Terms and conditions

1. You warrant and represent that:
   1. by using our Website, you have the full right, power, and authority to enter into this Contract and to fully perform all of your obligations hereunder and that you are at least 18 years of age;
   2. your Registration is full and accurate and includes your full legal name, address and payment details and that you will keep such information up to date at all times. You will provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via your Account, which we may use to contact you for important account specific information such as contractual notifications, operational updates and service emails;
   3. either: (i) you are the Copyright Owner of the Content; (ii) you have authority from the Copyright Owner to make the Content available in accordance with this Contract; (iii) you have been supplied the Content to make available for the uses for which you have indicated on the System; or (iv) the Content is entirely free from copyright and no such attribution is required;
   4. the Content does not infringe upon any third party copyright nor any other third party intellectual property rights (when licensed in accordance with this Contract) and that the Copyright Owner is the sole owner of the copyright in the Content, which is free from any third party rights of the entire copyright;
   5. you hold the rights to grant reproduction rights in the Content for use: (i) in digital media, print, motion picture, television, video, cable, computer, radio, cartoon or merchandising; (ii) on physical articles and items including without limitation on prints and posters; (iii) on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet; and (iv) in any catalogue, Internet sites or marketing in any form;
   6. subject always to clause 4.1.11, except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, any limitation or restriction on Alamy’s ability to license the Content;
   7. the Content uploaded to the System will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, vulgar or violate publicity rights;
   8. where you have indicated that a Model Release is available: (i) the Release is legally binding; (ii) your representation that a Release is available is true and accurate; (iii) (except as otherwise notified to Alamy via the System) the Release allows the Content to be used for all uses anywhere in the world without restriction including without limitation uses in relation to sensitive issues; (iv) you hold all permissions needed for the exploitation by third parties of the Content, including, without limitation, from subjects, depicted in the Content and/or original clients for whom the Content may have been created. and (v) any use or exploitation of the Content by Alamy, a Customer or a Distributor will not violate the rights of any model depicted in the Content, including without limit, any privacy or publicity rights anywhere in the world;
   9. where you have indicated that a Property Release is available: (i) the Release is legally binding; (ii) your representation that a Release is available is true and accurate; (iii) (except as otherwise notified to Alamy via the System) the Release allows the Content to be used for all uses anywhere in the world without restriction including without limitation uses in relation to sensitive issues; (iv) you hold all permissions needed for the exploitation by third parties of the Content, including, without limitation, from owners of products or property depicted in the Content and/or original clients for whom the Content may have been created, and (v) any use or exploitation of the Content by Alamy, a Customer or a Distributor will not violate the rights of any third party, including without limit, any intellectual property rights anywhere in the world;
   10. where you have indicated that a Release is available, you must immediately make the Release available to Alamy if so requested;
   11. you have detailed in full in the relevant fields of the System any and all restrictions that you wish to apply to each item Content, such restrictions to include all rights that have previously been licensed or granted in respect of the Content. You acknowledge and agree that Alamy may set additional restrictions in relation to the Content;
   12. the author of the Content has waived all moral rights in respect of the Content;
   13. there are not and (to the best of your knowledge and belief) will not be any claims by any other party in connection with the use, reproduction or exploitation of the Content;
   14. where your Content is included in search engine listing and promotion pursuant to clause 15.1, no claim will be made by you for breach of copyright in respect of the Content displayed;
   15. the Content 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; and
   16. the Content complies with the privacy and property laws of the country in which it was taken, e.g. in certain countries before taking a photo of someone you are required by law to ask the subject’s permission.
2. You will ensure that all information provided by you for display alongside the Content, including any Metadata, agency names and any other descriptions: (i) only includes information pertaining to the Content itself; and (ii) does not include contact details, web addresses, URLs, copyright and rights management information, or any personal details from which a living person can be identified, except in cases of journalistic or news reporting or where the consent of any person depicted in the Content has been obtained or where another legitimate reason exists.
3. You grant to each Customer:
   1. the right to alter the Content including any cropping, manipulation, combining and creation of derivative Content, provided always that such alteration is not indecent, obscene, pornographic, defamatory or otherwise unlawful.
   2. the right to preview and have access to the Content, where Alamy offers license models through an Application Program Interface (API), File Transfer Protocol (FTP), or any other means, that will make the Content available for use by Alamy's Customers (or where applicable, Distributors) on a high-volume basis.
4. You will ensure that all Metadata including, without limitation, any and all other information pertaining to the Content: (i) is and will remain accurate and factually correct; (ii) does not infringe the copyright or any other third party right; and (iii) is not indecent, obscene, pornographic defamatory or otherwise unlawful.
5. Where the Content has been licensed to a Customer in accordance with this Contract, you will not contact that Customer for any reason pertaining to the sale or the use of the Content.
6. In the event you become aware of any alleged copyright infringements in respect of the Content, you will: (i) contact Alamy first to check whether a permitted download, access (in accordance with clause 4.3.2), or a licence has been made; and (ii) will not contact the user of the Content unless and until Alamy advises you that it will not be pursuing the alleged infringement in accordance with clause 16.

1. Customers will be instructed to credit your Content with Pseudonym/Alamy or the Agency Contributor name/Alamy, as applicable (each, a “Photo Credit”).
2. Alamy cannot guarantee a Customer’s use of a Photo Credit in any instance. Alamy will not be liable if a Photo Credit is not used (whether in whole or part) or where a Photo Credit is used, Alamy cannot guarantee that it will be accurate.
3. You grant Alamy the right to use your name, trade name, trademark, logos or service marks (the “Marks”) to advertise and promote the Content, the System and/or the Alamy brand. Alamy acknowledges and agrees that such Marks are and will remain your sole property and, except as expressly stated in this clause 10.3, and nothing in this Contract will confer to Alamy any rights in or to the Marks.
4. You may use Alamy’s Marks in any lawful promotion or publicity related to the Content without Alamy’s prior written consent. You acknowledge and agree that such Marks are and will remain Alamy’s sole property and, except as expressly stated in this clause 10.4, and nothing in this Contract will confer to you any rights in or to the Marks. You may not use any Alamy Mark or the Alamy name in a way that is or may be deemed to be obscene, indecent, pornographic, defamatory, inappropriate or otherwise unlawful, including use in unsolicited electronic communications or in any way that may bring Alamy’s Marks or name into disrepute. Alamy will be entitled to revoke this permission and/or terminate this Contract if it becomes aware of any use of its name or Marks which it deems inappropriate.

1. Alamy will report to you any Licence Fees earned in respect of your Content in US dollars net of any applicable: (i) Sales Tax; (ii) Alamy Commission; (iii) third party commission; and (iv) any refunds or other deductions.
2. Upon purchase of a Licence by a Customer, Alamy shall report to your Account the relevant details of such Licence, (except for delayed sales reporting payments which shall be made in the month following the date such sale is reported). Alamy reserves the right to round fractions of a cent up or down at its discretion. All Licence Fees paid by Customers in currencies other than US Dollars shall be reported to your Account in US Dollars, using exchange rates reviewed and adjusted by Alamy in line with exchange rate fluctuations.
3. Alamy will pay you the Cleared Funds within 30 days of the first day of the month, if, at the start of the first day of that month, the Cleared Funds less any account debit balances in your Account exceed US $50 (or such other amount as decided by Alamy from time to time). Alamy will pay you in your chosen currency and in accordance with the payment details supplied by you. If you are UK VAT registered, Alamy will add UK VAT at the currently prevailing rate. No payment will be made and the balance of your Account will be carried forward to the following month, if: (i) the balance of your Account is equal to or less than US $50 (or such other amount as decided by Alamy from time to time); or (ii) you have not supplied payment details, any supplied payment details are incorrect, or you have chosen a payment method that Alamy no longer supports.
4. Where your chosen currency is not US Dollars, all amounts due to you will be converted from US Dollars to your chosen currency at the exchange rate provided by Alamy or Alamy's Payment Provider on the date that the payment is made or the preceding working day in England. If the exchange rate is provided by Alamy, it will be within 2.5% of the spot rate on that day.
5. Alamy may recover, by debiting your Account or otherwise:
   1. any amounts incorrectly or inadvertently credited to your Account;
   2. any amounts due from you to Alamy in the event you purchase any Content from Alamy or a Distributor;
   3. all other amounts due to Alamy from you including, but not limited to, costs and handling charges incurred by Alamy but properly payable by you and/or where Alamy is entitled to be indemnified by you pursuant to clause 5, any amount representing the likely total amount of any such claims, damages, liabilities, losses, costs or expenses.
6. Alamy may put your Account on hold in the event of any third party claim in relation to the Content or where Alamy reasonably suspects fraudulent, infringing or unlawful activity in relation to the Account
7. If any payment made to you by Alamy is not withdrawn from your Account within a period of two (2) years from the date on which such payment was made, you agree to forfeit that amount.
8. In the event that you fail to supply payment details, any supplied payment details are incorrect, inactive or you have chosen a payment method that Alamy no longer supports: (i) if your cleared balance is over the payment threshold specified in clause 12.3, you agree to forfeit any such cleared balance that is over two (2) years old; or (ii) if your cleared balance is under the payment threshold specified in clause 12.3, you agree to forfeit any such cleared balance that is over five (5) years old.
9. Alamy at its sole discretion may offer reporting of Licence Fees in currencies other than US Dollars.
10. From the 1 July 2021, Alamy will monitor the total Licence Fees in respect of your Content in each Revenue Year.
11. If you register for an Account after the 1 July in any one Revenue Year: (i) you will automatically be subject to Alamy Gold; and (ii) Alamy will not monitor your Licence Fees and clause 12.12 will not apply until the following Revenue Year.
12. At the end of each Revenue Year if your total Licence Fees for that year, net of any refunds:
    1. are less than $250 then the Alamy Commission for sales of your Content in the following Revenue Year will automatically switch to Alamy Silver as outlined in the Alamy Commission Table; or
    2. are greater than or equal to $250 then the Alamy Commission for sales of your Content in the following Revenue Year will remain on Alamy Gold for that year, as outlined in the Alamy Commission Table.
13. If you are subject to Alamy Silver and your total Licence Fees, net of any refunds, exceeds $250 at any point during the Revenue Year then the Alamy Commission will automatically revert to Alamy Gold for future sales during the Revenue Year. Should any subsequent refund take your Licence Fees below the $250 threshold as set out in clause 12.12, the Alamy Commission will revert to Alamy Silver.
14. If you are not an Agency Contributor and your total Licence Fees for Content sales in any one Revenue Year (starting 1 July 2020), net of any refunds, are greater than or equal to $25,000 then the Alamy Commission for the following Revenue Year for Content that is Exclusive to Alamy will automatically switch to Alamy Platinum as outlined in the Alamy Commission Table.
15. If you are subject to Alamy Gold, and are not an Agency Contributor, your commission will automatically switch to Alamy Platinum if your total Licence Fees, net of any refunds, exceed $25,000 at any point during the Revenue Year. In such case, the Alamy Commission for future sales during the Revenue Year will be as outlined in the Alamy Commission Table for the Alamy Platinum structure. Should any subsequent refund take your Licence Fees below the $25,000 threshold (as set out in clause 12.14), the Alamy Commission will revert to Alamy Gold.
16. The Alamy Commission for Content sales made via an Affiliate will reflect that of the applicable commission model as specified in the Alamy Commission Table and will include a 15% Affiliate and affiliate provider fee in respect of the Licence Fee.

1. In the unlikely event of a material dispute between you and Alamy regarding amounts due to you, Alamy will, at a convenient time and upon receiving 30 days’ prior written notice from you, allow your representative (which will be either an independent qualified lawyer or accountant) to inspect Alamy’s records which relate only to your Account. The costs of the inspection will be paid by you except if it reveals an underpayment to you of more than US $1000 in any one twelve (12) month period, in which event Alamy will correct the records relating to your Content, make any payments due as identified by such audit and reimburse the actual costs of your audit. Alamy reserves the right to instruct its own representative to review and confirm such inspection prior to making any such corrections, payments or reimbursements.

1. You acknowledge and agree that the Content may be used without charge and without your consent or approval in Promotional/Marketing Material or in any other manner, at the sole discretion of Alamy, anywhere in the world to promote sale of Content and/or to enhance awareness of the Alamy name/brand or that of the individual Contributor, provided always that:
   1. if an item of Content has been used in Promotional/Marketing Material prior the termination of this Contract and/or deletion that item of Content from the Alamy Websites, that item of Content will be permitted to remain in that specific Promotional/Marketing Material;
   2. Content that has been deleted from the Alamy Websites will not be used in any new Promotional/Marketing Material; and
   3. Promotional/Marketing Material also includes articles and interviews featuring Alamy and/or its Content, social media and search engines or similar sites listing and promotion including but not limited to 'Google Images'.
2. Where Content is used to promote the Alamy name/brand, Alamy will make reasonable efforts to provide a Photo Credit to you where commercially reasonable, but you acknowledge and agree that Alamy cannot guarantee to provide a Photo Credit and will not be held liable if one is not made or is made in a different format from that requested by you.
3. You agree that Alamy may, when using the Content in Promotion/Marketing Material, alter the Content by cropping, manipulating, combining and creating derivative content, providing such alteration is not indecent, obscene, pornographic, defamatory or otherwise unlawful.

1. Alamy will have no liability to any Contributor or Copyright Owner for:
   1. the loss of any Content or for any deterioration or damage to any Content on the System;
   2. any failure of the System;
   3. any downtime and lost transmissions on the System; or
   4. any mistakes or omissions on the System.
2. Contributors will be responsible for maintaining original copies of and digital back-up copies of all Content submitted to Alamy and will promptly provide replacement digital copies to Alamy on request at any time.
3. You acknowledge and agree that you are solely responsible for all access or use of your login and password credentials on the Websites. Alamy will not be responsible for monitoring the Content under your login or password credentials and shall have no liability in this regard.
4. Alamy is entitled to amend the System or remove an online upload facility at any time.

1. Alamy’s liability under this Contract will not exceed the total Alamy Commission actually received by Alamy in relation to the Content during the twelve (12) month period immediately preceding the date on which the cause of the action giving rise to such liability occurs, subject to an aggregate limit of US $30,000.
2. No action, regardless of form, arising out of any Licence or under this Contract may be brought by you more than twelve (12) months after the cause of the action has occurred.
3. Alamy will have no liability to you for any loss of profit, loss of revenue, loss of or damage to goodwill, loss of contracts, loss of customers or any indirect, special or consequential loss, damage, costs or expenses (whether or not caused by the negligence of Alamy, its servants or agents and whether or not Alamy was aware of such liability).
4. Nothing in this Contract will limit either party’s liability: (i) for fraud; (ii) for death or personal injury caused by either party’s negligence or that of its servants or agents; or (iii) in relation to any other liability which cannot be excluded or limited by law.

1. Alamy may vary this Contract by altering or deleting any of its provisions or adding any new provisions by giving you 45 days’ prior notice at any time. If you do not accept any of the variations, you have the right to terminate this Contract by giving written notice to Alamy in accordance with the provisions of clause 20.1.3. If no such notice is received, you will be deemed to have accepted the Contract as so amended.
2. You will ensure that Content on the System prior to the date of any amendment to you pursuant to clause 19.1 meets the provisions of any such amendment or variation.

1. You may terminate this Contract:
   1. on 45 days’ prior written notice to Alamy at any time;
   2. immediately by written notice to Alamy if Alamy:
      1. breaches any terms of this Contract which is not capable of effective remedy;
      2. breaches any term of this Contract which is capable of remedy but which is not remedied within 30 days receipt of notice specifying the breach and requiring Alamy to remedy such breach;
      3. enters into insolvent liquidation;
      4. ceases to carry on its business of operating the System.
   3. where Alamy gives 45 days’ notice to vary the Contract pursuant to clause 19.1, by written notice to Alamy at any time during that 45 day period expiring at the end thereof.
2. Alamy may terminate this Contract:
   1. on 45 days’ prior written notice to you at any time;
   2. immediately on written notice to you if:
      1. you breach any terms of this Contract which is not capable of effective remedy;
      2. you breach any term of this Contract which is capable of remedy but which is not remedied within 30 days of receipt of a notice specifying the breach and requiring you to remedy such breach;
      3. you infringe any third party copyright, trademark, any other intellectual property right or any other third party right;
      4. you are declared bankrupt, go into liquidation or receivership, an administrative receiver is appointed over all or any part of your assets, a meeting of creditors is called, or you suffers any other insolvency or bankruptcy related event in any applicable jurisdiction;
      5. your Account is deemed to be inactive whereby; (i) no Content is submitted to the System by you following Registration(ii) Alamy is unable to contact you or receives no correspondence from you when contacted in respect to your Account; or (iii) any payment is unable to be credited to your Account.
      6. Alamy reasonably suspects fraudulent activity in relation to your Account;
      7. any action by you is deemed by Alamy to bring the Alamy name or Mark into disrepute;
      8. any communication received by Alamy, its employees, representatives, or any third parties authorised to act on Alamy's behalf in relation to this Contract is deemed by Alamy to be threatening, insulting, racist, offensive, vulgar, indecent, or otherwise inappropriate;
      9. Alamy decides to terminate its operation of the System.
   3. Alamy may in its sole discretion, without terminating this Contract, delete any individual item of Content at any time.
3. On termination Alamy will:
   1. delete from the Alamy Websites any Content provided by you under this Contract;
   2. continue to report to you in respect of Licences granted prior to the date of termination of this Contract or Licences granted after the date of termination of this Contract as permitted herein;
   3. not return to you any data, of whatever kind, relating to any Content or the Content itself.
4. The termination of this Contract will not prejudice any Licences in existence prior to the date of termination, any negotiations in relation to the Content which Alamy has properly entered into with any third party prior to the date of termination, or the grant of Licences for Content already downloaded by a Customer prior to the date of termination.
5. Any provision of this Contract which expressly or by implication is intended to come into or continue in force on or after termination of this Contract will remain in full force and effect.
6. Termination of this Contract will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
7. Where this Contract is terminated for any reason, you may not enter into a new contract with Alamy without first obtaining written authorisation from Alamy prior to doing so. Failure to adhere to this clause will result in immediate termination of any new contract.

1. All Content submitted by you as news, sport or entertainment Content must adhere to Alamy's published guidelines for News Content.
2. Any Content submitted as a News Content must be free of any manipulation or alteration which alters the truth or the editorial integrity of the Content.
3. The decision as to whether any Content is suitable for representation as News Content is at Alamy's sole discretion.

1. Subject to clause 22.6, you authorise Alamy to grant to any Collecting Society a mandate to negotiate, claim and administer the rights in respect of Secondary Uses of your Content.
2. You authorise Alamy to grant to the Collecting Society an exclusive licence in relation to sales of your Content made by Alamy. Exclusivity is limited to the actual uses of the Content claimed and paid for under the Collecting Society’s collection scheme only (“Collection”).
3. Alamy will grant the Collecting Society a mandate to claim on your behalf a share of royalties arising from those rights collectively licensed by the Collecting Society as Secondary Uses and distributed through Collection.
4. For the avoidance of doubt, the above authorisation extends only to Secondary Uses of Content 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.
5. You confirm that you have authorised Alamy to claim and receive on your behalf any royalty payments any 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.
6. If you have specifically informed us not to claim on your behalf for Collection in the United Kingdom before 30 July 2016, then we will not claim for you under Collection unless instructed to do so. If you do instruct Alamy to claim on your behalf, this will continue for the Contract duration.

1. Any notice under this Contract may be sent electronically, to the email address notified by either party to the other party, or by pre-paid first class post, recorded delivery or registered post, to the name and address notified by either party to the other for such purpose. A notice served under this clause will be deemed to have been received on the expiration of 48 hours after service. Any notice sent by Alamy to your email address notified to Alamy will be deemed to have been duly served on you whether or not such notice is actually received by you.
2. Alamy may also serve notice on you by a display on the Alamy Websites in a reasonably prominent position to which the attention of Contributors is drawn.
3. Alamy may contact you at the e-mail address, postal address, the telephone number, or using any other communication method, including without limitation social media, provided by you when you register as a Contributor or those supplied for your Account at a later date.

1. This Contract 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 the Contract with the prior written consent of Alamy.
2. Alamy may assign this Contract to any member of the Alamy Group or any third party and if it does so references herein to Alamy will thereafter be to such third party or Alamy Group company and references herein to the Alamy Group will 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.
3. The parties acknowledge and agree that for the purpose of Section 1(2) of the Contracts (Rights of Third Parties) Act 1999 no term of this Contract will be enforceable by any third party (including any Copyright Owner).
4. The Alamy Commission Table and the terms set out herein form the entire Contract and supersedes any previous contract between the parties relating to the Content and constitutes the entire understanding between the parties and is binding upon them, your executors, successors or assigns. Each party acknowledges that, in entering into this Contract, it has not relied on any representation made by the other party that has not been set out in the Contract.
5. The interpretation of this Contract shall remain unchanged and unaffected by any variations in the numbering, paragraphing, or heading references used in the Contract. Any such variations shall not be construed to alter the intent or meaning of the provisions of this Contract.
6. If any provision of this Contract is held to be void or unenforceable in whole or in part, this Contract will continue in force in relation to the unaffected provisions and the remainder of the provision in question, and the parties will renegotiate the provision in good faith to achieve the same objects.
7. The failure or delay by either party to enforce at any time any one or more of the provisions of this Contract will not be a waiver of such rights or any other rights.
8. Alamy will not be liable to you under or in connection with this Contract for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond its reasonable control.
9. This Contract will be governed by and interpreted in all respects in accordance with the laws of England and Wales and each of the parties hereby submits to the exclusive jurisdiction of the courts of England and Wales.

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:

• your name and address.
• your login and password details for your account with Alamy.

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.