racehive: Photo Upload Agreement

Please read these terms and conditions carefully before you sign up. These constitute a legal agreement between Krause IT-Consulting ("Krause IT-Consulting", "us", "we" or "our") and you ("User", "you" or "your"). When you publish a photo on your racehive account, you are signalling your agreement to these terms and conditions: you have entered into this agreement at the point you press ‘Publish’.

1. Photo Upload & Intellectual Property

As stated in this agreement, you retain intellectual property rights for any photo you upload to racehive.
By uploading your photos to racehive, you are granting racehive a commercial license, enabling us to publish, copy and display these worldwide.
Racehive reserves the right to remove or reject an image at its discretion at any time.
Contact us immediately if you suspect that a racehive user has breached intellectual property rights. We will promptly review the claim and act according to our terms and conditions. If we believe a user is in breach of contract, we reserve the right to delete their account and any associated images. We may also bring the user to account for damages associated with infringing intellectual property.

2. Image Licencing

In return for the photo payment you receive from racehive, you grant us a non-exclusive licence for the duration of the image’s copyright. As such, racehive is given the right to display and publish your uploaded images to social networks etc. Importantly, you give us the right to sub-license your uploaded images to licensees according to the terms in our licensee agreement. Racehive will not be held liable for any loss, damage or expenses, which might arise from unauthorised access to racehive. Nor for anyone breaching the rights they are granted for images uploaded to racehive.

3. Protecting Intellectual Property

We will notify you immediately if we find out about any actual, suspected or threatened breaches of your intellectual property, or if a claim is made regarding the intellectual property of your uploaded photos. It is then at your discretion to decide on any further action and to take full responsibility for the associated proceedings. Racehive will not get involved in disputes or play a part resolving these, except for supplying each party with contact details. As such, opposing parties will bear all costs and retain any monies that are recovered.

4. Your Authority

By uploading photos to racehive, you are agreeing that: You own intellectual property for these images and are not aware of any third party claims that they may infringe intellectual property or a third party’s rights. You also agree to let racehive know should you become aware of such a claim.

  • Any and all metadata in your uploaded images are accurate.
  • Your uploaded image does not include material infringing the intellectual property of a third party, including the right to confidentiality or privacy.
  • You’ve made all reasonable efforts to secure third-party permissions and pay any necessary third parties, enabling racehive to exercise the rights granted under this agreement. You also acknowledge that racehive will not be liable for payments of this nature.
  • The image uploaded did not involve the harassment of anybody, nor does it contain obscene, defamatory or blasphemous matter.

You indemnify rachehive against any actions, proceedings, claims and damages incurred by, or awarded against, racehive.

5. Payment & Pricing

Before publishing photos on racehive, you will set prices for the products required including, but not limited to, ‘individual photos’, ‘BIB series’ and ‘race highlights’. All prices on the site are quoted in £ (GBP).
We agree to pay you this price less the percentage associated with your subscription at the point of purchase. This percentage enables us to cover transactional costs with third party suppliers as well as our business costs.
You will be able to access invoices for image purchases in your account section within 24 hours of us receiving payment.
You will be paid all money earned within a calendar month on the tenth day of the following month (ie, money for photos bought in May will be paid on the 10th June).
All payments are made via BACS transfer to the bank details provided in your account. Please allow sufficient time for funds to clear in your bank account.
You remain responsible for reporting on, and paying, your business taxes arising from the use our services.

6. Indemnity

By using racehive, you are not classified as one of our employees, freelancers or subcontractors. As such, you are not eligible for insurance or help from our site or company. If racehive has a relationship with the organiser of an event where you are taking photos, you will not use any other services to sell your photos.

7. Termination

Either party can terminate this agreement if the requirements are not met. You can close down your account at any time by request via email to support@racehive.co.uk. Your uploaded images will be removed and outstanding payments paid within 28 days of your account termination. Subscription fees will not be refunded. On termination, rights and licences granted in line with your account will cease. If, however, we are using one of your images for promotional purposes, we can continue to use this for existing material, but not for any new material.
The terms of this agreement are governed by and interpreted in accordance with the Laws of England. Disputes arising will be settled within the jurisdiction of the Courts of England and Wales.