iSnap2 Terms & Conditions
Uploading your photos requires that you abide by the following Terms and Conditions. We highly recommend you read and fully understand the agreement in order to provide us with your photos.
“iSnap2” is the App.
“iSnap as part of Imageselect” is the company that owns the App. It has a website www.iSnap2.com that sells photography to customers, including designers, publishers, and advertisers.
Your photos will be for sale on Imageselect (www.imageselect.eu), iSnap2.com and via the distribution network of iSnap2.
iSnap2 will determine how, where, and by what business models the photos will be sold and you cannot restrict sales opportunities, including territory or usage.
iSnap2’s customers cannot use photos for pornographic, defamatory, or any other unlawful purposes.
We’ll report sales on the app and pay you if you have made at least € 50.
You are responsible for the content you upload, and you must be the copyright holder or have their permission.
iSnap2or you may delete images at any time.
You will only be known by your iSnap2 Username on the App and on iSnap2 and other sales outlets.
We will share data with other users about photos that have sold and for how much.
Your iSnap2 Contributor Agreement
By downloading and using the iSnap2 App and/or the iSnap2 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 Imageselect B.V. (“of which iSnap2 is part of”) and govern your use of the iSnap2 App and the iSnap2 Services and the relationship between you and iSnap2.
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.
You wish to appoint the iSnap2 Group (“iSnap2” / “we”/ “us”) to exploit all rights in the Images throughout the World in all media.
Under this Agreement iSnap2 is authorized:
to make the Images available as iSnap2 in its sole and absolute discretion chooses, including without limitation on the iSnap2 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 iSnap2’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 iSnap2 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 iSnap2 Commission Table; to remit the balance if you are owed more than € 50, to an 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, if you have not supplied the images to our exclusive zone. In this case you will not be able to sell your images to any other supplier for at least 90 days.
Delete any Images via the iSnap2contributor dashboard at any time, provided you agree that iSnap2 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 iSnap2 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 iSnap2, 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 iSnap2 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 iSnap2 App and/or iSnap2 Market as set out by iSnap2 from time to time. iSnap2 reserves the right to review all Images uploaded to iSnap2 Market and to remove at any time any Images that iSnap2 deems, in its sole discretion, not to be in accordance with the terms of this Agreement. iSnap2 further reserves the right to remove any Images as iSnap2 deems, in its sole discretion that: (i) do not fulfill the quality requirements and standards set from time to time by iSnap2, (ii) do not fulfill a need or demand on iSnap2 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 iSnap2, third parties authorized by iSnap2, 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 iSnap2’s sole discretion.
Acceptance of an Image shall be at the sole discretion of iSnap2, third parties authorized by iSnap2, 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 iSnap2 Market.
You accept that you are solely and exclusively responsible for all Images that you submit, process, or handle by use of the iSnap2 App and/or iSnap2 Services and for all data that you store on iSnap2’s servers. You acknowledge that iSnap2 does not and cannot review all Images uploaded to iSnap2 Market and is not responsible for the Images. Where iSnap2 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 iSnap2 App and/or iSnap2 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 iSnap2 Market Images are categorized as commercial. iSnap2 reserves the sole and exclusive right to review and to categorize Images at its sole discretion as it sees fit.
iSnap2 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 iSnap2 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.
iSnap2 reserves the right to auto assign certain information and data to the Image, including without limitation GPS location and number of people.
iSnap2 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 iSnap2’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.
iSnap2 App and iSnap2 Market
When downloading and installing the iSnap2 App you may be presented with a list of permissions which detail the functions the iSnap2 App needs to access on your cell phone or other device. You accept that the use of the iSnap2 App is conditional on the granting of such permissions by you.
You accept that the iSnap2 App may access any images stored on your cell phone or other device if you have given permission for it to do so.
The iSnap2 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 iSnap2 App a list of images sold by you and others and that we are entitled to publish usage statistics including but not limited to revenue earned and number of sales in conjunction with your Username.
iSnap2 undertakes, in accordance with this Agreement, from time to time to use reasonable efforts to give Customers access to iSnap2 Market, through use of the iSnap2 App or through connection to a web browser. iSnap2 undertakes to take reasonable steps to ensure that iSnap2 Market is accessible 24 hours a day, seven days a week. However, iSnap2 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 iSnap2 Market. You are aware that iSnap2 Market may be closed down with immediate effect if iSnap2 deems necessary for security or other reasons.
iSnap2 Market does not protect against viruses or other harmful code and you are aware that all activities on iSnap2 Market are carried out at your own risk. iSnap2 does not give any warranty regarding the availability of iSnap2 Market and does not warrant that iSnap2 Market is free from defects.
You warrant that:
You have given full and accurate information at Registration including your full legal name, valid e-mail address, and payment details, and you will keep that information up to date at all times;
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;
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 iSnap2 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 iSnap2 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 iSnap2 if so requested. You will provide these Permissions to iSnap2 if requested at any time. Any exercise by iSnap2 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 behavior, sexual activity or orientation, arms and the military, sexual, physical and mental abuse; you must make the release(s) available to iSnap2 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 iSnap2 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 iSnap2, 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;
Where an image submitted via the iSnap2 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 iSnap2 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 iSnap2 has blocked the access to iSnap2 Market for a specific user identity;
You will use the iSnap2 App and/or iSnap2 Services only in accordance with this Agreement and iSnap2’s applicable instructions from time to time. You are not entitled to use the iSnap2 App and/or iSnap2 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.
You will indemnify, defend (at the request of iSnap2), and hold iSnap2 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.
Grant of License to the Images
You grant to iSnap2 a worldwide, non-exclusive (with the exception of the exclusive zone whereby you grant iSnap2 exclusivity for a period of 90 days), royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, and display Images within the scope of the various functionalities of iSnap2 Market from time to time and within the business of iSnap2, including without limitation promoting iSnap2 Market or redistributing iSnap2 Market in any media formats and through any media channels.
You grant iSnap2 permission to sell your Images at any price and by any method we feel appropriate without iSnap2 having to consult you. iSnap2 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 iSnap2 to carry out or to agree to any cropping, manipulation, combining, and creation of derivative images.
iSnap2 shall have the right to supply Images to third parties for any purpose as solely decided by iSnap2, including without limitation trials with new customers and prototypes/proof of concept. Where iSnap2 does not make a charge to these third-parties, you will not receive payment.
Credits, Copyright Notices, and Promotion
Customers of iSnap2 using Images will be asked to credit your iSnap2 Username/iSnap2.
iSnap2 cannot guarantee a photo credit in any instance, and will not be held liable if a photo credit is not made; nor can iSnap2 guarantee if a photo credit is made that it will show your Pseudonym or, where applicable, your Agency Contributor name.
iSnap2 shall have the right, including in advertising and publicity in any media, to use your Username to advertise and promote the iSnap2 App and/or iSnap2 Services and/or the iSnap2 brand.
Provided you acknowledge iSnap2’s rights you may use iSnap2’s trademarks in any lawful promotion or publicity without iSnap2’s prior written consent. Pornographic, defamatory, or other unlawful use including use in unsolicited electronic communications is not permitted. iSnap2 shall be entitled to revoke this permission if it becomes aware of any use of its trademarks which it deems inappropriate.
Statements and Payment
iSnap2 will be entitled to the following Commission:
iSnap2 Commission Table
Type of Contributor Your share iSnap2 share
Existing iSnap2 Contributor 50% 50%
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 iSnap2 Contributor” means a Contributor that has registered as a Contributor on the iSnap2 Website after the iSnap2 App launch date of 10th March 2017.
iSnap2 shall report all License Fees and transactions to you only via the iSnap2contributor dashboard.
If your account balance exceeds € 50 you can with the pay out button ask for a pay out of your balance if this exceeds € 50. iSnap2 will within 30 days pay you the balance due to you being:
The payment due shall be paid to you by iSnap2. However no payment will be made if the amount due is equal to or under Euro € 50, orwe 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 Euro shall be converted to US dollars or British Pounds to the currency for payment or iSnap2’s Payment Provider on the date of payment or the preceding Dutch working day. iSnap2 may recover by debiting your iSnap2 account or otherwise:
any sum incorrectly or inadvertently credited to your account.
any amounts due from you to iSnap2 where you are also a purchaser from iSnap2 or a Distributor.
all costs and handling charges incurred by iSnap2 but properly payable by you including without limitation charges from your bank recharged to iSnap2’s Payment Provider.
all other amounts due to iSnap2 from you including where iSnap2 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 Euross are recorded on your statements in Euros.
If any remittances made to you by iSnap2 shall not have been cashed in any 2 year period, iSnap2 may remit the balance in your account to a charity of iSnap2’s choice.
iSnap2 grants each User a non-exclusive, non-transferable, worldwide and revocable license to install and use the iSnap2 App and any software included in iSnap2 Market, including connecting media and specifications. At the termination of the Agreement the Software shall be uninstalled by the User. iSnap2 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.
You agree that the iSnap2 App may collect geolocation data from your cell phone or other device. iSnap2 may use any such data obtained with any other data provider’s data.
Advertising and Promotion
You agree that the Images may be used at iSnap2’s option without charge and without prior consent or approval from you in Promotional/Marketing Material designed to promote sales of Images or the iSnap2 App and/or iSnap2 Services and/or to enhance awareness of the iSnap2 name/brand or that of the individual Contributor. You agree that any such promotional items may be distributed by iSnap2 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 iSnap2 name/brand or the iSnap2 name/brand in general, iSnap2 will make reasonable efforts to provide a photo credit to you where commercially reasonable, but you understand that iSnap2 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 iSnap2.
Breaches of Licenses and Defaults by Customers
You recognize that iSnap2 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, iSnap2 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 iSnap2 takes action iSnap2 may (but shall not be obliged to):
make such claims and take such action as may be necessary (in the opinion of iSnap2) in connection with it. You will receive commission in line with your commission rate on all amounts recovered by iSnap2 in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by iSnap2) shall be paid to you.
If you take action then iSnap2’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 iSnap2 may require you to have indemnified iSnap2 for all of the costs and expenses of any such action including at iSnap2’s discretion providing and securing the costs of iSnap2’s legal and other advisers.
You agree that where iSnap2 incurs legal and/or other specific costs relating to an outstanding amount owed by a Customer then these costs will be recouped by iSnap2 first before accounting to you. For the avoidance of doubt, should a debt be only partially cleared by a Customer then iSnap2 will recoup its specific costs first and then divide the remaining amount between you and iSnap2 in line with the commission schedule in force at the time the debt was invoiced. iSnap2 shall not be obliged to pursue payment of debts owed by Customers if, in iSnap2’s opinion, the prospects of recovery outweigh the likely collection costs.
Loss of Images or Failure of System
Due to the nature of server provision downtime and lost transmissions may occur. In recognition of this it is agreed that iSnap2 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.
iSnap2 is entitled to amend the iSnap2 App, iSnap2 Services, and iSnap2 Market or remove an upload facility at any time.
Liability of iSnap2
iSnap2’s liability for negligence or breach of any of the provisions of this Agreement shall not:
exceed the total Commission payable to iSnap2 during the 12 month period preceding the negligence or breach. For the purposes of this sub-clause, the total Commission payable to iSnap2 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.
iSnap2 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 iSnap2 App, or for any misuse of Images published on iSnap2 Market, or any indirect, special, or consequential loss, damage, costs, expenses, or other claims (whether or not caused by the negligence of iSnap2, 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 iSnap2 or any of its servants, agents, or otherwise.
Amendment and Variation
iSnap2 may vary this Agreement by altering or deleting any of its provisions or adding any new provisions via the iSnap2 App or otherwise at any time. You accept that any such variation made via the iSnap2 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 iSnap2 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 iSnap2 contributor dashboard and is effective immediately. Termination by us is made through notification to you through your account on iSnap2 Market or through the iSnap2 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 iSnap2 Market if you use the iSnap2 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 iSnap2 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 iSnap2 ceases to provide the iSnap2 App and/or iSnap2 Services.
On termination iSnap2 shall:
delete from the iSnap2 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 iSnap2 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 iSnap2.
Upon termination of this Agreement, your access to the iSnap2 App, iSnap2 Services and iSnap2 Market as a contributor of Images will automatically cease. Where you are so directed by iSnap2 you shall cease use of the iSnap2 App and uninstall it from any and all of your devices where it is installed.
Any notice under this Agreement may be sent at iSnap2’s discretion via the iSnap2 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 iSnap2 to your e-mail address notified to iSnap2 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.
Please note that iSnap2 may contact you at the e-mail address or on the telephone numbers given when you register as a contributor or those supplied by you at a later date.
iSnap2 reserves the right to circulate your details to other companies within the iSnap2 Group and iSnap2 and such companies may contact you by e-mail or otherwise about other services.
Assignment and Parties
This Agreement will continue for the benefit of and be binding upon iSnap2 and you and your respective successors in title and assignees. You may only assign this Agreement with the prior written consent of iSnap2.
iSnap2 may assign this Agreement to any member of the iSnap2 Group or any third party and if it does so references herein to iSnap2 shall thereafter be to such third party or iSnap2 Group company and references herein to the iSnap2 Group shall be to any Subsidiary of such third party or iSnap2 Group company, or the Holding Company of such third party or iSnap2 Group company or any Subsidiary of such Holding Company or iSnap2 Group company.
This Agreement supersedes any previous contract between the parties relating to the Images and constitutes the entire understanding between the parties and is binding upon them, your executors, successors, or assigns.
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.
Disputes and Governing Law
This Agreement shall be governed by and interpreted in all respects in accordance with the laws of The Netherlands. If any dispute shall arise between you and iSnap2 in connection with or in relation to this Agreement the matter shall be resolved by the Courts of The Netherlands.
Subject to clause 24.1, You authorise iSnap2 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 iSnap2 to represent you for.
You also confirm that for sales made by iSnap2 you authorise iSnap2 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”).
iSnap2 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 iSnap2 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 iSnap2, and to deduct a commission or fee of 50% after recouping any applicable administration charges.
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 iSnap2, including without limitation the iSnap2 App, iSnap2 Market, and iSnap2 Services.
means a smartphone application for the handling and uploading of Images to a marketplace in which iSnap2 can publish Images taken with a Contributor’s cell phone or other device and offer such photos for sale to Customers.
means such marketplaces selected by iSnap2 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 iSnap2 Websites and any third party provided marketplaces.
means the services, the systems, the information, and the products (including Software) relating to the iSnap2 App and iSnap2 Market as provided from time to time by iSnap2.
means Imageselect B.V, where iSnap is part of, or its administrators, successors in business, or any other person to whom it may license or assign its rights under this Agreement.
[iSnap2 Commission Table]
means the table set out above which lists the fees and commissions payable or any substitute table of which iSnap2 has given notice in accordance with Clause 9, Statements and Payment.
means www.iSnap2.com, or any other websites owned or operated by iSnap2 from time to time.
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.
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 iSnap2.
means any third party company appointed by iSnap2 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 iSnap2 App and which has been taken on a cell phone or other device.
means any sum or sums actually received by iSnap2 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 iSnap2 by the Contributor by any means, including but not limited to permissions, captions, tags, keywords, descriptions, number of people, date taken, location, and usernames.
means PayPal, iSnap2, or any other payment provider as decided by iSnap2 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.
means a use of Images as permitted by Licences granted by iSnap2 to its Customers. For example, a magazine using an Image in an editorial feature.
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 iSnap2 events and third party events with which iSnap2 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: iSnap2 marketing e-mails, iSnap2 e-newsletters; viral newsletters, and competitions), search engine listing and promotion, and iSnap2 ratified social media sites and apps.
means the process by which you register information via the iSnap2 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 iSnap2 App and new details are applicable from the time you, or anyone authorized on behalf of you, changes the details.
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 iSnap2.
means the name under which you sell your Images.