Lasted Updated: November 7th, 2010
Welcome to FindStringers. By using FindStringers (including FindStringers.com, VeriCorderTechnology.com and its related sites, services and tools), you agree to the following terms with VeriCorder Technology Inc.
This Agreement is effective on Nov 7, 2010, for current users, and upon acceptance for new users. The previous amendment to this User Agreement was effective for all users on September 29, 2009.
FindStringers is owned wholly by VeriCorder Technology Inc., based in British Columbia, Canada. Any legal disputes arising from use of site by freelance members will be resolved in the courts of British Columbia, Canada, and under the laws of British Columbia, Canada.
All content posted for sale on the FindStringers’ website is considered the property of the artist, and the artist shall maintain copyright. It is the responsibility of the artist to verify the accuracy and the editorial integrity of the media content submitted.
FindStringers is a site dedicated to finding work and selling content on behalf of freelance journalists. The site is ONLY intended for posting editorial content, and only Rights Managed content is sold. (What is Rights Management?)
Reporters are not required to get model signatures for content posted to the site. However, this also means that no content should be posted that does require model release signatures. Photos, images, video and other media content may only be posted if is taken in an editorial context; in other words, for the fair and accurate reportage of an event or issue.
FindStringers agrees to pay the Artist 70 per cent of the sale price of an item sold on the FindStringers Media Marketplace or Auction Block. FindStringers and parent company VeriCorder Technology are entitled to retain a commission of not less than 30 per cent.
“Artist” means the person or company which created and/or holds the rights to Licensed Material, and has released said Licensed Material to VERICORDER/FindStringers, to sell that Licensed Material to a Licensee or Purchaser.
"Licensed Material" means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files, or any other product protected by copyright, trademark, patent or other intellectual property rights, which is licensed to Licensee by VERICORDER/FindStringers and by the Artist under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material as a whole.
"Licensee" means the entity purchasing a license hereunder or, if there is a separate Purchaser, the entity specifically designated as Licensee during the purchase process and set forth as such in the Invoice.
"Licensee Work" means an end product or service that has been created by or on behalf of Licensee using independent skill and effort and that incorporates a Reproduction of the Licensed Material as well as other material.
"Purchaser" means an entity purchasing the license hereunder on behalf of a third-party Licensee.
"Reproduction" and "Reproduce" mean any form of copying or publication of the whole or a part of any Licensed Material, via any medium and by whatever means, the distortion, alteration, cropping or manipulation of the whole or any part of the Licensed Material, and the creation of any derivative work from, or that incorporates, the Licensed Material.
"Rights and Restrictions" means the information available to Licensee at the time of Licensed Material selection, either: (i) accompanying the Licensed Material on the VERICORDER/FindStringers' website (including all areas of the purchase process); (ii) in a written quote issued by VERICORDER/FindStringers; or (iii) in the editorial feed (if so delivered), and as might also be reflected in the Invoice. Such restrictions may include, without limitation, the permitted scope of use, duration of license, any territory or other use restrictions applicable to the Licensed Material selected, and the corresponding price for the license of such Licensed Material ("License Fee"). The Rights and Restrictions shall be incorporated into this Agreement and all references to the Agreement shall include the Rights and Restrictions.
“FindStringers” is a wholly owned Division of VERICORDER Technology Inc. Where VERICORDER or FindStringers is referenced in this document, it is understood the terms of this agreement apply to both FindStringers and to VERICORDER Technology Inc. as the owner and administrator of the FindStringers’ service.
The Artist acknowledges that VeriCorder/FindStringers 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 www.FindStringers.com.
By uploading his/her Image, the Artist is warranting that he/she owns all proprietary rights, including copyright, in and to the Image.The Artist acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on VeriCorder/FindStringers's servers. VeriCorder/FindStringers reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
The Artist hereby grants VeriCorder/FindStringers a non-exclusive license 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 VeriCorder/FindStringers and its representatives the right to sublicense the Image to their customers in accordance with the terms of the Rights-Managed and Rights-Ready Image and Footage License Agreement, a copy of which the Artist acknowledges reviewing and agreeing to.
The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the Artist, unless otherwise mentioned by the license agreement. The Artist acknowledges that no monetary or financial compensation is owing or required to be paid to the Artist by VeriCorder/FindStringers or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Artist. While VeriCorder/FindStringers acknowledges that its policy is to provide the Artist with certain payments whenever an Image uploaded by the Artist is downloaded, the parties agree that VeriCorder/FindStringers may amend such policy from time to time, as reasonable business objectives may require.
Currently, each Artist may request to be paid for his/her balance on VeriCorder/FindStringers.com and VeriCorder/FindStringers is obligated to pay via check or similar means, once the balance has reached $100 and the Artist has submitted a payment request via website.
VeriCorder/FindStringers is entitled to carefully analyze all details and logs of the Artist and his/her downloads/sales on the website. If any suspicion exists, VeriCorder/FindStringers.com has the right to delay the payment request until all details are cleared or to refuse the payment.
The Artist is entitled to disable file(s) from his portfolio by using the appropriate section of VeriCorder/FindStringers.com (Management area/Online files).
Should the Artist enter an agreement with VeriCorder/FindStringers which provides exclusive rights to the Licensee or Purchaser, the Artist bounds himself to disable the image from all other sites according to the specific terms of the agreement.
The Artist agrees that neither VeriCorder/FindStringers.com 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 Artist further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image.
Notification of Copyright Infringement
VeriCorder/FindStringers 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 VeriCorder/FindStringers's site, send VeriCorder/FindStringers a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) 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; (iii) a description of where the material that you claim is infringing is located on the VeriCorder/FindStringers site; (iv) information sufficient to permit VeriCorder/FindStringers to contact you, such as your physical address, telephone number, and email address; (v) 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; and (vii) 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.
While using FindStringers sites, services and tools, you will not:
FindStringers and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
FindStringers's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-FindStringers transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue FindStringers sites, services or tools.
Buyers and sellers share the responsibility for making sure purchases facilitated by FindStringers are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the FindStringers Buyer Protection Policy with respect to claims. FindStringers Buyer Protection covers only claims filed in accordance with the FindStringers Buyer Protection Policy, not claims filed with PayPal. We may suspend the FindStringers Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.
We require FindStringers sellers to comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with FindStringers under the FindStringers Buyer Protection Policy. If we resolve a dispute in the buyer's favor, we will refund the buyer for the full cost of the item (including any applicable sales taxes)and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. Without limiting the foregoing, sellers may not have to pay a reimbursement for an FindStringers claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the FindStringers Buyer Protection Policy. In addition:
Changing a reimbursement method will not affect FindStringers's use of a payment method on file for other purposes (such as payment of your FindStringers fees). If sellers do not provide FindStringers with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous FindStringers Buyer Protection refund or reimbursement.
To protect against the risk of liability, FindStringers has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of an FindStringers Buyer Protection claim. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.
Fees and Services
Joining FindStringers and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the FindStringers site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including FindStringers users). You may use catalog content solely in connection with your FindStringers listings during the time your listings are on FindStringers's sites.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all FindStringers policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability
You will not hold FindStringers responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.
We do not transfer legal ownership of items from the seller to the buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the FindStringers Buyer Protection Policy up to the full cost of the item (including any applicable sales tax) and its original shipping costs, (b) the total fees (under FindStringers Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $100.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to FindStringers by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand-written permission.
Additionally, you agree that you will not:
By listing an item on FindStringers’s sites, you agree to pay FindStringers’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on FindStringers’s sites, your listing will be posted on FindStringers’s sites and can be viewed in your account page. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so FindStringers can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in FindStringers’s Help Pages.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on FindStringers's national registered agent (in the case of FindStringers) or to the email address you provide to FindStringers during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
If a dispute arises between you and FindStringers, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and FindStringers agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Each of these policies may be changed from time to time. Changes take effect when we post them on the FindStringers site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
FindStringers and VeriCorder Technology Inc. are located at Suite 104-1658 Commerce Avenue Kelowna, BC, Canada V1X 8A9.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the FindStringers Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Copyright, Liability, Indemnity and Legal Disputes.