Welcome to Demotix!

Terms of Business

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The Basics

  • You may submit accurate and genuine news stories as long as they are your original work, you have the right to market / sell them and they do not break any law. If there is a problem with the image, it’s your responsibility.
  • At all times you own the copyright. You give Demotix the right to market and license your contributions for use. In exchange, Demotix will split any licensing fee obtained with you on a 50:50 basis.
  • You retain the rights to remove your images from the Demotix collections. Just let us know that you want to make a change, and we’ll remove the image from our Website.
  • Always get the permission of an appropriate adult before photographing a child. Should you try to obtain a model / property release for your imagery, it stands a greater chance of being licensed and may achieve a larger licensing fee than non-released photographs.
  • Demotix can attempt to sell your images on an exclusive or non-exclusive basis. The choice is yours. Demotix markets images both on and offline, as well as to publishing houses and picture resellers.
  • You are responsible for keeping the details of your user account safe. Whilst we’ll do all we can to help you, Demotix is in no way responsible for any loss or damage resulting from the misuse of your user account.

The Basics are meant as a quick overview and do not in any way replace the full Term of Business documentation. We strongly recommend that you read the full version of our Terms of Business as it goes into significantly more detail- and by using our Website, you agree to the entire document.



Demotix Ltd. Terms of Business


Definitions

The Demotix website (“Website”) is owned and operated by Demotix Ltd whose contact details are on this Website. The terms “Demotix Ltd”, “we”, “us”, “our” and “ours” when used in these Terms of Use mean Demotix Ltd which includes subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Demotix Ltd. The terms “user”, “you”, “your” and “yours” when used in these Terms of Use mean any user of this Website.

1. Acceptance

If you wish to submit any contribution, including any text, photographs, graphics, video or audio material (Material) to the Website you agree to be bound by these Terms of Business, and that any Material you submit shall be in accordance with these Terms of Business.

2. Submission of Material

A. You may upload to this Website any Material where you believe it is in the interest of the public. You should not upload gratuitously offensive Material or any Material which breaches any law or code of practice for publication applicable where Material may be viewed. You agree to comply with the principles enunciated in the Press Complaints Commission Code of Practice [ http://www.pcc.org.uk/cop/practice.html ].

By submitting your Material, you warrant that such Material:

  1. Is your own original work or that you have all the necessary rights to grant the license described in clause 3 of these Terms of Business.
  2. Was not produced by you in the course of your employment by another person or organization.
  3. Does not infringe upon any statutory copyright or upon any common law right, proprietary right, or any other similar right of any third party.
  4. Does not violate any law, including by the manner in which it was obtained or created.
  5. Is not libellous, defamatory or obscene
  6. Was not taken by any hidden, surreptitious or illegal means or any other method that violates another person's privacy or publicity rights.
  7. Is accurate, genuine and does not depict any event staged for the purpose of making the submission.
  8. Where it includes images of children under age 16, the images have been obtained with the consent of a relevant parent or responsible adult.
  9. Is not subject to any other contract, agreement or license.

B. Copyright in any Material you submit to the Website will remain with you, subject to any license granted under these Terms of Business.

C. If you do not want to grant Demotix Ltd the permission set out above on these terms, please do not submit or share your Material to Demotix Ltd.

D. Demotix Ltd does not endorse any Material or any opinion, recommendation, or advice expressed therein, and Demotix Ltd expressly disclaims any and all liability in connection with any Material submitted to the Website. Demotix Ltd does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Demotix Ltd will remove all Material if properly notified that such Material infringes another's intellectual property rights. Demotix Ltd reserves the right to remove Material without prior notice.

3. Grant of License

You also hereby grant us and each user of the Website the non-exclusive license to access your Materials through the Website, and to use, reproduce, distribute, display and perform and sublicence to distributors, resellers and end users such Materials as permitted in accordance with the relevant licence imposed through the functionality of the Website and under these Terms. The right for Demotix to use, display or grant further licenses to users in respect of your Materials will automatically terminate within thirty (30) days after you remove or delete your Materials from the Website. At no time does Demotix hold or own any right of ownership over the Document. Demotix only holds a temporary right to market and use your Materials through the functionalities of this Website. You understand and agree, however, that Demotix may retain, but not display (with the exception of marketing material commissioned prior to the material’s removal from the website), distribute, or perform, server copies of Material that has been removed or deleted

4. Exclusivity

A. You may submit Material to our Website on an exclusive or non-exclusive basis.

B. By submitting Material to the Website on an exclusive basis (Exclusive Material), you agree: that you will not grant or attempt to grant any rights in such Exclusive Material to any third parties; and You will be entitled to payment for Exclusive Material at our current payment rates. Contact info@demotix.com for current rates.

C. Where you submit Material on a non-exclusive basis (Non-Exclusive Material) you agree that you will be entitled to payment for Non-Exclusive Material at our current payment rates. Contact info@demotix.com for current rates.

D. You agree that you will not grant any rights to any third parties which would conflict with the rights you have already granted to Demotix Ltd under this clause 4.

E. Nothing in these Terms of Business shall prevent or seek to prevent you using Material for your own personal, non-commercial purposes.

5. Demotix Ltd Account

A. In order to submit Material to our Website, you must create a Demotix Ltd user account (Demotix Ltd Account). You are expressly prohibited from using any other Demotix Ltd Account without our permission.

B. When creating your Demotix Ltd Account, you represent and warrant that all the information you provide is accurate and complete. You are solely responsible for any activity occurring on your Demotix Ltd Account.

C. You must keep your Demotix Ltd Account password secure and notify Demotix Ltd immediately of any breach of security or unauthorised use of your Demotix Ltd Account.

D. Demotix Ltd accepts no liability for your losses caused by any unauthorized use of your Demotix Ltd Account, however, you may be liable for losses incurred by Demotix Ltd or other third parties due to such unauthorised use.

E. We normally show your name or nickname (as specified by you when you open your Demotix Ltd Account) with any Material you submit to the Website, unless you request otherwise when you set up your Demotix Ltd Account, but for operational reasons this is not always possible. Demotix Ltd accepts no liability whatsoever if you are identified from any Material you submit to the Website.

F. Demotix Ltd may need to contact you for administrative or verification purposes in relation to your Material, or in relation to particular projects. You understand that by agreeing to create an account you may receive mailings from us. You may unsubscribe at any time by emailing info @ demotix . com. For full details of when and how we may use the information you provide to us please see our Privacy Policy.

6. Demotix Ltd Account Termination Policy

A. Demotix Ltd will terminate a user's access to its Website if, in its sole discretion, it determines that user to be a perceived, serious, or repeat infringer, or for any other reason whatsoever.

B. Demotix Ltd reserves the right to decide whether Material submitted by any user Submission is appropriate and complies with these Terms of Business for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. Demotix Ltd may remove such Material and/or terminate a user's access for uploading such material in violation of these Terms of Business at any time, without prior notice and at its sole discretion.

8. Indemnity

You expressly accept and acknowledge that you are entirely responsible for any material which you submit to this website. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material contained in any Material you submit to this Website.

9. Ability to Accept Terms of Service

You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Business (which for the avoidance of doubt include the Website Terms of Use and Privacy Policy) and any terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Business and to abide by and comply with these Terms of Business.

10. Assignment

These Terms of Business and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Demotix Ltd without restriction.

11. Withholding Taxes

Demotix may withhold taxes and other fees from payments to you if required by applicable law.

12. General

These Terms of Business shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction.

These Terms of Business, together with the Website Terms of Use, Privacy Policy and any other legal notices published by Demotix Ltd on the Website, shall constitute the entire agreement between you and Demotix Ltd concerning the Demotix Ltd Website.

If any provision of these Terms of Business is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Business, which shall remain in full force and effect.

No waiver of any term of this these Terms of Business shall be deemed a further or continuing waiver of such term or any other term, and Demotix Ltd's failure to assert any right or provision under these Terms of Business shall not constitute a waiver of such right or provision.

Demotix Ltd reserves the right to amend these Terms of Business at any time and without notice, and it is your responsibility to review these Terms of Business for any changes. Your use of this Website following any amendment of these Terms of Business will signify your assent to and acceptance of its revised terms.