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Aeonwall

Creator Agreement

This Creator Agreement (the “Agreement”) governs the relationship between you (the “Author” or “Creator”) and Aeonwall (the “Platform”, “we”, “us”) regarding any Content you upload, share, or offer for sale on Aeonwall. It is separate from, and additional to, the Aeonwall Buyer License Agreement, which governs the relationship between an Author and a Buyer once Content is sold. By creating an account and uploading Content, you agree to be bound by this Agreement.

This Agreement forms part of the Aeonwall Terms and Privacy Policy and should be read together with them, and with the Aeonwall Community Guidelines.

1. Definitions and the Two Content Modes

Aeonwall distinguishes between two modes in which Content may exist on the Platform. Every piece of Content is at all times in exactly one of these two modes, and the Author may switch modes as described in Section 4.

1.1 Share Mode

Content in Share Mode is displayed on the Author's profile and in the social feed for the purpose of networking, community-building, and self-expression. Share Mode Content is not offered for sale and is not licensed to Buyers. Section 2 of this Agreement applies to Share Mode Content.

1.2 List-for-Sale Mode

Content in List-for-Sale Mode is offered for purchase by Buyers under one of the license models described in the Aeonwall Buyer License Agreement (Free, Premium, or Exclusive; Editorial or Commercial). Section 3 of this Agreement applies to List-for-Sale Mode Content, in addition to Section 2.

2. Rights Granted to Aeonwall - Share Mode

For Content in Share Mode, the Author grants Aeonwall a non-exclusive, worldwide, royalty-free license to:

  • host, store, and technically reproduce the Content as necessary to operate the Platform;
  • display the Content on the Author's public profile, in the social feed, in search and discovery features, and to the Author's followers and connections;
  • generate technical thumbnails, previews, and compressed versions for performance purposes;
  • use the Content in aggregate, anonymized, or de-identified form for analytics.

Aeonwall will not apply a sales watermark to Share Mode Content, will not offer it for purchase, and will not sublicense it to any Buyer. This license ends when the Author deletes the Content, subject to Section 8 (caching and backup exceptions) and Section 6 (survival of prior lawful uses).

Aeonwall may use Share Mode Content for its own marketing or promotional purposes (e.g., app store previews, social media promotion of the Platform) only with the Author's separate, explicit opt-in consent, which may be withdrawn at any time. This opt-in is requested and recorded outside of and in addition to the upload flow.

3. Rights Granted to Aeonwall - List-for-Sale Mode

When an Author switches Content to List-for-Sale Mode, the Author additionally grants Aeonwall the following rights, on top of those granted under Section 2:

  • to apply the Aeonwall watermark to preview versions of the Content;
  • to display the Content in the Marketplace, in relevant search, category, and recommendation features;
  • to sublicense the Content to Buyers strictly in accordance with the license model (Free / Premium / Exclusive; Editorial / Commercial) selected by the Author at the time of listing, as defined in the Aeonwall Buyer License Agreement;
  • to retain the Aeonwall commission described in Section 5 from each sale.

3.1 Author Confirmations Required Before Listing

Before Content can be switched to List-for-Sale Mode, the Author must confirm, via the Platform's upload interface:

  • that the Author is the sole creator and rights holder of the Content, or holds all rights necessary to license it;
  • whether the Content shows recognizable people, private property, or third-party trademarks and, if so, that a valid release exists, or that the Content is flagged as “Editorial only - no release”;
  • the selected license model (Free / Premium / Exclusive) and usage type (Editorial / Commercial), as defined in the Buyer License Agreement.

These confirmations correspond to, and do not replace, the Author's representations and warranties under Section 8 of the Aeonwall Buyer License Agreement, which continue to apply in full to any Content in List-for-Sale Mode.

3.2 Exclusive Content

For Content listed as Exclusive, the Author agrees not to license, sell, or distribute the same or substantially similar Content on any other platform for as long as it remains listed as Exclusive on Aeonwall, as further described in Section 3.3 of the Buyer License Agreement.

4. Switching Between Modes

An Author may switch Content from Share Mode to List-for-Sale Mode at any time, including years after the original upload - for example, when a photograph gains historical, cultural, or newsworthy relevance over time. Switching to List-for-Sale Mode requires the confirmations described in Section 3.1 to be completed at the time of the switch, based on circumstances as they exist at that time.

An Author may switch Content from List-for-Sale Mode back to Share Mode at any time. This removes the Content from the Marketplace and ends Aeonwall's right to offer it to new Buyers, but does not affect licenses already granted to Buyers prior to the switch, which remain valid under the Buyer License Agreement.

5. Commission and Payment

5.1 Taxes. The Author is solely responsible for determining and paying any taxes owed on income earned through the Platform. Aeonwall may be required to report payouts to tax authorities in accordance with applicable law.

6. Duration, Withdrawal, and Termination

6.1 This Agreement remains in effect for as long as the Author maintains an Aeonwall account and applies separately to each item of Content at the time it is uploaded, shared, or listed.

6.2 The Author may delete Content or close their account at any time. Deletion of List-for-Sale Content removes it from the Marketplace for future sales but does not affect licenses already granted to Buyers before deletion, which remain valid and enforceable under the Buyer License Agreement.

6.3 Aeonwall may suspend or terminate an Author's access to List-for-Sale Mode, or to the Platform generally, for violation of this Agreement, the Buyer License Agreement, the Community Guidelines, or applicable law, including repeated infringement of third-party rights.

6.4 Sections 5 (as to amounts already earned), 7 (Warranties), 8 (Indemnification), and 10 (Governing Law) survive termination of this Agreement.

7. Author's Representations and Warranties

In addition to the confirmations given at the time of listing under Section 3.1, the Author represents and warrants on an ongoing basis that: (a) the Author is at least 18 years old, or the age of majority in their jurisdiction, or has the consent of a parent or legal guardian to use the Platform and enter into this Agreement; (b) all information provided to Aeonwall, including creation date and place of origin metadata, is accurate to the best of the Author's knowledge; and (c) the Author's use of the Platform, including all uploaded Content, complies with the Aeonwall Community Guidelines and applicable law.

8. Indemnification

The Author agrees to indemnify and hold harmless Aeonwall, its officers, employees, and affiliates from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of a breach of this Agreement by the Author, or the Author's violation of applicable law, to the same extent as set out in Section 9 of the Buyer License Agreement.

9. Digital Legacy

This Section supplements Section 14 of the Buyer License Agreement. An Author may, in their account settings, designate a legacy contact and provide instructions for the handling of their Content (in both Share and List-for-Sale Mode) in the event of death or incapacity, including whether List-for-Sale Content should continue to be offered for sale and how resulting proceeds should be handled. In the absence of such instructions, Aeonwall will act in accordance with its Digital Legacy Policy then in effect and applicable inheritance law.

10. Governing Law, Language, and Dispute Resolution

This Agreement is governed by Austrian and applicable European Union law. The courts having jurisdiction over Aeonwall's registered seat in Vienna, Austria shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement, without prejudice to any mandatory consumer-protection venue rights the Author may have under applicable law.

This Agreement is drafted in German. Any translation, including this English version, is provided for convenience only; in the event of a discrepancy, the German version prevails.

11. General Provisions

Entire Agreement. This Agreement, together with the Aeonwall Terms, Privacy Policy, Community Guidelines, and Buyer License Agreement, constitutes the entire agreement between the Author and Aeonwall regarding the hosting, sharing, and licensing of Content.

Amendments. Aeonwall may update this Agreement from time to time. Material changes will be communicated with reasonable notice; continued use of the Platform after such notice constitutes acceptance of the updated Agreement.

No Waiver. The failure of Aeonwall to enforce any provision of this Agreement shall not be construed as a waiver of that provision.

Severability. Should any individual provision of this Agreement be found invalid or unenforceable, the validity of the remaining provisions shall not be affected.

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