Here's all the legal info you need to know if you're working with us
This contract is entered into between you, as a Contributor (hereafter referred to as “you” or the Contributor) and Alamy Ltd (“Alamy”, “we” or “our”) (the “Contract”). By registering as a Contributor, you agree to be legally bound by the terms and conditions set out below.
Background (the legal wording written in Plain English)
Any amendments to this Contract take 45 days to come into effect after we post them here: Record of contract changes. We will also notify you of these changes, either by email or in a reasonably prominent position to which the attention of Contributors is drawn.
The following definitions will apply:
“Account”
means your online account on the System to which your details are specified and Licence Fees in relation to the sale of your Content are recorded.
“Agency Contributor”
means a Contributor who is assigned Agency Contributor status by Alamy at its sole discretion.
"Affiliate"
means a website or service provider that promotes offers and promotions relating to the Content in return for a commission.
"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 Contract.
"Alamy Commission"
means the percentage of the net Licence Fees that Alamy takes in relation to the sale of your Content in accordance with applicable commission rate as outlined in the Alamy Commission Table.
"Alamy Commission Table"
means the table set out at https://www.alamy.com/terms/contributor-commission-table.aspx which lists the fees and commissions payable in relation to the sale of your Content or any substitute table of which Alamy has given notice in accordance with this Contract.
"Alamy Group"
means Alamy Ltd and its subsidiaries and holding company and any other subsidiary of any such holding company, or any other undertaking in Alamy’s group from time to time, for which purpose “group”, and "subsidiary" and 'holding Company' will have the meanings ascribed to them in the Companies Act 2006.
“Alamy Websites”
means the collective URLs owned and operated by Alamy.
“Cleared Funds”
Alamy operates a real-time reporting system, where Licences are reported in the Contributor’s Account at the point at which a Customer purchases on credit card, or when an invoice is raised to a Customer purchasing on a finance account.
Licences are posted to Contributors’ Accounts immediately and are listed as “uncleared”. They will not clear for at least 45 days from the date of sale. Credit card licences will automatically be deemed cleared on day 45 as long as the transaction has not been returned as fraudulent, is not suspected of being fraudulent by Alamy or is in dispute. Licences on Account will be deemed cleared on day 45 if we have received payment from the Customer. Otherwise the sale will be deemed cleared as soon thereafter Alamy has received payment and allocated it to the Contributor’s Account. “Cleared Funds” means amounts which are deemed cleared in accordance with the above process.
"Collecting Society"
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.
“Content”
means any digitised photograph, footage, illustration, other media of whatever nature which you submit to Alamy at any time during the term of this Contract.
“Content Options”
means things we do to Content to enhance the customer experience and/or for operational reasons.
"Contributor"
means the Copyright Owner or, if Registration has been completed on the Copyright Owner’s behalf by an authorised company or licensee, that entity. For the avoidance of doubt, if Registration is completed by an authorised 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 Content.
"Customer"
means any third party individual, partnership, corporation or other entity who may be intermediaries or end-users and to whom a licence is or is proposed to be granted by Alamy.
"Distributor"
means any third party company appointed by Alamy to license your Content to end user Customers in territories to which you have given your agreement.
"Exclusive"
means any item of Content that you have only made available to Alamy which is not also available via any third party licensing, sales or distribution channel, including without limitation via any other stock agency or image site, but excluding the Contributor’s personal website and print sales.
“Licences”, or “Licence”
means Rights Managed Licence, Royalty Free License and Novel Use Licence together with any other licence granted by Alamy in relation to the Content.
"Licence Fees"
means any sum actually received by Alamy from any Customer in respect of the license of your Content whether a single payment or a royalty paid over time.
"Machine Learning"
means to enable machines to learn from the Content and make predictions or decisions based on patterns and relationships in the Content.
"Metadata"
means Content information supplied to Alamy by the Contributor by any means, including but not limited to licence types, licence restrictions, Releases information, captions, keywords, descriptions, date taken, location and Pseudonyms.
"Model Release"
means any written 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 Content.
"News Content"
means any Content:(i) where the subject matter and nature of the Content has an immediacy, or has a relevancy pertaining to a current topic of interest; (ii) that is submitted by the Contributor for inclusion in any feed, gallery or other method of representation for such Content; and (iii) that is accepted by Alamy as suitable for inclusion.
"Non-exclusive"
means, in relation to Content, that the Content is also available via any third party licensing, sales or distribution channel, including without limitation via any other stock agency or image site but excluding the Contributor’s personal website and print sales.
"Payment Provider"
means Alamy or any other payment provider as decided by Alamy.
"Primary Uses"
means a use of Content as permitted by Licences granted by Alamy to its Customers. For example, a magazine using the Content in an editorial feature.
"Promotional/Marketing Material"
means promotional and marketing material that will 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 Content), 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 Content in printed mailing or promotional piece, postcards), advertisements (for example,
guides to stock, magazine advertisements, magazine inserts, banner advertisements, ambient media, e.g. projection onto a wall, Content on a promotional coffee cup), email newsletters and text/Content based e- promos (for example, Alamy marketing emails, Alamy e-newsletters, viral newsletters and competitions ), search engine listing and promotion and Alamy ratified social media sites and apps, use in information graphics, supply of Content to third parties for use in Content galleries (Content unaccompanied by copy) and editorial pieces (Content accompanied by copy), websites and blogs in return for publicity, specific ad-hoc marketing campaigns, supply of Content to third parties for use in conferences/presentations/keynote speeches in exchange for publicity, and other uses by third parties in return for publicity.
"Property Release"
means any written release from the owner and/or occupier of any property (including intellectual property) featured in the Content (in whole or part) whose permission is necessary or desirable to allow the Content to be made available anywhere in world.
"Pseudonym"
means the name under which you sell your Content. Your default Pseudonym is the name you gave during Registration.
"Registration"
means the on-line display on the System at the time you complete the registration process and which will have included:
Registration details may be modified online and such modified details take effect from the time you, or anyone authorised on behalf of you, changes the details in your Account.
"Release"
means a Model Release, Property Release or any other release, clearance, permission or a third party right depicted in the Content including without limitation any copyright, trade mark or other intellectual property right, which it is necessary or desirable to obtain in respect of the Content.
“Revenue Year”
means the 12 month period starting on the 1 July every year and ending 30 June the following calendar year.
“Rights Managed Licence”
referred to on the Alamy Websites as "Rights Managed" or "RM"
means any licence to use the Content for specific rights and for a specific purpose limited by territory, licence period, media, industry, print run and any other relevant criteria as deemed appropriate by you or Alamy.
“Royalty Free Licence”
referred to on the Alamy Websites as "Royalty Free" or "RF"
means any licence to use the Content for an unlimited number of permitted uses for a one-time fee determined by file size, usage, or other criteria as deemed appropriate by you or Alamy and includes ‘Editorial Royalty Free Licences’.
“Novel Use Licence”
means any licence to use the Content in any way and at any price deemed appropriate by Alamy.
"Secondary Uses"
means a use of Content that is not a Primary Use, including without limitation the photocopying, scanning, printing and digital re-use and communication of Content 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 Content remunerated through levy systems etc. For example, a student photocopying a magazine article with Content in it where the License for the Primary Use of the Content was granted by Alamy.
"System"
means the online system operated by Alamy, including the Alamy Websites and any other internet based system for the licensing of Content which Alamy may operate under the Alamy brand.
– End of contract –
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