Terms & Conditions

Site Usage Agreement

By using this site and downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client`s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and change our pricing structure as needed including but not limited to changes based on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any media listed under the Photomyanmar.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded.


Use of this site


This site is owned and operated by Photomyanmar. All Media, audio and video material and related informational materials in any medium provided by Photomyanmar hereunder, including related text, captions, or information (collectively referred to as Media) are owned by Photomyanmar and by our Media providers (Contributors), members of our community. All Media is protected by Myanmar and international copyright laws.


This site contains both Media that depicts a visible watermark (Watermarked Media) and Media that does not contain a visible watermark (Non-Watermarked Media). Photomyanmar allows you to search for, view, and use Watermarked Media only as permitted below. If you have registered for a Photomyanmar account and Photomyanmar has approved your registration, you may be able to access Non-Watermarked Media, which shall be used only as permitted below. Photomyanmar reserves the right to revoke your authorization to view, download and use the Media and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Photomyanmar. All rights not specifically granted under this Agreement are reserved to Photomyanmar. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and retrieve Media or related information.


Photomyanmar may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Media, delete all Media and all copies from all media and destroy all other copies. Your use of this site and any Media shall comply with all applicable law. Photomyanmar may restrict or remove your access to this site at any time, or restrict or remove the use of any Media for any reason, and may replace the Media with another Media, and you agree to immediately discontinue all use of the Media upon notification from Photomyanmar.


Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Media may include historically and culturally important Media and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Photomyanmar or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.


Photomyanmar makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the Myanmar and international market. While the responsibility for the Media uploaded is entirely on the Contributor`s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.

If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

 

Children


Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

 

Use of Watermarked Media - Using Media for camping


Media includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Media includes visibly or electronically watermarked and reduced resolution Media (Non-Watermarked or Watermarked Media) or higher resolution non-watermarked Media (Non-Watermarked Media).

Conditional upon your compliance with this Agreement, Photomyanmar grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Media in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Media. Except for this limited, internal testing and sample use, Photomyanmar grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Media.

Registering for an account


Registering For A Photomyanmar Account


To obtain access to our Media as well as upload any Media, you have to apply for a Photomyanmar account and you agree to provide complete, true and accurate information. Photomyanmar reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by Photomyanmar. Our privacy policy can be reviewed at the following link.


You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Photomyanmar of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Media downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Photomyanmar of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Photomyanmar account or web site or related services.

At anytime, you may request your account access to be restricted, but Photomyanmar reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site`s services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the Photomyanmar admin staff, for legal purposes.


After acquiring a credits package or subscription, you can download Media using various licenses available on our site. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company`s own projects or clients and cannot be transmitted to another party. If the Media is to be used by more employees, then an Unlimited Extended License (U-EL) is required.


None of our Media may be resold or redistributed by any means, or made available for redistribution or resale by a third party without Photomyanmar `s separate written consent.

 


Extended Licenses for Using Our Media


The following licenses offer extended types of usage for our regular Royalty Free or Editorial licenses. Note that not all media is available for this type of license. You may use the image according to the following licenses only if the image was available under the appropriate license AND you downloaded it using the appropriate download button. You can view the license for each media work you downloaded in your Management Area / My Downloads.


Web Usage (W-EL):

Electronic Items for Resale/Distribution: this license includes the right to use the media in webtemplates that are sold to more customers, screensavers, e-cards, powerpoint presentations or as wallpapers on cell phones. Maximum number of electronical items is 10,00 copies (applies as a total of each type of usage). If this amount is exceeded you need to acquire this license once again. The new license will provide you with the standard amount of copies.


Print Usage (P-EL):

Physical Items for Resale/Distribution: includes the right to use the photos or stills comprising media for t-shirts, postcards, greeting cards, mugs, mousepads, posters, calendars, framed artwork that is to be sold to other customers for a maximum amount of 1000 copies (applies as a total of each type of usage). If this amount is exceeded you need to acquire this license once again. The new license will provide you with the standard amount of copies.


Sell the Rights (SR-EL):

This license represents a full ownership of the downloaded media. The buyer can use it exclusively (exclusivity applies from the moment that the file was downloaded using this license; buyer must take into account potential past downloads made for media and choose it accordingly or investigate further via support), and include it in any type of design with just a few restrictions: sensitive subjects may still apply and the buyer may not claim that the file was created by him nor resell it as his work. The agency will disable the media immediately after the buyer acquired this license. The Contributor is required to disable the file permanently from all other places where he may sell it, as soon as possible after the sale occurred, but no longer than 72 hours. This license grants the buyer exclusivity so the Contributor needs to keep in mind that exclusive media is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable other files as being different. All such variations rendering the media very similar in concept and message to the one sold under SR-EL should be removed from sale as well. The photographer acknowledge and agrees to provide the buyer with full ownership for the file retrieved using the SR-EL license.


Time Limited Exclusivity (SR-EL1, SR-EL3):

This license represents an exclusive right to use the downloaded media, but such exclusivity will only last for a limited period of time. The buyer can use the media exclusively (exclusivity applies from the moment that the file was downloaded using this license) during the time period selected, and include it in any type of design with just a few restrictions: sensitive subjects may still apply and the buyer may not claim that the file was created by him nor resell it as his work [photo/media].

Photomyanmar will disable the image immediately after the buyer acquired this license. The Contributor will be required to disable the file permanently from all other places where he or she may sell it, as soon as possible after the sale occured, but no longer than 72 hours. The Contributor acknowledges and agrees to provide the buyer with the exclusive right to use the file retrieved using the SR-EL1 or SR-EL3 licenses, for the duration of the selected exclusivity period.

The length of time for the exclusivity period depends on which license is selected. SR-EL1 will grant an exclusive right to use the media for one year. Similarly, SR-EL3 will grant an exclusive right to use the image for three years. The print run for both licenses is unlimited and continues after the exclusivity expired. At the end of the exclusivity period, the buyer`s license will continue as before, with all of the same rights, except for the right of exclusivity, and the image will again be added to the available library of media on Dreamstime.com and again be made available to all users for purchase. After the end of the exclusivity period, the Contributor will also be free to offer the media for download from other places where the Contributor sells his or her media.


If a Model Release is available on file, it will remain within our database, a proof about its existence can be forwarded to the buyer, however, the MR info will still not be disclosed in respect of the Contributors` and models` privacy.


For any other details regarding usage or these licenses, you are strongly advised to contact Photomyanmar.

 

Editorial license for using our Media


Editorial License:


The editorial section provides news worthy Media reflecting events from social, cultural and political scenes. Media downloaded under the Editorial section of our site, as well as Media downloaded with our Royalty Free license can be used within editorial context as long as the current terms are met. Sensitive usage restrictions also apply.


The Media that you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image. Click here for Credit line requirements.


Special ethical considerations apply to editorial usage. When using or submitting editorial Media, you are solely responsible for any claims related to or arising from any visual adjustments of the Media. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image. We reserve the right to refuse any image submission that we consider as not marketable.


Additional requirements for buyers:


Media included within the editorial section may include visible logos, or identifiable persons who didn`t sign a model release document. You are solely responsible for the usage given to such Media. Please consider that editorial Media are not meant for commercial usage and using them in a commercial context is against editorial terms.


Additional requirements for contributors:


Please note that editorial Media are meant to be an objective view of a specific event and therefore any post-processing of the photographs that might damage or distort the reality as seen through your camera lens, will not be tolerated. Cropping an Media and standard brightness/contrast adjustments are acceptable, but the use of clone, brushes and/or artistic filters is not meant for editorial Media.

You hereby agree that the Media submitted to Photomyanmar is not obtained in unlawful ways or that can enforce civil or criminal liabilities. You are solely responsible for how the Media is produced and your activities will indemnify Photomyanmar harmless of any claims from you or any third parties involved within the shooting.

 

 

Unauthorized Use


Without limitation, Media may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Media constitutes copyright infringement and shall entitle Photomyanmar to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media. The foregoing is not a limiting statement of Photomyanmar `s rights or remedies in connection with any unauthorized use.

 

Credit Line Requirements


All media used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used within editorial purposes. The credit line format is specified on the Download page.

 

Sensitive subjects


Any license granted by Photomyanmar shall not constitute a representation that a Media is compatible for use with any other material. You are solely responsible for the use of any Media in combination with any other material, and you agree not to use Media with sensitive topics without Photomyanmar `s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image.

You must contact Photomyanmar for additional information prior to any use of an Media with any sensitive topic.


Each Contributor that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release.

Photomyanmar will not be held responsible for any of the materials you upload to the site.

 

 

Model and Property Releases/Clearances


With respect to Media for which you have purchased a license through Photomyanmar, the rights that Photomyanmar grant to you do not include a license to any person, place, property, or subject matter depicted in a Media, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. Photomyanmar makes no representations or warranties that it owns or licenses any rights nor does Photomyanmar grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Media. Furthermore, Photomyanmar makes no representation or warranty as to the accuracy of any information provided with the Media. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Photomyanmar. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.


With respect to Media you upload as a Contributor, where such Media depicts one or more individuals, a model release document must be uploaded confirming that the individuals included in your Media have signed a written release. By uploading this document, you certify that the information contained therein is complete and accurate.


Photomyanmar prefers that its contributing users provide copies of release documents that include physical signatures for the individuals consenting to the capture and reproduction of the contributed Media. Recognizing that many of Photomyanmar’s contributing users desire to submit location and model releases that have been e-signed, rather than printing documents for physical signature by a releasing individual, Photomyanmar has determined to accept, under certain circumstances, e-signed release documents from certain qualifying contributors. Acceptance by Photomyanmar of an e-signed release from a particular user shall not constitute a guarantee that future e-signed releases will be accepted from such user. Photomyanmar reserves the right to refuse e-signed releases, whether for a particular Media or from a particular user, for any reason.

If Media is designated as model-released, it means the contributing member posting such Media has represented to Photomyanmar that the depicted individual(s) has/have signed a release permitting reproduction of the Media, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that Photomyanmar is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed model release for all individuals depicted in a particular Media. If Photomyanmar incorrectly indicates that a Media is model-released when it is not, Photomyanmar`s liability shall be limited to the amount you paid Photomyanmar for the use of the Media. If a Media depicts an individual and you use such Media in a manner that implies the use or endorsement of a product or service by depicted individual, you must indicate wherever the Media is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use an Media depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive (as described above). Any license obtained through Photomyanmar is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Photomyanmar with proof of such releases and permissions upon request.

 

Refund Policy


You may ask for a refund of your purchase within 3 days from the purchase date. Note that this is possible only if you are able to immediately remove all Media used in different designs and that you must provide a well founded reason for your request and your Photomyanmar username.


If you have downloaded an image that has technical flaws please contact us for a refund of all credits used for downloading the image. If you are not able to download an image, we will refund the credits, provided that Photomyanmar determines that you have been unable to download the image successfully. If several credits are deducted from your account, due to multiple unsuccessful attempts of retrieving the file, you should email support for a full refund of the extra credits. Downloads are not refunded if more than 3 days from the download date have passed.

 

Purchase


Automatic Renewals


Subscriptions renew on a periodic basis, based on the term that you choose ,at the rate disclosed at the time of purchase and are billed to the payment method associated with your user account up to 48 hours in advance of the current subscription period end date.

To continue your downloads without interruption, credit packages and subscriptions that you purchase will renew automatically 24 hours after your credit balance reaches zero. Until cancelled, renewal purchase prices will remain the same as your initial purchase price even if credit package or subscription prices are later increased.

You may cancel automatic renewals at any time from your "Payment Profiles" page. In such event, please contact customer support by phone (+95 – 9 260 7777 00) or email so that we may refund your subscription fee, provided you have not yet used any of the download credits associated with such subscription renewal. Fees charged to your payment method may be split into multiple charges, the aggregate of which shall not exceed the amount currently due for your particular purchase.

 

 

Copyright


The Contributor acknowledges that Photomyanmar prohibits any Media 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 Dreamstime.com.


By uploading his/her Media, the Photographer is warranting that he/she owns all proprietary rights, including copyright, in and to the Media. The Contributor acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on Photomyanmar `s servers. Photomyanmar reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.


The Photographer hereby grants Photomyanmar a non-exclusive license to post the Media on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants Photomyanmar and its representatives the right to sublicense the Media to their customers in accordance with the terms of the Photomyanmar Royalty-Free License Agreement, a copy of which the Photographer acknowledges reviewing and agreeing to.


The Parties agree that all rights, including title and copyright, in and to the uploaded Media, shall be retained by the Photographer, unless otherwise mentioned by the license agreement. The Photographer acknowledges that no monetary or financial compensation is owing or required to be paid to the Photographer by Photomyanmar or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer. While Photomyanmar acknowledges that its policy is to provide the Photographer with certain payments whenever a Media uploaded by the Photographer is downloaded, the parties agree that Photomyanmar may amend such policy from time to time, as reasonable business objectives may require.

Currently, each Contributor may request to be paid for his/her balance on Photomyanmar.com and Photomyanmar is obligated to pay via check or similar means, once the balance has reached $100 and the Contributor has submitted a payment request via website.


Photomyanmar is entitled to carefully analyze all details and logs of the Contributor and his/her downloads/sales on the website. If any suspicion exists, Photomyanmar.com has the right to delay the payment request until all details are cleared or to refuse the payment.


The Photographer is entitled to disable file(s) from his portfolio by using the appropriate section of Photomyanmar.com (Management area/Online files), Read the Contributors` Exclusivity and Non-Exclusivity Terms for specific details regarding the contributors` obligations. Once disabled the files are to be removed from all public pages of the site in maximum 24 hours. Photomyanmar is entitled to keep an offline copy of the files for several months, in order to allow previous buyers to verify the accuracy of the content or to allow the Photographer to reactivate the file(s). After this time interval expired, Photomyanmar.com shall erase all files.


Should the Photographer enter an agreement with Photomyanmar which provides exclusive rights to the agency or towards its customers, the Photographer bounds himself to disable the image from all other sites according to the specific terms of the agreement: assignment or the SR-EL extended license.


The Photographer agrees that neither Photomyanmar.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 Media. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Media.

 

Notification of copyright infringement


Photomyanmar 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 Photomyanmar `s site, send Photomyanmar 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 Photomyanmar site; (iv) information sufficient to permit Photomyanmar 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.


Assignments


Assignment terms - general terms:


In order to participate in the Photomyanmar On Assignment monthly contest you should fulfill the following conditions:

- Have an active Contributor account at Photomyanmar.com

- Be the sole author of the Media submitted

- Submit only Media that closely follow the monthly contest theme

- Submit a valid Model Release form (signed by the model) if the image contains any recognizable people faces

 

The Contributors will have the following obligations and rights:


Obligations:

Sell the selected Media from Photomyanmar On Assignment contest only on Photomyanmar.com. The Media approved for the contest become exclusive to Photomyanmar agency and cannot be sold anywhere else, including your own website.


Rights:

1. You may disable or revert the image(s) to a lower level (by resubmitting or reactivating it) at any time, but not earlier than 12 months since its upload date. In this way, the exclusivity agreement with Photomyanmar will cease to exist.

2. Photographers have the right to upload existent work and Media that already make up a part of his/her portfolio on Photomyanmar.com.


Photomyanmar.com rights:

 

Rights:

Photomyanmar.com reserves the right not to select any of the submitted Media for general refusal reasons such as: noise, out of focus, poor lightning, distorted pixels, poor composition, or Media that do not comply with the assignment theme.


Assignment terms - Sell the rights option


In addition to the above terms the Contributor should submit a valid EXCLUSIVE Model Release form (agreed and signed by the model) if the image contains any recognizable people faces.


Sell the rights option - Photographer`s Media Copyright Release Form


For valuable consideration: I hereby authorize Photomyanmar.com to publish, distribute, and sell all photographs that I submit to them in their web site assignments at www. Photomyanmar.com


I understand that by submitting Media to Photomyanmar.com, I authorize Photomyanmar.com to duplicate, print, distribute or resell any and all submitted Media, for sale to the public or for commercial applications. I also understand that any image that includes a recognizable person or property requires written consent from that person or owner prior to submission and I should attach a signed Model Release document or a Property Release document specifically signed for Photomyanmar.com. I am aware and fully understand that Photomyanmar.com will not be held liable for any copyright infringements on any photographs submitted by myself. By submitting my photographs to Photomyanmar.com for publication in their web site galleries for sale, I relinquish all copyrights and rights to sell and/or use the Media that has been submitted.


I understand that the buyers of any licenses sold by Photomyanmar.com for my Media, will remain anonymous to me. In this event, I agree not to make any contact with the buyers of my Media, unless they are in obvious undisputable breach of the licensing terms of the license issued by Photomyanmar.com. In the event I take any action against the buyers for being in breach of the licensing agreement, I agree to notify Photomyanmar.com in writing of my intentions and I agree to indemnify and hold harmless Photomyanmar.com, its owners or directors, staff and associates of any and all such actions.


I acknowledge that in exchange for this copyright release, Photomyanmar.com is obligated to award a fee for each image submitted and accepted by Photomyanmar.com and that the agency will set the fee for each assignment. I understand that Photomyanmar.com is entitled to refuse any of my Media in which case I retain all copyrights, without any further obligations.

I acknowledge Photomyanmar.com has the right to remove from the Photomyanmar.com web site any photograph at any time. Photomyanmar.com is not required to alert the Contributor as to the reasons for the removal unless the Contributor specifically requests a reason.


In addition to the terms stated above, I confirm to Photomyanmar.com that:

The photos submitted are my own personal property.

I will honor completely all licenses sold by Photomyanmar.com, within the terms of those licenses. I agree to abide by all the terms and conditions as stated within this document and in regard to copyrights and or my release of copyrights that are included in this form.


Obligations:

By joining this program you agree to promote the community and Photomyanmar.com website. This participation doesn`t entitle you to represent Photomyanmar.com or the community but only to recommend it to potential members. Your participation implies that you will act as a responsible person promoting the community by various means, exclusively legal. Neither spam actions nor any fraudulent attempts will be tolerated.

You agree to use only legitimate means for promoting the community and to not interfere or damage the activity of the website or any other website or servers.

All referees received from your account can be analysed by computer scripting or human administrators. If any fraudulent activity related to your account is traced, Photomyanmar will take further action in order to stop and punish delinquent accounts via legal means.

We reserve the right to change the current terms and conditions in part or entirely. This program can be adjusted or canceled at our sole discretion and according to the program`s activity, feedback and/or other input we receive. Any significant changes will be published on our website. If you do not agree with these changes, you should stop referring the site and cease further participation. Your future participation to the Referral program constitutes a full acceptance of our terms.

Free images section:

Any contributor can donate images for the free images section. The contributor is responsible for the donation and entitles Photomyanmar to make the image available for free to its registered customers, accompanied by the regular Royalty Free license. As long as the image is available for free, Photomyanmar will not charge any fees from customers for downloading the high resolution file and no earnings will be placed in the account of the Contributor who donated the image.

All donations are selected by admin, Photomyanmar reserves the right to select only the submissions it considers as appropriate for this section.

 

Trademarks


Photomyanmar Trademarks


The trademarks, services and logos used and displayed in Photomyanmar.com are registered and unregistered trademarks of Photomyanmar.com its subsidiaries and affiliates. Photomyanmar.com trademarks may only be used publicly with the permission of Photomyanmar, Inc. with proper acknowledgement. Except as expressly granted Photomyanmar, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

 

Indemnification


You agree to indemnify, defend, and hold harmless Photomyanmar against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Media either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Media, or any claim by a third party related to the use of a Media, alone or in combination with any other material.


Contributors rights & obligations - non-exclusivity and exclusivity:


Photomyanmar.com allows you the opportunity to work with Photomyanmar.com in one of three manners: contributors who upload Media which are available for sale with other stock agencies (NON-EXCLUSIVE CONTRIBUTORS), contributors that upload Media that are exclusively sold on Photomyanmar.com (EXCLUSIVE IMAGES) and contributors that are solely represented by Photomyanmar.com (EXCLUSIVE CONTRIBUTORS).

Contributors shall receive a percentage (a Revenue Share) from each sale made by Photomyanmar on their behalf as described in the paragraphs below. Considering the dynamic nature of the industry, Photomyanmar and its distributors, affiliates, referrals etc. can represent the Contributors using different marketing techniques or models (such as credit based or subscription payment plans, third party distributors etc.). Contributor acknowledges and agrees that each of these varied marketing techniques and models may result in different net sale prices for the same image under each set of circumstances. The paragraphs below mention the minimum Revenue Share that is to be awarded to a Contributor from the net sale price collected for the Contributor`s image, unless otherwise mentioned in different areas of the site (such as the Alliances section or Sell your Media section). Revenue Shares are calculated based on net sales amounts after payment of referral fees, as described above. Notwithstanding the foregoing, provided Contributor is otherwise in compliance with the terms of this Agreement, Photomyanmar will not seek repayment of any overpayments made to Contributor. No Contributor shall be entitled to receive payment, nor shall Photomyanmar be liable for any such payment, unless and until the total amount of that Contributor’s unpaid earnings exceeds One Hundred U.S. Dollars (US$100.00 or 100000 kyats).


Contributors are not allowed to download their portfolio (partly or completely) , especially if this is performed in order to take advantage of any available discounts and bonuses provided by Photomyanmar.com. Contributors who lost their own Media during a hardware failure are asked to contact support in order to receive a copy of their own files.


Non-exclusive contributors: A non-exclusive contributor is an artist who uploads Media that are also available for sale with other stock agencies. These contributors may upload their Media to Photomyanmar.com while selling the same Media through other channels. Non-exclusive contributors shall receive 40-60% of the net sale price received by Photomyanmar.com for the Media they have contributed to the site which are subsequently sold by Photomyanmar.com.


Exclusive Media: A contributor may work with other agencies in addition to Photomyanmar.com. However, the Media provided to Photomyanmar.com and marked as being exclusive are sold only on Photomyanmar.com. An exclusive image is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable an image as being different. Exclusive Media may only be sold through Photomyanmar.com and may not be offered through other channels. Contributors shall receive 40%-60% of the net sale price received by Photomyanmar.com for the exclusive Media they have contributed to the site which are subsequently sold by Photomyanmar.com. A Contributor may remove the exclusivity rights to an image with thirty (30) days prior written notice to Photomyanmar.com.

If a contributor breaks this Exclusivity Agreement, either for an exclusive image or as an exclusive contributor, Photomyanmar.com reserves the right to invalidate and recover all earnings made by that Contributor through Photomyanmar.com sales commencing with the date the exclusive image or Media or portfolio were made subject to the Exclusivity Agreement.


Photomyanmar.com reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.