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Terms and Conditions
SUMMARY...The small print in bigger print
- “Stockimo” is the Stockimo App.
- “Alamy” is the company that owns the App (Alamy Ltd whose registered office is at 6 - 8 West Central, 127 Olympic Avenue, Milton Park, Abingdon, Oxon, OX14 4SA). It has a website www.alamy.com that sells photography to customers, including designers, publishers, and advertisers.
- Your photos will be for sale on Alamy and via the Alamy distribution network.
- Alamy will determine how, where, and by what business models the photos will be sold and you cannot restrict sales opportunities, including territory or usage.
- Alamy’s customers cannot use photos for pornographic, defamatory, or any other unlawful purposes.
- We’ll report sales on the app and pay you by PayPal if you have made at least $10.
- You are responsible for the content you upload, and you must be the copyright holder or have their permission.
- Alamy may delete images at any time.
- You will only be known by your Stockimo Username on the App and on Alamy and other sales outlets.
- We will share with other users data about photos that have sold and/or that are liked by customers.
Your Stockimo Contributor Agreement
By downloading and using the Stockimo App and/or the Stockimo Services, you (“you” / “Contributor”) in your capacity as contributor of Images agree that the following terms and conditions shall constitute a legally binding contract between you and Alamy Limited (“Alamy”) and govern your use of the Stockimo App and the Stockimo Services and the relationship between you and Alamy.
If you are a private individual, this Agreement is only valid if you are at least 18 years old on the day of entering into this Agreement. If you are a legal entity, this Agreement is valid only if entered into by an authorized representative of that entity.
Stockimo App and Stockimo Market
- Key Terms
- You wish to appoint the Alamy Group (“Alamy” / “we”/ “us”) to exploit all rights in the Images throughout the World in all media.
- Under this Agreement Alamy is authorized:
- to make the Images available as Alamy in its sole and absolute discretion chooses, including without limitation on the Stockimo Market, and without any restriction on territory or nature of end use;
- to license the Images to Customers on the basis of a Royalty Free License or using any other licensing type or arrangement or terms at Alamy’s sole and absolute discretion;
- to set and agree prices and pricing models in its sole and absolute discretion and to adjust any such prices and pricing models upward or downward at its sole discretion at any time, to run promotional campaigns covering all or some of the Images on Stockimo Market, and to create bundles, compilations, and portfolios of Images and to set the prices for such campaigns, bundles, etc., at its sole discretion;
- to deduct its commission and fees as set out in the Stockimo Commission Table; to remit the balance on a monthly basis, if you are owed more than $10, to a PayPal account that you supply.
- Under this Agreement (subject to the restrictions stated herein) you have the right to:
- Supply your Images on a non-exclusive basis and may therefore sell your Images in any other way you wish;
- Delete any Images via the Stockimo App at any time, provided you agree that Alamy may continue to license the deleted Images to Customers for a period of one hundred and eighty (180) days following deletion.
- Under this Agreement you must:
- Be the Copyright Owner of the Images or have authority from the Copyright Owner to enter into this Agreement;
- Grant Alamy and/or the Customer the right to alter Images provided such alteration is not pornographic, defamatory, or otherwise unlawful and you undertake that the person who created the Image has waived all moral rights in respect of use of the Image by Alamy, its Customers, or any other third parties;
- Ensure all Metadata is factually correct and keep it up to date;
- Ensure that where you have indicated that Permissions exist, you are able to make evidence available to Alamy if so requested.
TERMS AND CONDITIONS OF THIS AGREEMENT
- The Images must comply with all technical, quality, content, and other criteria and requirements relating to the Stockimo App and/or Stockimo Market as set out by Alamy from time to time. Alamy reserves the right to review all Images uploaded to Stockimo Market and to remove at any time any Images that Alamy deems, in its sole discretion, not to be in accordance with the terms of this Agreement. Alamy further reserves the right to remove any Images as Alamy deems, in its sole discretion that: (i) do not fulfil the quality requirements and standards set from time to time by Alamy, (ii) do not fulfil a need or demand on Stockimo Market (e.g. an Image on a topic/motif which is already well covered) or (iii) are not subject to any transactions, or are slow-selling. You agree that Alamy, third parties authorized by Alamy, and other designated third parties have the right to review and delete any Images that do not comply with any of these criteria or for any other reason at Alamy’s sole discretion.
- Acceptance of an Image shall be at the sole discretion of Alamy, third parties authorized by Alamy, and other designated third parties and you agree that Images may be rejected or deleted at any time at the absolute discretion of any such parties and any such material will no longer form part of Stockimo Market.
- You accept that you are solely and exclusively responsible for all Images that you submit, process, or handle by use of the Stockimo App and/or Stockimo Services and for all data that you store on Alamy’s servers. You acknowledge that Alamy does not and cannot review all Images uploaded to Stockimo Market and is not responsible for the Images. Where Alamy makes available Images, this should be considered only as a courtesy and does not limit your responsibility for the Images
- You undertake not to use the Stockimo App and/or Stockimo Services for the purposes of uploading, posting, e-mailing, or in any other way processing or forwarding Images in breach of applicable law (including but not limited to information that may be deemed to constitute incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, unlawful description of violence, and/or violation of copyright or any intellectual property law or violations of data protection laws) or that may in any other way be conceived as threatening, insulting, racist, offensive, vulgar, and/or indecent or which involves infringement of a private individual’s personal sphere or the infringement of a third party trademark or copyright or other intellectual property right.
Categorization and handling of images
- On Stockimo Market Images are categorized as either editorial or commercial. For comments on how such categorization is made, please view the guidelines available on the Stockimo App or Stockimo website. It is your responsibility initially to categorize an Image as editorial or commercial, but Alamy reserves the sole and exclusive right to review and to categorize Images at its sole discretion as it sees fit.
- Alamy shall be entitled to create compilations or portfolios of Images (by you or by combining Images from you and different contributors) and to classify or tag Images at its sole and absolute discretion.
- You agree that Alamy may from time to time grant to the operators of public search engines permission to use search engines or search spiders to copy Images for the sole purpose of creating publicly available searchable indices of the Images.
- Alamy reserves the right to auto assign metadata from information stored within the Image, including without limitation GPS location.
- Alamy and its authorized agents or designated third parties shall have the right to add, amend, or delete any captions, keywords, or metadata for an Image for any reason at Alamy’s sole discretion, including without limitation if this would be likely to increase the sales potential for that Image or if it believes the captioning, keywords or metadata to be incorrect.
- When downloading and installing the Stockimo App you may be presented with a list of permissions which detail the functions the Stockimo App needs to access on your cell phone or other device. You accept that the use of the Stockimo App is conditional on the granting of such permissions by you.
- You accept that the Stockimo App may access any images stored on your cell phone or other device if you have given permission for it to do so.
- The Stockimo App may be updated or amended from time to time and you accept that your continued use is subject to your acceptance of any such updates or amendments.
- You accept that we may make available via the Stockimo App a list of images sold and/or liked by customers by you and others and that we are entitled to publish usage statistics including but not limited to revenue and /or customer likes in conjunction with your Username.
- Alamy undertakes, in accordance with this Agreement, from time to time to use reasonable efforts to give Customers access to Stockimo Market, through use of the Stockimo App or through connection to a web browser. Alamy undertakes to take reasonable steps to ensure that Stockimo Market is accessible 24 hours a day, seven days a week. However, Alamy reserves the right to, at its sole discretion and when it deems necessary due to technical, operational, maintenance, or security reasons, take measures which may affect the accessibility of Stockimo Market. You are aware that Stockimo Market may be closed down with immediate effect if Alamy deems necessary for security or other reasons.
- Stockimo Market does not protect against viruses or other harmful code and you are aware that all activities on Stockimo Market are carried out at your own risk. Alamy does not give any warranty regarding the availability of Stockimo Market and does not warrant that Stockimo Market is free from defects.
You warrant that:
- You have given full and accurate information at Registration including your full legal name and payment details and you will keep that information up to date at all times and You will provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via your account settings within the Stockimo App, which we will use to contact you for important account specific information such as contractual notifications, operational updates and service emails.
- The Copyright Owner solely owns the worldwide copyright and other intellectual property rights in the Images, except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third-party copyright, trademark, moral right, or other intellectual property rights.
- You are the original photographer of the image or where this Agreement is entered into by an agent on behalf of the Copyright Owner the agent has the full authority of the Copyright Owner to enter into this Agreement;
- Where the Images are listed as “News” or marked under the News section of Stockimo Market, you further represent and warrant to Alamy and to the Customer that the Content has not been manipulated, modified, or processed in any way that might affect its integrity;
- You hold the rights to grant, market, license, sell, or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, to make the Images available on electronic equipment, cell phones and mobile devices, CD-ROM, DVD and other similar media or via the Internet, and to include them in any catalog, Internet sites, or marketing in any form including without limitation the Stockimo Market (“the Rights”); Except for the Prior Rights (if any) there is not and will not during the term of this Agreement be any fetter on Alamy licensing each Image to a Customer to the fullest extent possible;
- You hold all Permissions needed for the exploitation by third parties of the Rights, including, without limitation, from subjects or owners of products or property depicted in the Images and/or original clients for whom the Images may have been created; you must make the Permissions available to Alamy if so requested. You will provide these Permissions to Alamy if requested at any time. Any exercise by Alamy of the Rights shall not violate the rights of any third party (including, without limitation, the rights of the subject of the Images), in particular with regard to laws relating to trademark, copyright, indecency and obscenity, privacy, publicity, and defamation within the UK, USA, or elsewhere;
- Where you have indicated that a Permission or any other release of a third party right including without limitation any copyright, trademark, or other intellectual property right is available, the release must (a) be legally binding and (b) authorize all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues, including but not limited to alcohol or substance abuse, tobacco, cigarettes, mental or physical health issues, criminal behaviour, sexual activity or orientation, arms and the military, sexual, physical and mental abuse; you must make the release(s) available to Alamy if so requested;
- The Image was not taken in any place where photography for commercial gain is forbidden, e.g. some museums, art galleries, and other public or private buildings or areas;
- You grant to Alamy and/or the Customer the right to alter the Images including any cropping, manipulation, combining, and creation of derivative images providing such alteration is not pornographic, defamatory, or otherwise unlawful. You undertake that the person who created the Image has waived all moral rights in respect of use of the Image pursuant to this Agreement by Alamy, its Customers or any third parties;
- There are and will be no claims by any other party in connection with the use or reproduction of any of the Images;
- You will ensure that all captions, tags (keywords), descriptions, and usernames or other information pertaining to the Images are and will remain accurate and do not infringe the copyright or other rights of any third party, and are not defamatory or pornographic;
- Any information supplied for display with any Image, including captions and keywords only includes information that is pertaining to the specific Image itself, and does not include contact details, web addresses, Uniform Resource Locators (URLs), and copyright and rights management information or, except in cases of journalism or news reporting or where the consent of any person shown in an Image has been obtained or another legitimate reason exists, any personal details from which a living person can be identified;
- Where an image submitted via the Stockimo App has been Licensed, you agree that you will not contact the Customer for any reason pertaining to this transaction;
- Where your Image(s) is included in search engine listing and promotion, no claim will be made by you for breach of copyright or otherwise in respect of the Image(s) displayed;
- Any user account and the password which you register for its use of Stockimo App are stored in a satisfactory manner and protected from being used by any third party. You are responsible for any and all unauthorized use of your user account and password until you have requested and Alamy has blocked the access to Stockimo Market for a specific user identity;
- You will use the Stockimo App and/or Stockimo Services only in accordance with this Agreement and Alamy’s applicable instructions from time to time. You are not entitled to use the Stockimo App and/or Stockimo Services in any way that may overload, disturb, harm, inactivate, or impair them, or use them in any way that may lead to transfer, distribution, or uploading of software or material containing harmful code, such as virus, time bombs, cancelbots, worms, Trojan horses, espionage software, or other potentially harmful software, material, or information.
Grant of License to the Images
You will indemnify, defend (at the request of Alamy), and hold Alamy and its sub-licensees and assigns harmless against any prejudice, damage, liability, or costs (including reasonable lawyers’ fees) which any of the indemnified parties incur arising from or in respect of any claim that there has been a breach of your representations, obligations, and warranties in this Agreement. This paragraph will remain in force after the termination of this Agreement.
Credits, Copyright Notices, and Promotion
You grant to Alamy a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, and display Images within the scope of the various functionalities of Stockimo Market from time to time and within the business of Alamy, including without limitation promoting Stockimo Market or redistributing Stockimo Market in any media formats and through any media channels.
You grant Alamy permission to sell your Images at any price and by any method we feel appropriate without Alamy having to consult you. Alamy has sole responsibility and authority to negotiate all terms of commissions, licenses and reproduction rights in the Images including the fee, duration, and scope of any license. You authorize Alamy to carry out or to agree to any cropping, manipulation, combining, and creation of derivative images.
Alamy shall have the right to supply Images to third parties for any purpose as solely decided by Alamy, including without limitation trials with new customers and prototypes/proof of concept. Where Alamy does not make a charge to these third-parties, you will not receive payment.
Statements and Payment
Customers of Alamy using Images for editorial uses will be asked to credit your Stockimo Username/Alamy.
Alamy cannot guarantee a photo credit in any instance and will not be held liable if a photo credit is not made; nor can Alamy guarantee if a photo credit is made that it will show your Pseudonym or, where applicable, your Agency Contributor name.
Alamy shall have the right, including in advertising and publicity in any media, to use your Username to advertise and promote the Stockimo App and/or Stockimo Services and/or the Alamy brand.
Provided you acknowledge Alamy’s rights you may use Stockimo’s trademarks in any lawful promotion or publicity without Alamy’s prior written consent. Pornographic, defamatory, or other unlawful use including use in unsolicited electronic communications is not permitted. Alamy shall be entitled to revoke this permission if it becomes aware of any use of its trademarks which it deems inappropriate.
Alamy will be entitled to the following Commission:
Stockimo Commission Table
|Type of Contributor
|Early Bird Contributor
|Existing Alamy Contributor
All percentages in the table above relate to the % share of Net Revenue
For the purposes of this clause;
“Net Revenue” means the License Fees derived from the exploitation of the Rights, less:
- Any amounts deducted by sub-agents or licensees including but not limited to Distributors (if applicable)
- Sales Tax (if applicable);
“Existing Alamy Contributor” means a Contributor that has registered as a Contributor on the Alamy Website before the Stockimo App launch date of 4th February 2014.
“Early Bird Contributor” means a Contributor that is not an Existing Alamy Contributor and that signs up on the Stockimo App on or before 31st December 2014.
“New Contributor” means a Contributor that is not an Existing Alamy Contributor and that signs up on the Stockimo App after 31st December 2014.
Alamy shall report all License Fees and transactions to you only via the Stockimo App.
If at the start of the first day of any calendar month your account balance exceeds $10 Alamy will within 30 days pay you the balance due to you being:
The payment due for each month shown in the statement shall be paid to you in the currency agreed from time to time by Alamy. However, no payment will be made, and the amount shall be carried forward to the following month, if
- the amount due is equal to or under US $10, or
- we have previously tried to pay you and your details are incorrect and have not been updated, or
- we are unable to pay you via the payment method you have chosen.
- If any amount due to you includes a fraction of one cent we may, at our option, round the fraction either up or down to the whole cent.
- Amounts due to you where you are not paid in US dollars shall be converted from US dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 2.5% of the spot rate on that day.
Alamy may recover by debiting your Stockimo account or otherwise:
- any sum incorrectly or inadvertently credited to your account.
- any amounts due from you to Alamy where you are also a purchaser from Alamy or a Distributor.
- all costs and handling charges incurred by Alamy but properly payable by you including without limitation charges from your bank recharged to Alamy’s Payment Provider.
- all other amounts due to Alamy from you including where Alamy is entitled to be indemnified by you in the circumstances set out in clause 5 sum representing the likely total amount of such indemnity.
- License Fees charged to Customers in currencies other than US dollars are recorded on your statements in US dollars. The exchange rate used will be reviewed monthly and adjusted in line with exchange rate fluctuations.
- If any remittances made to you by Alamy shall not have been cashed in any 2-year period, Alamy may remit the balance in your account to a charity of Alamy’s choice.
- Alamy grants each User a non-exclusive, non-transferable, worldwide and revocable license to install and use the Stockimo App and any software included in Stockimo Market, including connecting media and specifications. At the termination of the Agreement the Software shall be uninstalled by the User. Alamy does not in any way warrant that the Software is adequate to the User’s needs or that the Software can be used without disruptions or defects.
Advertising and Promotion
Breaches of Licenses and Defaults by Customers
You agree that the Images may be used at Alamy’s option without charge and without prior consent or approval from you in Promotional/Marketing Material designed to promote sales of Images or the Stockimo App and/or Stockimo Services and/or to enhance awareness of the Stockimo name/brand or that of the individual Contributor. You agree that any such promotional items may be distributed by Alamy worldwide notwithstanding the earlier termination of the Agreement for any reason. For the avoidance of doubt Promotional/Marketing material also includes search engine listing and promotion including but not limited to "Google Images".
- Where Images are used to promote the Alamy name/brand or the Stockimo name/brand in general, Alamy will make reasonable efforts to provide a photo credit to you where commercially reasonable, but you understand that Alamy cannot guarantee a photo credit to you and will not be held liable if one is not made or is made in a different format from that requested by Alamy.
Loss of Images or Failure of System
- You recognize that Alamy shall have no obligation to conduct any verification or check of the character, standing, or financial position of any Customer.
Each party shall promptly inform the other of any actual or suspected infringement of copyright, loss of Images, breach of moral rights, or other matter giving rise to threat of proceedings or claims or demands in respect of any of the Images. In the event of any alleged breach of any License by a Customer or any other infringement of intellectual property or other rights in an Image, Alamy reserves the right either to take action itself against the Customer or alternatively inform you that it will not be taking action and you may then do so at your option.
- If Alamy takes action Alamy may (but shall not be obliged to):
- make such claims and take such action as may be necessary (in the opinion of Alamy) in connection with it. You will receive commission in line with your commission rate on all amounts recovered by Alamy in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy) shall be paid to you.
If you take action then Alamy’s sole obligations shall be, at your request and cost, to:
- supply you with the information on its database relating to that Customer; and
- provide testimony in any action which may be brought by you by verifying the terms of the contract entered. Prior to giving this assistance Alamy may require you to have indemnified Alamy for all of the costs and expenses of any such action including at Alamy’s discretion providing and securing the costs of Alamy’s legal and other advisers.
- You agree that where Alamy incurs legal and/or other specific costs relating to an outstanding amount owed by a Customer then these costs will be recouped by Alamy first before accounting to you. For the avoidance of doubt, should a debt be only partially cleared by a Customer then Alamy will recoup its specific costs first and then divide the remaining amount between you and Alamy in line with the commission schedule in force at the time the debt was invoiced. Alamy shall not be obliged to pursue payment of debts owed by Customers if, in Alamy’s opinion, the prospects of recovery outweigh the likely collection costs.
Liability of Alamy
Due to the nature of server provision downtime and lost transmissions may occur. In recognition of this it is agreed that Alamy shall have no liability to you or the Copyright Owner for:
- the loss of any Image or for any deterioration or damage to any Image on the System; or
- any failure of the System that causes lost License Fees.
- Alamy is entitled to amend the Stockimo App, Stockimo Services, and Stockimo Market or remove an upload facility at any time.
Amendment and Variation
Alamy’s liability for negligence or breach of any of the provisions of this Agreement shall not:
- exceed the total Commission payable to Alamy during the 12-month period preceding the negligence or breach. For the purposes of this sub-clause, the total Commission payable to Alamy during the 12-month period shall be deemed to be no less than $250 and no more than $10,000; or
- be claimed more than 12 months after the date of the alleged breach.
- Alamy shall have no liability to you for any loss of profit, loss of business, loss of data, unauthorized access to data, or deficient data secrecy in connection with the transfer of information via the Internet when using the Stockimo App, or for any misuse of Images published on Stockimo Market, or any indirect, special, or consequential loss, damage, costs, expenses, or other claims (whether or not caused by the negligence of Alamy, its servants, or agents)
- The terms of this clause shall not prevent any liability or claim for death or bodily injury nor any claim arising from wilful default or gross negligence on the part of Alamy or any of its servants, agents, or otherwise.
- Alamy may vary this Agreement by altering or deleting any of its provisions or adding any new provisions via the Stockimo App or otherwise at any time. You accept that any such variation made via the Stockimo App will constitute reasonable notice to you.
- This Agreement enters into force on the later of the date of your Registration or your downloading and activation of the Stockimo App and shall remain in force until terminated. Termination may be made by either you or us for convenience at any time. Termination by you is made through deactivation of your account on Stockimo Market and is effective immediately. Termination by us is made through notification to you through your account on Stockimo Market or through the Stockimo App or by e-mail to the e-mail address provided by you during Registration.
- We retain the right to immediately terminate this Agreement and/or close down, wholly or partly, your access to Stockimo Market if you use the Stockimo App in breach of this Agreement or in breach of our instructions, or if we otherwise consider that you risk disrupting the usage of our systems or you abuse Stockimo Market. In addition, we shall be entitled to terminate this Agreement with immediate effect if you are declared bankrupt, suspend your payments, enter into liquidation, or are otherwise deemed insolvent.
- This Agreement will be terminated if Alamy ceases to provide the Stockimo App and/or Stockimo Services.
On termination Alamy shall:
- delete from the Stockimo Market each Image provided by you;
- continue to account to you in respect of Licenses granted before termination;
- not return to you any data, of whatever kind, relating to an Image or an Image itself;
- pay to you any amounts contractually due to you.
- The termination shall not prejudice any licenses then existing or any negotiations which Alamy has properly entered into with any third party prior to the date of termination or the grant of Licenses for Images already downloaded by a Customer prior to termination.
- You undertake for yourself and the Copyright Owner that, following termination, neither of you will enter into any License or disposal that conflicts with any License granted during the term of this Agreement by Alamy.
- Upon termination of this Agreement, your access to the Stockimo App, Stockimo Services and Stockimo Market as a contributor of Images will automatically cease. Where you are so directed by Stockimo you shall cease use of the Stockimo App and uninstall it from any and all of your devices where it is installed.
Your Data Communications
- Any notice under this Agreement may be sent at Stockimo’s discretion via the Stockimo App or electronically to the e-mail address notified by each party to the other. A notice served under this clause shall be deemed to have been received on the expiration of 48 hours after service. Any notice sent by Stockimo to your e-mail address notified to Stockimo shall be deemed to have been duly served on you whether or not such notice is actually received by you. You agree to keep your e-mail details current and up to date.
Assignment and Parties
- By specifically opting in during Registration you agree that we can send you marketing and/or 3rd party emails. These emails are promotional in nature and will include, but are not limited to, helpful tips, photography related offers, competitions, industry information and affiliate programs. You can unsubscribe from marketing and/or 3rd party emails at any time by clicking the unsubscribe link within these emails or by changing your email preferences in your account settings.
- This Agreement will continue for the benefit of and be binding upon Alamy and you and your respective successors in title and assignees. You may only assign this Agreement with the prior written consent of Alamy.
- Alamy may assign this Agreement to any member of the Alamy Group or any third party and if it does so references herein to Alamy shall thereafter be to such third party or Alamy Group company and references herein to the Alamy Group shall be to any Subsidiary of such third party or Alamy Group company, or the Holding Company of such third party or Alamy Group company or any Subsidiary of such Holding Company or Alamy Group company.
- No person who is not a party to this Agreement (including any Copyright Owner) may enforce any term or condition of it and the Agreements (Rights of Third Parties) Act 1999 shall not apply.
Disputes and Governing Law
- If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
This Agreement shall be governed by and interpreted in all respects in accordance with the laws of England. If any dispute shall arise between you and Alamy in connection with or in relation to this Agreement the matter shall be resolved by the Courts of England.
- All Images submitted via any designated routes for News, Sports, or Entertainment Images must adhere to Alamy's published guidelines for News Images.
- An Image submitted as a News Image must be free of any manipulation or alteration which alters the truth of the Image.
- The decision as to whether an image is suitable for representation as a News Image is at Alamy's sole discretion.
Subject to clause 24.1, You authorise Alamy to grant to the Collecting Society a mandate to negotiate, claim and administer the rights in respect of Secondary Uses of your Images that you have authorised Alamy to represent you for.
You also confirm that for sales made by Alamy you authorise Alamy to grant to the Collecting Society an exclusive licence. Exclusivity is limited to the actual uses of the Images claimed and paid for under the Collecting Society’s collection scheme only (“Collection”).
Alamy will grant the Collecting Society a mandate to claim on your behalf a share of royalties arising from these rights collectively licensed by the Collecting Society as Secondary Uses and distributed through Collection.
For the avoidance of doubt, the above authorisation extends only to Secondary Uses of Images that the Collecting Society manages through collective licensing schemes and does not transfer any authority to the Collecting Society to issue individual Licences for Primary Uses on your behalf, nor does it transfer the ownership of copyright to the Collecting Society.
You also confirm that you have authorised Alamy to claim and receive on your behalf any royalty payments the Collecting Society has calculated as part of Collection in respect of an authorised claim made on your behalf by Alamy, and to deduct a commission or fee of 50% after recouping any applicable administration charges.
If you have specifically informed us not to claim on your behalf for Collection in the United Kingdom before September 25th 2016 then we will not claim for you under Collection unless instructed to do so. If you do instruct us to claim on your behalf this will continue for the contract duration.
The following definitions shall apply
- means the entire combination of products and services branded as such and made available to Contributors, Customers, and other users by Alamy, including without limitation the Stockimo App, Stockimo Market, and Stockimo Services.
- [Stockimo App]
- means a smartphone application for the handling and uploading of Images to a marketplace in which Alamy can publish Images taken with a Contributor’s cell phone or other device and offer such photos for sale to Customers.
- [Stockimo Market]
- means such marketplaces selected by Alamy in its sole discretion in which Images taken by Contributors on cell phones or other devices are published and offered for sale to Customers, including without limitation the Alamy Websites and any third party provided marketplaces.
- [Stockimo Services]
- means the services, the systems, the information, and the products (including Software) relating to the Stockimo App and Stockimo Market as provided from time to time by Alamy.
- [Alamy Ltd]
- means Alamy Limited or its administrators, successors in business, or any other person to whom it may license or assign its rights under this Agreement.
- [Stockimo Commission Table]
- means the table set out above which lists the fees and commissions payable or any substitute table of which Alamy has given notice in accordance with Clause 9, Statements and Payment.
- [Alamy Group]
- means Alamy Ltd and its Subsidiaries and/or any future Holding Company and “Subsidiary” and “Holding Company” mean a subsidiary and holding company within the meaning of Section 1159 of the Companies Act 2006.
- [Alamy Websites]
- means www.alamy.com, www.alamy.de, or any other websites owned or operated by Alamy from time to time.
- [Collecting societies]
- means an entity authorised by Copyright Owners to commercially exploit their copyrights. As it is impractical for rights holders to individually monitor all the different uses made of their works, they entrust certain parts of this task to a Collecting Society. In the context of this contract a Collecting Society is one that deals with secondary rights only.
- means the Copyright Owner or if Registration has been completed on the Copyright Owner’s behalf by an authorized company or licensee that entity. For the avoidance of doubt, if registration is completed by an authorized employee on behalf of a company then that company is the contributor. The term Contributor also includes the Contributor’s executors, administrators, heirs and assigns or successors in business.
- [Copyright Owner]
- means the person who is represented as owning the copyright in any Image.
- means any third-party individual, partnership, corporation, or other entity who may be intermediaries or end-users and to whom a License is or is proposed to be granted by Alamy.
- means any third-party company appointed by Alamy to sell your Images to end-user Customers in territories to which you have given your agreement.
- means any digitized photograph, video clip, illustration, or other Image of whatever nature which at any time during the term of this Agreement you submit via the Stockimo App and which has been taken on a cell phone or other device.
- [License Fees]
- means any sum or sums actually received by Alamy from any Customers in respect of the License of an Image whether a single payment or a royalty paid over time.
- Means Image information supplied to Alamy by the Contributor by any means, including but not limited to permissions, captions, tags, keywords, descriptions, number of people, date taken, location, and usernames.
- [News Image]
- means any “Image”: i) where the subject matter and nature of the image has an immediacy, or has a relevancy pertaining to a current topic of interest, and ii) that is submitted by the Contributor for inclusion in any feed, gallery, or other method of representation for such images, and iii) that is accepted by Alamy as suitable for inclusion.
- [Payment Provider]
- means PayPal, Alamy, or any other payment provider as decided by Alamy in its sole discretion.
- means a release or clearance of a third party right including without limitation any copyright, trademark, or other intellectual property right which it is necessary or desirable to obtain in respect of any Image, for example a release signed by or on behalf of any living person or the estate of a deceased person or an infant whose likeness is incorporated in whole or in part in any Image or a release from the owner and/or occupier of any property whose permission is necessary or desirable for Images incorporating in whole or in part that property to be published in any jurisdiction in the world.
- [Primary Uses]
- means a use of Images as permitted by Licences granted by Alamy to its Customers. For example, a magazine using an Image in an editorial feature.
- [Promotional/Marketing Material]
- means promotional and marketing material that shall include, but not be limited to PR pieces (for example: articles in magazines or newspapers; magazine competition/subscription offers; magazine cover mounts; Front, inside, and back cover Images), events (for example: inclusion of work in panels or other materials for Alamy events and third party events with which Alamy is involved; trade stands), direct mail (for example: inclusion of Images in printed mailing or promotional pieces, postcards), advertisements (for example: guides to stock; magazine advertisements; magazine inserts; banner advertisements; ambient media, e.g. projection onto a wall, Image on a promotional coffee cup), e-mail newsletters and text/Image based e-promos (for example: Alamy marketing e-mails, Alamy e-newsletters; viral newsletters, and competitions), search engine listing and promotion, and Alamy ratified social media sites and apps.
- means the process by which you register information via the Stockimo App including without limitation your name, e-mail address, your login details, and any other mandatory information requested. Registration details may be modified by you via the Stockimo App and new details are applicable from the time you, or anyone authorized on behalf of you, changes the details.
- [Secondary Uses]
- means a use of Images that is not a Primary Use, including without limitation the photocopying, scanning, printing and digital re-use and communication of Images that are part of composite works, like books and magazines, and also licences governing document delivery services, the uses made under educational recording licences and uses made under cable retransmission and also similar international uses of Images remunerated through levy Systems etc. For example, a student photocopying a magazine article with Images in it where the License for the Primary Use of the Images was granted by Alamy.
- means the name under which you sell your Images.