This Agreement governs the terms by which photographers and other artists provide digital photograph files and other media content to the PhotoSeeSee.com user community on a non-exclusive basis. In this agreement, the term “we” means La Apple, LLC, the owner/operator of the PhotoSeeSee.com web site. The term “you” means you, the photographer or the artist.

By uploading any digital photograph files and other media, here and thereafter referred to as Materials to the PhotoSeeSee.com web site, you are asserting your declaration that you have read, understood, and agreed to all terms and conditions in this Agreement.

1. Submission and Acceptance of Materials.

A. You shall use your best effort to submit Materials to PhotoSeeSee.com during the term of this Agreement. La Apple, LLC has the right to accept such Materials as we choose.

B. You grant La Apple, LLC a non-exclusive right to sell the license to the Materials uploaded by you on the Photoseesee.com web site or other medium deem appropriate by La Apple, LLC anywhere in the world. You further grant La Apple, LLC the right to use Materials uploaded by you for the purpose of promoting the Photoseesee.com web site.

C. You acknowledge you have the responsibility to set the Extended License price of the full‑size Materials you upload. The terms of the Extended License are specified in the Photoseesee.com END-USER LICENSE AGREEMENT.

D. You agree to the pricing structuring set forth in the Photoseesee.com web site for the Standard License of the resized photograph of the Materials you upload. The terms of the Standard License are specified in the Photoseesee.com END-USER LICENSE AGREEMENT.

2. Ownership of Materials.

A. All Materials shall remain the property of the Photographer. La Apple, LLC and PhotoSeeSee.com acts as the content exchange site between you and the Materials buyer. La Apple, LLC grants no rights and makes no warranties to third parties regarding the use of copyrighted works, intellectual properties, names, people, trademarks, or patents represented in the Materials.

B. You warrant and represent that you are the sole creator of the Materials and you own all rights to the Materials to be licensed through Photoseesee.com under the terms of this Agreement, and that the Materials does not infringe upon any other person’s copyrights or rights of literary property, nor does it violate the rights of privacy of, or libel, other persons.

3.  Model and Property Release.

A. You warrant that you have obtained a binding model release, containing substantially the same information as the example model release. Example Model Release .

B. You warrant that you have obtained a binding property release, containing substantially the same information as the example property release, from the owner of such property to allow the permitted use identified in the END‑USER LICENSE AGREEMENT for the uploaded Materials. Example Property Release .

4. Compensation.

A. La Apple, LLC agrees to pay to you, 40% of the net license fee paid by the buyer for the Materials uploaded by you. La Apple, LLC may change this rate without notice. If at anytime you deem the rate schedule is not acceptable, you may refrain from providing any additional Material or terminate this Agreement according to the terms of this Agreement.

B. La Apple, LLC will make payment to you by the last week of each month provided the current cumulative license fees paid by the buyer for the Materials uploaded by you reaches a minimum balance of $100.00 (One Hundred) US Dollars. Your account balance fee of less than $100.00 will be retained by La Apple, LLC until they exceed $100.00. All payments of fees paid to you will be the net amount after the following expenses: (i) applicable taxes or withholdings required by applicable laws; (ii) fees paid to financial institutions for the license purchase payment processing; (iii) fees associated with the financial transaction and delivery of the monies paid to you.

C. You agree you are responsible to declare all earnings you receive from the license fees paid to you to the appropriate government and tax authority. You further agree you are responsible for paying any taxes on the received earnings. La Apple, LLC accepts no liability or responsibility for paying any taxes on the license fees paid to you.

5. Content Management

A. La Apple, LLC reserve the rights, but not the obligation, to modify any part of the submitted content. You are responsible to provide accurate information and description of the contents you upload. You acknowledge that any modification, deletion, and addition to the submitted content performed by La Apple, LLC is done as a courtesy only.

B. You agree that you are solely responsible for any infringement to other person’s copyrights, intellectual property, names, trademarks, patent, rights of privacy, for any content you upload.

C. You agree that La Apple, LLC is not responsible for the use of the downloaded Materials by the buyers will comply with the END-USER LICENSE AGREEMENT.. You agree you are responsible to take any legal or commercial actions against the infringing parties to protect your intellectual property rights.

D. You can not at any time share, sell, give, or allow anyone to use your username/password, nor access your PhotoSeeSee.com account for any reason. You acknowledge that this information is confidential information and that La Apple, LLC maintains proprietary interest in such information. The disclosure of such information by you may cause irreparable damage or injury to La Apple, LLC which may entitle La Apple, LLC to injunctive relief which you acknowledge is reasonable under the circumstances.
 

6. Termination

A. You may terminate this Agreement by providing 30 (thirty) days written notice via email to manager@photoseesee.com.

B. La Apple, LLC may terminate this Agreement with you by providing 30 (thirty) days written notice via email to the current address provided by you in your account profile. La Apple, LLC may terminate this Agreement with you, at our sole discretion, immediately with cause or for breach of the terms of this Agreement.

C. La Apple, LLC reserves the rights, but not the obligation, to continue selling the license to your uploaded Materials for a period of 6 (six) months after the effective date of the termination of this Agreement. Any payment of license fee paid by the buyer for the Materials uploaded by you will be paid to you according to the terms of this Agreement.

7. Relationship of Parties

A. You and La Apple, LLC are independent contractors and nothing contained herein shall be construed to be inconsistent with this independent contractor relationship.

8. Disclaimer and Warranties

A. The use of this site is made available to you “AS IS” and “AS AVAILABLE”, and WITH ALL FAULTS. La Apple, LLC, its employees, directors, and officers and anyone else associated with La Apple, LLC makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. La Apple, LLC further makes no representation or warranty that your usage of PhotoSeeSee.com will be uninterrupted, error free of computer viruses, or other damaging Materials. When you access PhotoSeeSee.com, you do so at your own risk.

B. You agree to fully, indemnify, and hold harmless La Apple, LLC, its employees, directors, officers, and any other entity associated with La Apple, LLC, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys fees and expenses, arising in connection with your use of this website or of any breach or alleged breach of any representation, warranty, or other promise made by you in this Agreement.

9. General Provisions

A. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this Agreement. The parties further acknowledge that this Agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between you and La Apple, LLC with respect to the matters expressly set forth in this Agreement.

B. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

C. COVENANT OF GOOD FAITH. The parties to this Agreement acknowledge that they are bound by the covenant of good faith and fair dealing. The parties shall not take any action to preclude the other party of achieving his or her end of the bargain.

D. BREACH OF CONTRACT. In the event this Agreement is breached by either party, the non-breaching party shall be awarded cost of court and reasonable attorney fees. The non-breaching party shall be entitled to all remedies in law and equity in the event of breach of this Agreement by the other party.

E. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.

F. You request that this Agreement and all documents related thereto are drawn up in English.

G. This Agreement shall be governed by the laws of the State of Nevada and the applicable federal laws of United States of America.