Terms of Use — Contributor Portal

Effective Date: May 6, 2026 · Last Updated: May 6, 2026

These Terms of Use ("Terms") govern your access to and use of upload.broadimage.com and all related services (the "Portal") provided by Broadimage ("we", "us"). By accessing or using the Portal as a contributor, you accept these Terms and our Contributor Submission Agreement.

Important: These Terms include a binding arbitration clause and a class-action waiver (Section 13). Please read carefully.

1. Acceptance

By accessing or using the Portal, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, our Contributor Submission Agreement, and our DMCA Policy. If you do not agree, do not use the Portal.

2. Eligibility

You must be at least 18 years old and able to enter into a binding contract. The Portal is not directed to minors.

3. Contributor accounts

To submit content as a contributor, you must register and provide accurate, complete information including legal name, country, contact email, phone number, and (for royalty payment) tax identification and payment routing details. You are responsible for:

Maintaining the confidentiality of your sign-in credentials
All activity that occurs under your account
Notifying us promptly of any unauthorized use at legal@broadimage.com
Keeping payment and tax information current

We may suspend or terminate accounts that violate these Terms, our Contributor Submission Agreement, applicable law, or that pose risk to other users or to Broadimage.

4. License to use the Portal

Subject to your compliance with these Terms, Broadimage grants you a limited, non-exclusive, non-transferable, revocable license to access the Portal for its intended contributor-submission purpose. This license does not grant any right to:

Reproduce, distribute, sub-license, sell, lease, modify, or create derivative works of the Portal or its software
Use the Portal for any purpose other than legitimate contributor submission and account management
Reverse-engineer, decompile, or attempt to derive source code
Bypass, disable, or interfere with security features
Interfere with the operation of the Portal or other contributors' use

5. Submitted content

All photographs, video, audio, captions, metadata, and other media you upload (collectively, "Submitted Content") are governed by the Contributor Submission Agreement. By uploading, you grant Broadimage the rights specified in that Agreement, retain copyright in your work, and warrant that you have all rights necessary to grant the license.

6. Prohibited content

You may not upload content that:

Infringes any third party's copyright, trademark, privacy, publicity, or contract rights
Is staged, manipulated, or AI-generated and presented as factual editorial content
Is defamatory, libelous, obscene, pornographic, or otherwise unlawful
Depicts identifiable persons in non-newsworthy contexts without proper releases
Contains false or misleading metadata or captions
Constitutes work-for-hire owed to a third party (e.g., your employer or a commissioning client)

7. Prohibited uses of the Portal

You may not use the Portal to:

Engage in unlawful, fraudulent, or deceptive activity
Harass, defame, threaten, or impersonate another person
Upload viruses, malware, or any malicious code
Attempt unauthorized access to systems, accounts, or data
Use automated systems to scrape, harvest, or replicate Portal content or data
Bypass our content acceptance, metadata, or quality-review processes

8. Intellectual property

The Portal, including its software, design, layout, trademarks, logos, and Broadimage branding, is owned by or licensed to Broadimage and is protected by U.S. and international intellectual-property laws. "Broadimage" and the Broadimage logo are trademarks of Broadimage. You retain copyright in your Submitted Content, subject to the license you grant under the Contributor Submission Agreement.

9. Copyright complaints (DMCA)

If you believe content on the Portal infringes your copyright, send a notice in compliance with our DMCA Policy.

10. Disclaimers

THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. BROADIMAGE DOES NOT WARRANT THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PARTICULAR ROYALTY OUTCOME WILL RESULT FROM CONTRIBUTOR PARTICIPATION.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BROADIMAGE, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PORTAL.

BROADIMAGE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PORTAL WILL NOT EXCEED THE GREATER OF (a) THE ROYALTIES PAID TO YOU IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Broadimage, its affiliates, distribution partners, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Portal, (b) your violation of these Terms or the Contributor Submission Agreement, (c) your violation of any third-party right (including intellectual property, privacy, or publicity), or (d) any content you submit to the Portal.

13. Governing law and dispute resolution

13.1 Governing law

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

13.2 Binding arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Portal, or the Contributor Submission Agreement (a "Dispute") will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures, with the seat of arbitration in Los Angeles County, California. Judgment on any award may be entered in any court of competent jurisdiction.

Either party may bring qualifying small-claims actions in court instead of arbitration. Either party may seek emergency or injunctive relief in a court of competent jurisdiction to prevent unauthorized use of intellectual property pending arbitration.

13.3 Class-action waiver

YOU AND BROADIMAGE EACH AGREE THAT DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THIS WAIVER IS A MATERIAL TERM OF THESE TERMS.

13.4 Opt-out of arbitration (30-day window)

You may opt out of the arbitration provision and class-action waiver by emailing legal@broadimage.com within 30 days of first accepting these Terms, with the subject "Arbitration Opt-Out" and including your full name, account email, and a clear statement that you wish to opt out.

14. International users

The Portal is operated from the United States. If you access from outside, you do so on your own initiative and are responsible for compliance with local laws. Your information may be transferred to and processed in the United States.

Nothing in these Terms shall be construed to waive any non-waivable rights you may have under the laws of your jurisdiction.

15. Changes to these Terms

We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent change. Material changes will be notified by email and by prominent notice on the Portal. Continued use after changes take effect constitutes acceptance.

16. Termination

We may suspend or terminate your access to the Portal at any time, with or without notice, for any reason — including breach of these Terms, breach of the Contributor Submission Agreement, fraud, false metadata, repeat copyright infringement, or non-payment of obligations to Broadimage. Sections that by their nature should survive termination (intellectual property, indemnification, limitation of liability, governing law, dispute resolution) will survive.

17. Severability and entire agreement

If any provision of these Terms is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. These Terms (together with the Privacy Policy, Cookie Policy, Contributor Submission Agreement, and DMCA Policy) constitute the entire agreement between you and Broadimage regarding the Portal.

18. Contact

Legal questions: legal@broadimage.com
Contributor support: support@broadimage.com
Phone: +1 310 697 2999