User Upload and Content Licensing Terms

Contributor Terms (Upload & Sales)

Photo and Crochet

These Contributor Terms apply to all users who upload, display, or sell content on photoandcrochet.com, operated by Dieter Achtelstetter. By registering, uploading content, or offering content for sale, you agree to these Terms in addition to our General Terms and Conditions and Privacy Policy. Acceptance is recorded online via the mandatory “I Agree” checkbox.

1. Introduction and Acceptance
   By clicking “I Agree,” you enter into a legally binding agreement with Photo and Crochet. These Terms combine the User Upload and Content Licensing Terms with the Image Sales conditions.


2. Ownership and Rights
   You must own the rights to all content you upload, or hold all necessary rights, licenses, and permissions to use, display, and sell the content on our platform, including model and property releases where required. Your content must not infringe any copyright, trademark, privacy, or publicity rights.


3. Prohibited Content
   You may not upload content that is illegal, pornographic, sexually explicit, violent, hateful, discriminatory, or inappropriate for minors, or content that promotes abuse, racism, or unlawful activity. Violations may result in immediate removal of content and account termination without prior notice.


4. Responsibility and Indemnity
   You are solely responsible for your uploaded content and compliance with applicable laws. You agree to fully indemnify and hold harmless Dieter Achtelstetter, Photo and Crochet, and affiliated parties from any claims, damages, or legal actions arising from your content or breach of these Terms.


5. License to Use Uploaded Content
   By uploading content, you grant Photo and Crochet a non-exclusive, worldwide, royalty-free license to host, reproduce, modify (e.g., watermarking and resizing), publicly display, distribute, promote, and sell your content in connection with operating and marketing the platform. This license remains in effect while your content is available on the platform.


6. Pricing and License Types
   Image prices depend on the license selected by the buyer (e.g., Non-Profit, Editorial, Commercial). License pricing and categories are set by the Platform and communicated in the User Administration Panel. We may update licenses and prices with prior online notice.


7. Payments and Payout Conditions
   Payouts to you occur only when your confirmed sales balance reaches at least fifty Euros (€50.00). You must communicate your preferred payout method (e.g., bank transfer, PayPal) by private message to the Owner. For security reasons, the Platform does not store banking or payout details on the webserver.


8. Payment Holds, Refunds, and Chargebacks
   Payments are held for three (3) weeks after each sale to allow for refund requests, chargebacks, or complaints. In case of refunds or chargebacks, related earnings may be deducted or reclaimed from your balance. We may delay or withhold payouts in cases of suspected fraud, abuse, or ongoing disputes.


9. Complaints and Quality Issues
   Complaints about quality, misrepresentation, or license violations may result in suspension or removal of content. You agree to cooperate in good faith during any investigation or dispute resolution.


10. Content Moderation
    Content may be reviewed manually or automatically for compliance. We may remove any content and suspend or delete accounts that violate these Terms, and report illegal content to law enforcement when appropriate.


11. Data Storage and Backups
    While regular system backups are performed, we do not guarantee the availability or recovery of individual files and are not liable for data loss. Keep your own backup copies. Photo and Crochet is not a backup service.


12. Termination
    You may close your account or stop selling at any time by private message. We may suspend or terminate your account immediately for copyright infringement, fraud, or breach of these Terms. Outstanding payouts are processed under these Terms and may be subject to holds or deductions.


13. Governing Law and Jurisdiction
    These Terms are governed by the laws of Malta. Any disputes shall be exclusively submitted to the courts of Malta, and you consent to their jurisdiction and venue.


14. Relationship to Other Policies
    These Terms form part of our broader legal framework and must be read together with our General Terms and Conditions and Privacy Policy. If there is a conflict, the stricter provision applies to ensure platform safety and compliance.


15. Final Provisions
    These Terms constitute the entire agreement regarding uploads and sales on the platform. If any clause is invalid, the remainder remains effective. Updates will be published online and become binding upon acceptance.