 |
Browse |
|
|
|
|
|
|
Membership Agreement The parties to this agreement are yourself and OnScene, Inc, the Nevada corporation that owns and operates the OnScene.com Web site. These terms are effective immediately and remain in force as long as you are a member or any of your content is posted within the OnScene.com Web site.
OnScene, Inc desires to generate revenues from Web banner advertising and from a percentage of the fees obtained by licensing member-created content to third parties on behalf of OnScene.com members.
You desire to publish original rich media content to a wide audience by means of the OnScene.com Web site and in some cases to also generate revenues by licensing your content represented on the OnScene.com Web site to third parties by using OnScene, Inc. as your exclusive broker.
The parties agree that all content including images, video, audio and text submitted by you and accepted by OnScene.com for publication on the OnScene.com Web site shall become the non-exclusive property of OnScene, Inc at the time of publication on the site, while the content is displayed on the site. When the content is removed from the site, any and all non-exclusive rights temporarily granted to OnScene are terminated.
The parties agree that all content including images, video, audio and text submitted by you and accepted by OnScene.com for publication on the OnScene Web site shall not be licensed for further publication or distribution without your written permission and agreement to the licensing terms.
The parties agree that the terms and conditions for licensing or sale of all content including images, video, audio and text submitted by you and accepted by OnScene.com for publication on the OnScene.com Web site and/or any underlying source data shall be determined by yourself.
The parties agree that the source file or files (original data) of all content including images, video, audio and text submitted to OnScene.com for publication on the OnScene Web site is of your own original creation, your sole property and remains your sole property. Should there be more than one copyright owner of the content or the original data, you agree to disclose the names of the other owners to OnScene, Inc.
The parties agree that any license to publish or sale in any format of any of the content you submit to OnScene.com or any source file or files (original data) of all content including images, video, audio and text submitted to OnScene.com for publication on the OnScene Web site shall be brokered exclusively by OnScene, Inc, and that you will not license or sell this content directly yourself or through use of another broker or agent.
You agree to pay OnScene, Inc. a percentage fee on any revenues you receive resulting from sales or licenses between yourself and a third party for publication, re-use or distribution of content you submit and OnScene.com publishes or the source data underlying such content according to the following fee schedule:
· 3% of gross revenues (revenues before any deductions for expenses or taxes) of $100,000 or more.
· 6% of gross revenues (revenues before any deductions for expenses or taxes) of $10,000 or more and less than $100,000.
· 10% of gross revenues (revenues before any deductions for expenses or taxes) of $1,000 or more and less than $10,000.
· 20% of any gross revenues (revenues before any deductions for expenses or taxes) less than $1,000.
OnScene, Inc. agrees that multiple content items may be aggregated into a single license to achieve a lower fee when the aggregated items are licensed on the same date.
The parties agree that your membership in OnScene.com may be revoked and access privileges terminated without notice for any one or more of the following reasons:
1. Submission of content that is not your own creation or for which you do not hold the copyright or written permission to publish.
2. Submission of content that violates the law.
3. Submission of content that contains images or recordings that violate the privacy or confidentiality rights of an individual or corporation.
4. Repeated submission of content rejected by OnScene.com editors for reasons of inappropriateness, or submission of content similar in type to previously rejected material.
5. Abusive or inappropriate use of language in the forum or chat windows within OnScene.com
6. Direct sale or licensing of content submitted to and accepted for publication by OnScene.com or direct licensing or sale of the source data of such content by yourself, an agent or broker other than OnScene, Inc.
7. Falsification of your personal membership information.
The parties agree that revocation of membership does not relieve the member whose membership has been revoked of their obligations to pay a percentage of third party license fees to OnScene, Inc. for content that was either licensed prior to revocation or for licenses to their content that remains within the OnScene.com Web site after revocation.
The parties agree that the venue for adjudication of any dispute between the parties shall be Carson County, Nevada.
The parties agree that should a court of law with jurisdiction over this agreement rule any portion(s) of this agreement invalid, the remaining portion(s) of this agreement shall remain in full force and effect as if the invalid portion(s) had never existed.
The parties agree that this is the sole agreement between them and there is no other agreement either written, implied or verbal between them.
|
|
