Membership Agreement

The following is a legal agreement between the owner of the web site located at www.artfile.biz legally represented and operated by E-COMPANY spol. s r.o. (the “Site”) and the member (“You”) legally represented by the person or the company gaining a member’s account on the Site. By selecting the check box at the end of the agreement you accept this agreement, and agree to be bound by its provisions. If you do not agree to accept this agreement, you should not access or use the member?s part of the Site. Please make sure that you read and understand all terms and conditions of the agreement.

1. As a member you are eligible to:

a) manage your account information;

b) buy and/or sell the items of the Site content (“artfiles”);

c) manage with credits bought or earned on the Site;

d) upload, download and to manage artfiles;

e) create and to edit information related to artfiles;

f) communicate with other members on the Site forum.

2. You agree to:

a) provide accurate, actual and complete information about you in registration form during the registration;

b) maintain and promptly update the information in “My Account” section of the Site;

c) maintain the security of your account (i.e. keep your password in secret) and immediately notify the management of the Site of any unauthorized use of your account or other breach of security;

d) accept full responsibility for all activities that occur under your account;

e) accept all risks of unauthorized access to your account.

3. The credit is an internal money unit of the Site. Credits can be purchased using the “Buy Credits” page within the member’s part of the Site. Credits can be paid online with PayPal or Moneybookers money transfer systems. The price of credits is specified on the “Buy Credits” page. By approving the purchase of credits, you authorize the Site to charge your PayPal or Moneybookers account, for the total amount of the purchase.

4. To be eligible to download any artfile from the Site you should pay a price calculated in credits, unless the artfile is available for free.

5. To be eligible to upload and to sell your artfiles on the Site you agree to provide the scan of your personal identification document (i.e. identity card or passport) to proof your legal ability.

6. You supposed to be a copyright-holder of all the artfiles, which you upload to the Site. You confirm the statement that you are a copyright-holder of the uploaded artfile when select the corresponding check box on the artfile’s tags edit page. Are there any recognizable people in the uploaded artfile, you will upload the scan of a model release related to the artfile. You agree to indemnify the owner of the Site and the members of the Site against each loss, liability and cost arising out of any claim of infringement of any intellectual property rights and/or moral rights, arising as a result of or in connection with the provision or use of the artfile by another member of the Site.

7. By uploading an artfile to the Site you provide a non-exclusive, transferable worldwide licence for undefinite period of time to display, to promote, and to sell the uploaded artfile on the Site. Thus you allow the Site to sub-licence the artfile to other members for a potential download.

8. You are free to set up the price of each artfile individually in the certain measure, which is set up by the management of the Site. You agree with the price of 1 credit for any of your artfile, while the artfile is pending into the “Reception Bin” section of the Site.

9. You may earn from 50% to 75% of the artfile price per download. The earning share will depend on your rating, which is set up by the management of the Site. Your commercial success on the Site has a positive influence on your rating.

10. You can convert earned credits into Euros and withdraw the earnings via PayPal or Moneybookers as soon as the earning amount exceed € 50 EUR.

11. You agree that you will not use the Site for any illegal purpose or for purpose of the following:

a) Upload and/or distribute files that contain material protected by copyrights, rights of privacy, intellectual property laws or by confidentiality unless you are eligible to control all these rights;

b) Upload, post, and/or distribute any illegal, infringing, defamatory or obscene information;

c) Upload and/or distribute files that contain viruses or other malicious codes;

d) Promote, advertise or offer to sell any goods or services except of your artfiles uploaded to the Site according to terms and conditions of this agreement;

12. This agreement is valid until it is terminated. You can terminate this agreement without notice by deleting your member’s account on the Site. The owner of the Site can terminate this agreement without notice with immediate effect and terminate the member’s account without refund, if at any time you breach any of its terms.

13. The Site reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. In the case when changes are made to this agreement an announcement will be send to your e-mail address. In case You do not agree with the changes You can terminate this agreement in accordance with the paragraph 12.

14. In case you breach any of the provisons of this agreement you are obliged to pay the owner of the Site a contractual penalty in the amount of € 100 EUR . The payment of the contractual penalty does not prejudice any rights of the owner of the Site or third parties for compensation of damages. This provision remains in full force and effect even after the termination of this agreement.

15. This agreement shall be governed by the Czech laws.

16. If you have any questions relating to this agreement, please contact the Site at info@artfile.biz