with all of the statements in this Author Agreement. | |
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2. You guarantee that you are an author of a Graphics you are submitting
or you have got a permission from an author of a Graphics to submit it to this Web site,
and no one else of those who participated in creation of this Graphics
objects your submitting this Graphics to this Web site. |
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| 3. You are responsible for any your expenditures concerning your submission to this site. | |
| 4. You agree that this Author Agreement can be changed at any time without your notification. You agree that you are responsible for noticing the fact of changes to this Author Agreement. | |
| 5. You are fully responsible for the content of your Graphics. | |
| 6. You agree that: (i) your Graphics does not violate any law or regulation (including without limitation those governing export control, unfair competition, antidiscrimination or false advertising); (ii) your Graphics does not contain any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity as herein defined; (iii) your Graphics does not use harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments; (iv) your Graphics is not harmful to minors; (v) your Graphics is not fraudulent or does not violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission); (vi) your Graphics does not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; (vii) your Graphics does not encourage or provide instructional activities about illegal activities, in particular hacking, cracking or phreaking; (viii) your Graphics does not solicit other users to join, become members of, or contribute money to any online service or other organization; (ix) you do not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) your Graphics does not constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (xi) your Graphics does not depict or mention in the form of words: arms of any kind (including, but not limited to, arm steel arms, firearms), explosives, ammunition, battle scenes or scenes of violation of any kind (including, but not limited to, violation against a human being or an enimal), liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that are misrepresented. For the purposes of this Author Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia. Servics Provider and his suppliers, at their sole and absolute discretion, shall determine whether your Graphics violates this provision. Your Graphics, links or email address may not refer any site or any other information source that contains or is associated with information or content prohibited by this section. | |
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7. Service Provider and his suppiers do not claim ownership of your Graphics. But by
submitting Graphics to this site, you: (a) agree that your Image may be treated as described in Terms Of Use for Free Images and your Composition - as described in Terms Of Use for Free Compositions; (b) grant Service Provider the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish this Graphics by all means and in any media now known or not currently known, solely for the purpose of displaying, distributing and promoting this Graphics and this Web site; (c) grant Service Provider's suppiers the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish this Graphics by all means and in any media now known or not currently known, solely for the purpose of displaying, distributing and promoting this Graphics. |
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| 8. To submit your Composition you should prepare it as described in section "Transferring compositions and files" of the MusicColor's help system. Only prepared Compositions (with extension .cmn) could be accepted. This statement does not relate to submitting images. | |
| 9. Usually your Graphics will be posted on this Web site within 48 hours, but no hard period is guaranteed. | |
| 10. You will be notified by e-mail on whether your Graphics is posted on this Web site or not. | |
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11. You agree that you may submit your Graphics until your traffic for
this operation exceeds 6 MBytes including traffic required for the submissions
that you are going to do. It means that the sum of all files size that you uploaded and that you are going to upload must not be more than 6 MBytes. Note: to reduce the size of your Graphics you can try to use JPEG or PNG files instead of bitmaps or create bitmap file with 256 colors palette. |
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| 12. Availability of higher traffic is under consideration. | |
| 13. You agree that Graphics submitted by you may not be posted on this Web site for any reason. Usually there is no such a reason if you do not violate or your Graphics does comply with any of the statements in this Author Agreement. | |
| 14. You Agree that Service Provider or his suppliers are not liable for inaccuracy of representing your information on this Web site. | |
| 15. DISCLAIMER OF WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER AND HIS SUPPLIERS DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, CONTINUITY OF YOUR GRAPHICS ACCESSIBILITY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. | |
| 16. Statements 6 and 7(c) of this Author Agreement shall be governed in all respects by the laws of the State of Washington. | |
| 17. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability set forth in this Author Agreement shall remain in effect. |