We are a full service picture and video agency providing entertainment and news content to major publishers. These terms and conditions (the “Terms”) set out the basis on which you may be eligible to receive payment for submission of exclusive materials to us, within 7 business days of the materials’ first publication.
Please read these Terms carefully to ensure you fully understand the circumstances in which you may qualify for 7 Day Payment. If you do not meet the following conditions when submitting materials to us we will not be under any obligation to pay you in accordance with these Terms.
SUBMISSION OF MATERIALS TO US
Following your acceptance of these Terms, we will assume, unless you notify us otherwise when submitting the materials, that any and all materials you submit should qualify for 7 Day Payment. It is your sole responsibility to notify us when submitting such materials if they are not to be distributed to publishers on an exclusive basis.
Please submit your materials to us in the usual way i.e. by email, post, personal delivery, file transfer or otherwise.
In order to qualify for 7 Day Payment, any materials you submit to us (whether text, graphics, photographs, moving images, illustrations or otherwise) must be submitted to us for distribution to publishers on an exclusive basis (“Exclusive Content”). This means that you confirm that you have not, prior to submission and will not, at any time (whether directly or indirectly), make such Exclusive Content available to any third party (whether an agency, publisher or otherwise) and you have not, and will not, use it yourself for any reason (including in your portfolio or advertising materials).
By submitting Exclusive Content to us you agree that you are fully entitled to grant all necessary rights in the Exclusive Content to us and, in turn, the publishers AND THAT nothing in the Exclusive Content shall infringe the copyright or other rights of any third party or breach any contract or duty of confidence or privacy, constitute a contempt of court or be defamatory or blasphemous. If you know or suspect that your Exclusive Content does not meet this criteria it is your sole responsibility to inform us on submission.
Nothing in these Terms is intended to transfer ownership of your Exclusive Content to us or any publisher we submit such Exclusive Content to.
However, by submitting your Exclusive Content to us you give us permission to grant the selected publisher with an exclusive, irrevocable, licence to make the fullest use of the Exclusive Content worldwide in all media, whether now known or hereafter developed or discovered without liability or acknowledgement to you.
You agree to indemnify us, and keep us indemnified against any and all loss, damage, costs, claims, expenses and liabilities resulting from any breach by you of these Terms. You acknowledge that we shall have no liability to you for any misuse of the Exclusive Content by the selected publisher or any third party and you provide the Exclusive Content to us at your own risk.
If, for any reason, we believe or suspect that the material you submit to us does not meet the criteria set out above we reserve the right to withhold payment of your fee until we are satisfied that the Exclusive Content meets the criteria.
PUBLICATION & PAYMENT
Provided we are satisfied (in our reasonable opinion) that your Exclusive Content meets the 7 Day Payment criteria, we will, in accordance with our standard practices, endeavour to distribute such Exclusive Content to publishers whether a newspaper, magazine, website, television channel or otherwise) on an exclusive basis for publication.
If the selected publisher wishes to publish your Exclusive Content we will agree the terms on which such Exclusive Content is made available to them (including the applicable fee and licence terms).
In the event we are unable to find a publisher to submit your Exclusive Content to we shall be under no obligation to pay you any fee SAVE where we distribute your material on a non-exclusive basis as set out below.
In consideration of you, and your Exclusive Content, meeting the requirements set out in these Terms we will pay your fee in accordance with the following payment terms:
Within 3 business days of first publication of your Exclusive Content we will send you a report detailing the publisher and the fee payable to you in connection with such publication. You must then submit an invoice to us for your fee. It is your sole responsibility to submit such invoice to us within the 7business day period following first publication in order to ensure you receive payment within such 7 day period. Once we receive your invoice, provided it is not disputed, we will endeavour to pay the applicable fee to your nominated bank account within 1 business day. If you fail to submit your invoice to us within the 7 day period we will endeavour to pay your invoice promptly on receipt.
In the event you choose to receive monthly reports for Exclusive Content as opposed to reports for each qualifying publication of your Exclusive Content, we will, at the end of each calendar month, send you details of all publishers who have published your Exclusive Content within the preceding month and the fees attributable to each publication as payable to you. You are then required to submit an invoice to us for your fee for that month. We will endeavour to pay your invoice within 5 business days of receipt.
Where we are unable to find a publisher to submit your Exclusive Content to or you submit material to us on a non-exclusive basis, or we reasonably believe or suspect that Exclusive Content is not exclusive, we may, but at our sole discretion, choose to distribute such material to publishers on a non-exclusive basis and will pay you the applicable fee in accordance with our standard payment terms
Please note that where you submit materials to us which we submit to publishers on an Exclusive All Round basis then 7 Day Payment will not apply.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.