- You may submit accurate and genuine Material (as defined at clause 1 below) as long as it is your original work, you have the right to market / sell it and it doesn’t not break any law. If we find there is a problem with the Material, we reserve the right to initiate legal proceedings.
- 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 right to remove your Material from the Demotix collections. Just let us know that you want to make a change, and we’ll remove the Material.
- 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 for commercial use and may achieve a larger licensing fee than non-released photographs.
- Demotix can attempt to sell your Material on an exclusive or non-exclusive basis. Demotix will attempt to sell your Material on a non-exclusive basis and where exclusivity is requested by a customer we will always seek your permission and assurances that the Material will be not be made available by you or another agency for the duration of the exclusivity period. Demotix markets Material both on and offline, as well as to publishing houses and picture resellers.
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
The Demotix website (“Website”) is owned and operated by Demotix Limited whose contact details are on this Website. The terms “Demotix”, “we”, “us”, “our” and “ours” when used in these Terms of Business mean Demotix Limited which includes subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Demotix. The terms “user”, “you”, “your” and “yours” when used in these Terms of Business mean any user of this Website.
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 these Terms of Business, any law or code of practice for publication applicable where Material may be viewed. You agree to comply with these Terms, all applicable laws and the principles enunciated in the Press Complaints Commission Code of Practice.
By submitting your Material, you warrant that such Material:
- Is your own original work or that you have all the necessary rights to grant the relevant licenses described in these Terms of Business.
- Was not produced by you in the course of your employment, by another person or organisation.
- Does not infringe upon any statutory copyright or upon any common law right, proprietary right, or any other similar right of any third party.
- Does not violate any law, including by the manner in which it was obtained or created.
- Is not libellous, defamatory or obscene.
- Was not taken by any hidden, surreptitious or illegal means or any other method that violates another person's privacy or publicity rights.
- Is accurate, genuine and does not depict any event staged for the purpose of creating the Materials.
- Where it includes images of easily identifiable children under age 16, the images have been obtained with the consent of a relevant parent or responsible adult.
- Is not subject to any exclusive 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 the permission set out in these terms, please do not submit or share your Material to Demotix.
D. Demotix does not endorse any Material or any opinion, recommendation, or advice expressed therein, and Demotix expressly disclaims any and all liability in connection with any Material submitted to the Website. Demotix does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Demotix will remove any Material if properly notified that such Material infringes another's intellectual property rights. Demotix reserves the right to remove Material without prior notice.
3. Grant of License
A. You hereby grant us a non-exclusive license to access, use, display and reproduce your Materials on or through the Website. You further permit us to distribute and license to distributors, resellers, end users and other relevant third parties (“Third Parties”) your Materials as permitted in accordance with the relevant license requested and as agreed by you through the functionality of the Website and under these Terms of Business.
B. The right for Demotix to use, display or grant licenses to Third Parties in respect of your Materials will automatically terminate within thirty (30) days after you remove or delete your Materials from the Website.
C. At no time does Demotix hold or own any right of ownership over your Materials. For clarity, Demotix only holds a temporary right to market and use your Materials, as requested and agreed by you through the functionality of this Website and under these Terms of Business. 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) or distribute server copies of Material that has been removed or deleted from the Website.
4. Demotix Licensing to Third Parties
A. Your rights in the Material you submit can be licensed by us to Third Parties on an exclusive or non-exclusive basis. Demotix will endeavor to sublicense your Material to Third Parties; however we are under no obligation, nor do we guarantee we shall do so.
B. In the event you submit Material to the Website to be licensed on an exclusive basis, we shall endeavor to obtain the best possible price for your Materials, on your behalf. We will not attempt to market photos as exclusive material, nor will we complete an exclusive sale without your prior confirmation and agreement.
C. When submitting Material to the Website on an exclusive basis (“Exclusive Material”), you agree that you shall not grant or attempt to grant any rights in such Exclusive Material to any third parties.
D. By submitting Material on a non-exclusive basis you permit Demotix to attempt sublicense your Materials in accordance with our current standard payment rates. You are able to check our standard payment rates by logging into the Website and clicking the “Buy” button located under each photograph. This enables you to estimate how much you could earn from your Materials in various media and for different of usage. You may also contact Demotix at email@example.com to obtain the current standard payment rates.
E. 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.
F. Nothing in these Terms of Business shall prevent or seek to prevent you using Material for your own personal, non-commercial purposes.
A. In the event Demotix is able to license your Materials to a Third Party. We shall share with you, the payment received by us from the Third Party, on a 50:50 basis, in which case both Demotix and the user will each receive 50% of the payment received.
B. All payment shall be made using PayPal or Moneybookers. You are therefore required to set up an account with one of these payment merchants in order to be paid.
C. At the end of each month Demotix will receive a report from a Third Party detailing any Materials that have been licensed by them. Demotix will seek to obtain payment from the Third Party within 45 days of receipt of the report. Once the payment has been received by us, we will endeavour to deposit, into the requested merchant account, any royalty payments due to user’s (whose Materials have been licensed) on the next scheduled payment date, which usually takes place on the 20th or 21st of each month.
Please note: PayPal and Moneybookers merchant fees will apply; follow the hyperlinks for more information on PayPal’s and Moneybookers policies.
D. At the end of each month Demotix will receive a report from a Third Party detailing any Materials that have been licensed by them. Demotix will seek to obtain payment from the Third Party within 45 days of receipt of the report. Once the payment has been received by us, we will endeavour to deposit, into the requested merchant account, any royalty payments due to user’s (whose Materials have been licensed) on the next scheduled payment date, which usually takes place on the 20th or 21st of each month.
E. No other payment method is used by Demotix; please ensure you set up one of the merchant accounts listed above to receive payment. For administrative reasons, we are unable to perform wire transfers or bank drafts, any such requests will be politely refused.
6. User Account
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.
8. Withholding Taxes
A. Demotix may withhold taxes and other fees from payments to you if required by applicable law.
B. Notwithstanding the forgoing, we are obliged under UK law to withhold or deduct tax from any payments made to users who reside overseas and pay such tax to the UK government.
In order to determine the correct amount of tax to deduct, we are required to obtain the following information from users:
- identifying information for tax purposes (e.g. National Insurance Number, Social Security Number or equivalent);
- full address, including the country where the user is a citizen and/or is registered to pay taxes; and
- any other information required for evidential purposes.
C. In the event a user intends a company or legal entity, rather than an individual, to receive payment the User must provide to us with documentation to prove the company/entity is :
- a legal trading entity
- registered for tax purposes; and
- any other information required for evidential purposes
.D. Please note any users who reside in a country whose government does not have a reciprocal double taxation (withholding tax) arrangement with the UK will automatically have their payments taxed at a rate of 20%.
E. Users are under no obligation to provide to Demotix with the information listed at this clause 8; however in the event that such information is not provided, Demotix shall withhold tax from any payment due at the required standard rate of 20%.
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
These Terms of Business and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Demotix without restriction.
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 failure to assert any right or provision under these Terms of Business shall not constitute a waiver of such right or provision.
Demotix 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. 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 exclusive jurisdiction.