CONTENT PUBLISHING AGREEMENT

Thank you for your interest in publishing and/or providing content for other users to view, download or purchase (as digital files, photo magazines, fine-art, framed prints, photo books, or otherwise) using Recently, Inc.’s websites, mobile sites or mobile applications (collectively, our "Sites and Apps").

By otherwise proceeding to publish content and/or by providing such content for other users to view, download or purchase (as digital files, photo magazines, photo books, or otherwise) using Recently, Inc.’s Sites and Apps, YOU HEREBY:

  1. REPRESENT AND WARRANT THAT YOU HAVE ALL AUTHORITY NECESSARY TO BIND YOURSELF TO THE OBLIGATIONS SET FORTH HEREIN.
  2. REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE OBLIGATIONS IN THIS CONTENT PUBLISHING AGREEMENT, AND YOU REAFFIRM YOUR ASSENT TO RECENTLY, INC.’S TERMS OF USE AND PRIVACY POLICY.
  3. REPRESENT THAT YOU WILL COMPLY WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) AND OTHER LAWS AND REGULATIONS. RECENTLY, INC. OFFERS THE FOLLOWING LINKS TO DMCA RESOURCES FOR INFORMATIONAL PURPOSES ONLY: HTTPS://WWW.COPYRIGHT.GOV/ REPORTS/STUDIES/DMCA/DMCA_EXECUTIVE.HTML AND HTTPS://WWW.GPO. GOV/FDSYS/PKG/PLAW-105 PUBL304/PDF/PLAW-105PUBL304.PDF
  4. REPRESENT AND WARRANT THAT YOU OWN ALL RIGHTS NECESSARY TO PUBLISH THE CONTENT YOU PUBLISH, AND TO OFFER THE PHOTOS YOU OFFER, USING RECENTLY, INC.’S SITES AND APPS.
  5. REPRESENT AND WARRANT THAT THE CONTENT YOU PUBLISH, THE PHOTOS YOU OFFER, AND YOUR USE OF THE RECENTLY, INC. SITES AND APPS WILL NOT:   
  • INFRINGE, VIOLATE OR MISAPPROPRIATE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OR BE MISLEADING, DECEPTIVE OR FRAUDULENT;
  • VIOLATE ANY LAWS, TREATIES, REGULATIONS OR OTHER GOVERNMENTAL ORDER; OR
  • FACILITATE THE ACCESS, STORAGE, DISTRIBUTION OR OTHER EXPLOITATION OF COPYRIGHTED OR PROPRIETARY CONTENT WITHOUT THE AUTHORIZATION OF THE CONTENT OWNER.

6. AGREE THAT YOU WILL MAKE BEST EFFORTS (INCLUDING DESIGN CONSIDERATIONS) TO PREVENT THE USE OF YOUR CONTENT FOR THE PURPOSE OF FACILITATING THE ACCESS, STORAGE, DISTRIBUTION OR OTHER EXPLOITATION OF COPYRIGHTED OR PROPRIETARY CONTENT WITHOUT THE AUTHORIZATION OF THE CONTENT OWNER. IF YOU BECOME AWARE OF SUCH USE, YOU WILL PROMPTLY NOTIFY RECENTLY, INC..

7. AGREE THAT YOU WILL NOT ENCOURAGE OR ENDORSE USERS TO POST OR UPLOAD MATERIAL THAT INFRINGES THE COPYRIGHT, PROPRIETARY OR OTHER RIGHTS OF ANY THIRD PARTIES.

8. AGREE TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, AND THIRD PARTY USERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, EXPENSES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (I) YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT, ANY OTHER AGREEMENT OR TERMS OF USE WITH RECENTLY, INC., ANY REPRESENTATION OR WARRANTY CONTAINED HEREIN OR THEREIN OR ANY APPLICABLE LAW; (II) THE CONTENT YOU SUBMIT OR PUBLISH, OR PROJECTS YOU CREATE OR PUBLISH USING SUCH CONTENT (E.G. PHOTO MAGAZINES); (III) YOUR ACTIVITIES IN CONNECTION WITH OBTAINING ANY PRODUCTS OR SERVICES FROM US, OR (IV) ANY ACTIVITY RELATED TO ACCESS TO OR USE OF YOUR ACCOUNT BY YOU OR ANY OTHER PERSON.

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