Model and Property Release

This Model and Property Release Policy ("Policy") outlines the requirements for obtaining and submitting valid releases for identifiable individuals ("Model Releases") and private property ("Property Releases") depicted in digital content ("Content") uploaded to PixoraHub.com ("PixoraHub" or "Platform"). This Policy is a critical component of our Contributor Agreement Policy and Content Submission Guidelines. By submitting Content to PixoraHub, you ("Contributor," "You," or "Your") confirm your understanding and agreement to comply with these requirements, ensuring legal compliance and ethical practices for our global microstock marketplace, operating from Mozambique.

1. Introduction

At PixoraHub, we are committed to upholding the privacy rights of individuals and the property rights of owners. To ensure the legal and ethical integrity of the Content available on our platform, particularly for commercial licensing, it is imperative that all Contributors obtain and provide proper authorization when identifiable individuals or private property are depicted. This policy details when and how these releases are required.

2. General Principle: Commercial Use Requires Releases

For Content to be licensed for commercial use through PixoraHub, any identifiable person or private property depicted within that Content generally requires a valid, signed release. This ensures that the individuals or property owners grant permission for their likeness or property to be used commercially, protecting both the Contributor and the end-user (Licensee) from potential legal claims.

3. Model Release Requirements

3.1. When is a Model Release Required?

A Model Release is mandatory for any Content that features identifiable individuals. An individual is considered "identifiable" if they can be recognized by their face, body, distinctive tattoos, clothing, unique characteristics, or by a combination of elements. This applies regardless of whether the person is a main subject or in the background.

• Identifiable Individuals: Any person whose likeness is discernible.
• Implied Identity: Even if a face is obscured, if other elements (e.g., specific clothing, unique posture, context) could lead to identification, a release is required.
• Age of Consent: For individuals under the legal age of majority (typically 18 years old), the Model Release must be signed by their parent or legal guardian.
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3.2. What Must a Model Release Include?

A valid Model Release must typically contain:

• The full legal name, address, and signature of the model.
• If the model is a minor, the full legal name, address, and signature of their parent or legal guardian, along with a statement confirming their legal relationship to the minor.
• The date the release was signed.
• A clear statement granting the Contributor and PixoraHub (and its Licensees) the right to use the individual's likeness in the Content, including for commercial purposes, without further compensation or notification.
• A description of the Content in which the model appears (e.g., a reference to the shoot date, location, or image file names).
• Witness information (name and signature) if required by local law or best practice.
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3.3. Sensitive Contexts

If Content featuring an identifiable individual is to be used in a sensitive context (e.g., related to medical conditions, social issues, crime, sexually explicit topics, or endorsing a product/service), the Model Release must explicitly grant permission for such sensitive or potentially controversial uses. PixoraHub may reject Content for sensitive use if the release does not specifically cover it, even if a general release exists.

4. Property Release Requirements

4.1. When is a Property Release Required?

A Property Release is mandatory for Content that features identifiable private property where permission from the owner is legally required for commercial use. This includes:

• Private Residences: Interior or exterior of private homes, offices, or other private buildings.
• Unique Structures/Architecture: Distinctive private buildings, architectural designs, or interiors (e.g., famous private landmarks, unique shop interiors).
• Artworks/Sculptures: Identifiable works of art, sculptures, murals, or installations that are copyrighted and privately owned.
• Trademarks/Logos: Prominently featured, recognizable trademarks, logos, or branded products (unless incidental or part of a public domain setting).
• Pets/Animals: If a specific, identifiable pet is the main subject.
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4.2. What Must a Property Release Include?

A valid Property Release must typically contain:

• The full legal name, address, and signature of the property owner (or authorized representative).
• The date the release was signed.
• A clear description of the property.
• A statement granting the Contributor and PixoraHub (and its Licensees) the right to use images of the property in the Content, including for commercial purposes, without further compensation or notification.
• Witness information (name and signature) if required.
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4.3. Exceptions for Public Property/Editorial Use

• Public Spaces: Generally, photos of public spaces (e.g., streets, public parks, unidentifiable crowds) do not require property releases unless there is clearly identifiable private property (e.g., a specific commercial building or artwork) that is the main subject.
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• Editorial Use: Content intended solely for editorial use (e.g., news, documentary, factual reporting) may not require releases if it accurately depicts events or public interest subjects where obtaining releases is impractical or legally unnecessary. Such Content must be clearly marked as "Editorial Use Only" during submission and is subject to strict usage limitations for Licensees as per our Licensing Agreement.
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5. Contributor Responsibilities for Releases

5.1. Obtaining and Validating Releases

You are solely responsible for:

• Obtaining all necessary, valid, and legally enforceable releases before submitting Content to PixoraHub.
• Ensuring the accuracy and completeness of all information within the releases.
• Verifying the legal capacity of the signatory (e.g., adult age, legal guardian status).
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5.2. Submission of Releases

You must upload legible copies of all required Model and Property Releases directly to PixoraHub alongside your Content submissions, in the designated format. Content submitted without the necessary releases, or with invalid/incomplete releases, will be rejected.

5.3. Retention of Originals

You must retain the original, signed copies of all releases for your records. PixoraHub may request to review these originals at any time.

5.4. Indemnification for Missing/Invalid Releases

You agree to indemnify, defend, and hold harmless PixoraHub, its affiliates, directors, officers, employees, agents, and Licensees from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your failure to obtain, or provide upon request, a valid Model or Property Release for any Content submitted by you.

6. PixoraHub's Review and Discretion

PixoraHub reserves the right to review all submitted releases and to reject Content if, in our sole discretion, the releases are deemed insufficient, invalid, or do not adequately protect PixoraHub and its Licensees from potential legal claims. This includes situations where:

• The release is incomplete or illegible.
• The signature appears questionable.
• The release does not cover the specific Content or its intended use.
• The model or property owner is not clearly identifiable from the release documentation.
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7. Consequences of Non-Compliance

Failure to comply with this Model and Property Release Policy may result in:

• Rejection of your Content.
• Removal of previously accepted Content from the Platform.
• Suspension or termination of your Contributor account.
• Forfeiture of any earnings related to the non-compliant Content.
• Potential legal action by affected individuals or property owners.
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8. Amendments to Policy

PixoraHub reserves the right to modify this Model and Property Release Policy at any time. We will notify you of any material changes by posting the updated Policy on our Platform or by email. Your continued submission of Content after such modifications constitutes your acceptance of the revised Policy.

Pixorahub.com

Maputo – Mozambique

Email: support@pixorahub.com

Phone: +258 86 801 1172