KachaBank provides services in accordance with the provisions of the service agreement, which has the effectiveness of a contract. You must fully agree with the agreement before you are able to enjoy the services provided by this website. Logging in KachaBank website indicates that you fully accept all the terms of the agreement.
Important Notice: KachaBank hereon particularly reminds the users to read the agreement carefully --- the users should carefully read all the terms in this "KachaBank buyer User Agreement" (hereinafter referred to as "agreement"), including the liability-exemption term which exempts or limits the liability of KachaBank, and restrictions on the rights of the users. Please review and accept or not accept the "agreement" (minors should be accompanied by legal guardians in the review). Unless you accept the terms in the "agreement", you have no right to use the related services provided by this website. Your acts of use will be considered as the acceptance of the "agreement" as well as the restrictions of the terms in the "agreement".

1.Ownership of This Website

This website is owned and operated by Shanghai Taotie Image Technology Co.,Ltd., trading as KachaBank, hereinafter referred throughout this site as KachaBank. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by KachaBank, its licensors and its content providers. All elements of KachaBank, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with KachaBank or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of KachaBank or its licensors unless otherwise expressly agreed. You shall indemnify KachaBank, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.


2.Trademark ownership

KachaBank, its logo, are registered trademarks of Shanghai Taotie Image Technology Co.,Ltd.. You may not use any of these trademarks without prior written permission.


3.Delivery and Definition

KachaBank has delivered to the client those photographs listed on the front of this form. Photographs are defined to include transparencies, prints, negatives, digitized encodations and any other form in which the images submitted can be stored, incorporated, represented, projected, or perceived, including forms and processes not presently in existence but which may come into being in the future.


4. Reservation of Rights

All rights not expressly granted are reserved to KachaBank. Without limiting the foregoing, no advertising or promotional usage whatsoever may be made of any photographs unless such advertising or promotional usage is expressly permitted on the front of this form. Limitations on usage shown on the front of this form include but are not limited to size, placement, and whether usage is in black and white or color.


5.Payment and Grant of Payment

Payment is due to KachaBank within client the date of the invoice shown. Overdue payment shall be subject to interest charges of five (5) percent monthly. Time of the essence with respect to payment, Upon receipt of full payment, KachaBank shall license to the Client the rights set forth on the front of the invoice for the listed Photographs.


6.Copyright Notice

Copyright notice in the name of KachaBank shall be adjacent to Photograph(s) when reproduced unless otherwise agreed by both parties and stated in the invoice. If such copyright notice, which also serves as authorship credit, is required hereunder but is omitted, the Client shall pay as liquidated damages triple the usage fee agreed to between the parties instead of the agreed upon usage fee. Copyright credit must be as shown on the photograph(s) unless specified to the contrary by KachaBank.

7.Alterations

Client shall not make alterations, additions, or deletions to the Photographs, including but not limited to the making of derivative or composite images by the use of computers or other means, without the express, written consent of KachaBank. This prohibition shall include processes not presently in existence but which may be come into being in the future.

8.Loss, Theft, or Damage

The ownership of the Photographs shall remain with KachaBank. Client agrees to assume full responsibility and be strictly liable as an insurer for loss, theft or damage to the Photographs and to insure the Photographs fully from the time of shipment from KachaBank to the client until the time of return receipt by KachaBank. Client further agrees to return all of the photographs at its own expense by registered mail or bonded courier, which provides proof of receipt. Reimbursement for loss, theft or damage to any Photograph(s) shall be in the amount of the value entered for that Photograph(s) on the front of this form. Both Client and KachaBank agree that the specified values represent the fair and reasonable value of the Photographs. Client agrees to reimburse Panoramastock for these fair and reasonable values in the event of loss, theft or damage.


9.Releases

Client agrees to indemnify and hold harmless. KachaBank against any and all claims, costs, and expenses including attorney fees, arising when no model or property release has been provided to the Client by KachaBank or when the uses exceed the uses allowed pursuant to such a release.

10.Assignment

Neither party shall transfer or assign any rights or obligations hereunder without the consent of the other party, except that KachaBank shall have the right to assign monies due.


11.Miscellanous

This agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This agreement constitutes the full understanding between the parties hereto. Its terms may only be modified by a written instrument signed by both parties. A waiver of breach of any of the provisions of this Agreement shall ot be construed as a continuing waiver of other breaches of the same of other provisions hereof.

12.Disclaimers

Although KachaBank uses its best efforts to ensure the accuracy of the Content on the site, this site may contain errors, mistakes or inaccuracies. We make no guarantees as to the accuracy, correctness or reliability of the Content. KachaBank may change the Content ofaccuracy, correctness or reliability of the Content. KachaBank may change the Content of this site, at any time, without prior notice.

In no event shall KachaBank be liable to you for any damages of any kind arising out of or in connection with the use of this site.

There may be links to other websites from the KachaBank website; however as those websites are not under the control of KachaBank we are not responsible for any content contained therein or any damages you may suffer in relation to your use of such websites. You hereby agree to waive any and all claims against KachaBank regarding the inclusion of links to outside websites or your use of those websites.


13.Divisibility

Should any clause of these Terms and Conditions be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.

14.Law and Venue

These Terms and Conditions of use shall be interpreted, construed and governed by the laws of People's Republic of China, and all disputes arising under the present shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Shanghai, China.

Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration.

We reserve the right to change these Terms and Conditions of Use, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between KachaBank and you relating to your use of this website.

KachaBank provides services in accordance with the provisions of the service agreement, which has the effectiveness of a contract. You must fully agree with the agreement before you are able to enjoy the services provided by this website. Logging in KachaBank website indicates that you fully accept all the terms of the agreement.
Important Notice: KachaBank hereon particularly reminds the users to read the agreement carefully --- the users should carefully read all the terms in this "KachaBank Seller User Agreement" (hereinafter referred to as "agreement"), including the liability-exemption term which exempts or limits the liability of KachaBank, and restrictions on the rights of the users. Please review and accept or not accept the "agreement" (minors should be accompanied by legal guardians in the review). Unless you accept the terms in the "agreement", you have no right to use the related services provided by this website. Your acts of use will be considered as the acceptance of the "agreement" as well as the restrictions of the terms in the "agreement".

Definition:
Party A: Users who use KachaBank website and enjoy the seller’s services provided by KachaBank.
Party B: KachaBank.
Party B is a professional e-commerce company which devotes itself to provide an online trading platform for visual works through the Internet. Party B founds and maintains its subordinate websites to provide services of the above business.
Party B's subordinate websites include but are not limited to: KachaBank.com
In order to provide better services, Party B will found or purchase new Web sites. The subordinate websites referred to in the agreement also include the new websites released by Party B in the future.
As a visual-work provider who agrees to sign the agreement, Party A has the ability to provide a variety of visual works Party B requires and owns the copyright of the corresponding visual works. Party A can manage and promote its visual works on its own through Party B.
The visual works referred to in the agreement include but are not limited to photographs, hand-painted illustrations, comics, paintings, digital art images, vector graphics and video materials.
The following provisions are agreed by the two sides through friendly consultations:
Article 1, platform operating services: Party A pays to Party B for technical platform and marketing services and can upload visual works, display and sell the copyright or right of use of visual works on Party B’s website. Party A authorizes Party B to execute the online orders obtained by Party A on Party B’s website, the sales revenue is collected by Party B and divided by the agreed proportion. As to the transactions Party A closes with its clients without passing the trading system of Party B, Party B does not guarantee (including but not limited to): the quality, safety or legality of the visual works involved in the transactions, the authenticity or accuracy of the commercial and trade information, and the ability of the transaction sides to fulfill its obligations in the trade agreement.
Article 2, the Acting Services: Party B is authorized to directly sell the right of use of the visual works Party A manages and sells through Party B. Party A authorizes Party B the following global non-exclusive rights of use: right of making digital products, right of communication on network, publishing right of books, newspapers and magazines, reproduction right of papers, right of compilation, right to use crafts and advertising designs, production and exhibition rights of audio-visual products. Party B is entitled to compile, store and acquire Party A’s visual works from the computer hard disks, floppy disks, CD-ROMs, databases and web servers. Party B has the right to reproduce, display and sell the visual works of Party A; Party B has the right to lay down the sales prices and use of Party A’s visual works; Party B has the right to authorize third parties to use Party A’s visual works.
Article 3, distribution-authorized and sales services: Party B is entitled to authorize the selling right of the visual works Party A manages and sells through Party B to other enterprises and organizations (hereinafter referred to as "agents")within the whole world. Party B will carefully study and monitor the sales and services of the agents. When Party B authorizes the selling right of Party A’s visual works to the agents, it will be responsible for collecting money, corresponding after-sale services and the costs needed.
Article 4, copyright statement of visual works: Party A assures and declares full legal copyright of all the visual works provided in its online stores, and its visual works should not involve any illegal content which infringes copyright, trademarks, reputation, privacy and all other illegal content. Party A guarantees to resolve the problems containing portraiture right, property right or right of reputation etc. found in the all the visual works it provides.
Party A should bear full responsibility of all the loss of Party B and purchasing users as a result of the visual works’ copyright, portraiture right, property right or right of reputation and so on. Party A should be fully responsible for all the consequences caused by the illegal content in the visual works it provides. Party B promises to distribute the copyright of the visual works in accordance with China's copyright and intellectual property right-related laws, regulations and rules and international practice and protect the legitimate rights and interests enjoyed by Party A. Party B is entitled to use the visual works provided by Party A in the company as well as in the publicity and promotion campaigns conducted for sale and agency business without paying royalties to Party A.
Article 5, authorization information of the index and right of use of visual works: Party A should note the detailed and real information about all the visual works submitted in online stores in accordance with the process and requirements provided by Party B, including titles, keywords, the authorization of portraiture right, property right authorization and the descriptions of visual works, etc. Party A should also select the appropriate way of authorizing rights of sale and use in accordance with the types of visual works as well as Party B’s platform settings. This part of information can also be complemented, adjusted and amended by Party B’s staff or staff authorized by Party B. The visual works information noted and selected by Party A on its own will be viewed as part of visual works’ right of use authorization agreement. Party A must carefully fill in and select real information and be responsible for all the legal responsibilities caused by the filling of unreal information.
Party A and the final purchaser will be bound to implement the rights and obligations. The information Party A notes and selects for the visual works is generated by management procedures and professional services established in accordance with Party B, and the right of information of this part belongs to Party B.
Article 6, the exclusive rights of the same visual works: In order to protect the interests of both sides and visual works’ purchasing users, Party A shall not upload and authorize other enterprises and organizations to distribute the same visual work it has uploaded in online stores. Party A still has the right to sell images directly to other institutions or individuals. Party B will strictly control the image buyers’ scope of use and storage time limits of their images on Party B’s platform. If Party A sends the same image to a number of institutions for distribution without complying with this provision, Party B will not be responsible for the disputes and losses caused. If economic losses have been caused, Party B will retain the right to claim economic losses from Party A.
Article 7, the platform performance pledges: Party B is responsible for maintaining normal operation of its subordinate websites and trading platform, and properly storing Party A’s online store information and visual works for at least one year. If Party A purchases the paid services provided by Party B, the performance pledges will be implemented in accordance with the corresponding terms of services. Party B is entitled to delete from the database the visual works provided by Party A which are not in conformity with the regulations in accordance with the regulations published by Party B's subordinate websites without notifying Party A.
Article 8, legal validity of the regulations published by Party B's subordinate websites: The service agreement includes the body and all kinds of rules that have been issued or may be issued by Party B's subordinate websites in the future. Each rule is an inseparable part of the agreement and has the same legal effect as the body. The documents indicated by the text links without the typefaces of “rule” in Party B’s subordinate websites do not belong to the service agreement, but they are the content of other agreements or relevant data and have no direct legal relations with the agreement. Users undertake to accept and comply with the provisions of the relevant rules in use of the services provided by Party B. Party B is entitled from time to time to enact, amend the rules of various kinds in accordance with the needs, if there is any change in the rules, Party B will announce on the website to notify the users. All kinds of rules will take effect after publication and become part of the agreement. Continuing to use the platform services will indicate that users have accepted the revised agreement. Unless otherwise explicitly stated, any new content that will expand the scope of services or enhance the functions of services is restricted by the agreement.
Article 9, tort claims: If a third person uses the visual works Party A stores on Party B’s platforms without the authorization of Party A, Party B or the agent, or infringes the copyrights of Party A’s visual works, Party A fully authorizes Party B to negotiate with the third party, including but not limited to consultation with the third party and lodging a complaint at a People's Court with jurisdiction. Any compensation Party B has received will be distributed averagely between the two parties after deducting all the expenses Party B has paid for the claims.
Article 10 transfer prohibiting: Any party to the agreement shall not transfer part or all of the rights and obligations to a third party without the written consent of the other party, but Party B’s agent cooperation with a third party, merger, reorganization, sale of all or part of its property because of operational needs are excluded.
Article 11, Settlement of disputes: Both parties should first settle the disputes in the course of the implementation of the agreement through consultation. If the consultation fails, both parties agree to submit all the disputes as a result of the implementation of or relating to the agreement to Beijing Arbitration Commission for arbitration in accordance with its rules, its decision is final and binding on both parties.
Article 12, the applicable laws: The establishment, effectiveness, interpretation, implementation and disputes settlement of the agreement are all protected and governed by the laws of the People's Republic of China. Any party’s violation of any provision in the contract is considered a breach of the contract, and the other party may claim for all the losses resulted from the breach in accordance with the laws.
Article 13, non-employment relationship: Party A and Party B are respectively independent contractors, and the employment relationship does not exist between them.
Article 14, The agreement has long-term effectiveness. If any party is going to terminate the agreement ahead of time, it shall put forward in written form 60 days in advance to the other party. Any change to the content of the contract or early termination of it must maintain customers’ rights of using authorized visual works, and to ensure that customers’ uses of visual works will not be impacted on is the supreme principle. During the effective period of the contract, if either party unilaterally terminates the contract without following the above procedures, it should compensate for all the consequential losses of the other party.
Article 15, Both parties should settle the disputes in the course of the implementation of the contract through consultation. If the consultation fails, both parties agree to submit the disputes to Shanghai Arbitration Commission for arbitration, whose decision is binding on both parties. Meanwhile, the winning party has the right to demand compensation for reasonable attorney fees and other related legal costs from the other party.
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