Snapperty

SNAPPERTY.COM TERMS AND CONDITIONSIn order to submit images to Snapperty.com you must have completed the online registration process and have been accepted as a member. Membership is free and without any commitment on your part. You warrant and undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you is incomplete or incorrect you agree to indemnify Snapperty.com against any loss or damage incurred by Snapperty.com and the end user (ie newspaper, magazine, etc) to whom your image may be licensed or sold. By using Snapperty.com you undertake that you have the necessary hardware, software and capability required for you to submit Image(s), email and web usage and when required you are able to supply the Image(s) in digital format. The username and password issued to you upon registration with Snapperty.com is personal to you in order to facilitate your use of and access to Snapperty.com and must not be disclosed to any third party without Snapperty.com prior written consent. Once your membership has been verified you will be entitled to submit image(s). It is highly recommended that you keep a personal copy of the image(s) you submit as Snapperty.com does not guarantee that image(s) will be maintained on Snapperty.com’s website nor that it will be able to return any Image(s). Submission of images By submitting images and/or videos to Snapperty.com you accept and understand that you are granting Snapperty.com the exclusive worldwide licence of the copyright and all intellectual property rights in the image(s) for an initial period of twelve months and that this licence shall automatically continue on a non-exclusive basis after the first twelve months. When you submit images using the direct upload method, you will be required to provide information about the image(s). Where an image is submitted by MMS or email, you should provide full information with the submission. Failure to provide information will mean that Snapperty.com may be unable to exploit your image(s) and will most likely reject your submission. The information you provide is vital in order for Snapperty.com to assess the future prospects of images submitted. You warrant and undertake that the information you provide is truthful, complete and correct. In the event that it transpires that any of the information is incomplete or untrue you agree to indemnify Snapperty.com and end users against any loss or damage arising as a result. Snapperty.com shall decide whether it believes your images and/or videos to be marketable.     Your Image(s) You guarantee that the Image(s) is your own original work and if any part is not, then you have in place all relevant assignments necessary for the transfer and licence granted under the Terms of this Agreement to be effective. For the sake of clarity you also guarantee that you are and will be entitled to transfer and licence the rights in the image(s) including copyright and all other intellectual property rights. You agree to indemnify Snapperty.com and end users such as Newspaper/Magazines or commercial use clients such as advertisers or product etc against your breach of this clause. You also waive any so called moral rights in the image(s) including the right to be named and credited as its creator. Snapperty.com will however, use reasonable efforts to ensure that you are credited as the creator of the image(s) with each use made of them. However you recognise that it may not be possible for commercial or design reasons dictated by the end user. You agree that Snapperty.com may make such changes and additions to the image(s) as Snapperty.com deems necessary or appropriate without changing the intrinsic values of the image(s). You further agree that during the term of the exclusive licence period of this Agreement  i.e. for twelve months following the submission of Image(s) — you will:
(a) not appoint another person to represent you for the marketing, promoting, licensing and otherwise commercially exploiting of Image(s);
(b) advise and notify Snapperty.com of any contact made to you by such persons for such Image(s);
(c) not make any representation or statement for or on behalf of Snapperty.com or relating to the Image(s) to any third party. You agree and undertake that you will not submit to Snapperty.com any Image(s) that:
(a) is unlawful or which gives rise to civil or criminal liability;
(b) infringes upon the intellectual property rights of any third party.
(c) is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
(d) contains abusive, illegal, pornographic, defamatory, untrue, obscene, inflammatory or racist material whatsoever;
(e) is not a “true” photo i.e. an image that has been altered from its original state for example without limitation by airbrushing, amalgamation of images, cropping images unnaturally to alter the context and intrinsic values of an original  Image(s), etc;
(f) harasses any person;
(g) solicits, invites, encourages, advocates, incites or provokes any or all of the aforementioned(h) does not comply with the Snapperty.com  guidelines (accessible when you sign in to the site as a member). You further agree that in any activity undertaken following use of and related to your use of Snapperty.com, you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute Snapperty.com or the Newspaper/Magazine etcs. You agree to indemnify and hold harmless Snapperty.com, its agents and all end users such as Newspapers/Magazines or commercial clients etc against all liability it may have in respect of and arising out of your use of the Snapperty.com services and your submissions of Image(s).      Your agreement with Snapperty.comIn return for Snapperty.com receiving and reviewing your Image(s) and if appropriate or suitable, uploading onto snapperty.com ’s image archive and subsequently marketing, promoting and commercially exploiting the image(s) and agreeing to pay you the sums set out in this Agreement ,as they are due, you agree that for twelve months from the date of submission:
(i) to appoint Snapperty.com as your exclusive representative for the marketing, promoting and commercially exploiting of image(s) submitted to Snapperty.com;
(ii) to grant to Snapperty.com a worldwide exclusive licence of all copyright and other intellectual property rights in your submitted image(s). Snapperty.com shall thereafter be entitled to use or supply the image(s) in all and any manner and media it chooses including (but not limited to) the right to sub-licence, modify or adapt the image(s); In the first twelve months following submission you cannot seek to licence, display, sell, use or otherwise deal in the image(s), nor must it be published or offered to any third party whether for consideration or otherwise. Where Snapperty.com deems image(s) suitable, Snapperty.com shall make reasonable endeavours to market the image(s) to potential licensees. Once the twelve month exclusive licence expires you hereby grant to Snapperty.com a perpetual non-exclusive licence of all intellectual property rights in the image(s) for Snapperty.com to include the image(s) in an online image library and to permit Snapperty.com to grant non-exclusive sublicences to third parties for use of the image(s) in whatever way as Snapperty.com shall see fit. Snapperty.com will have complete and sole discretion regarding the terms, conditions and pricing of image(s) licensed to end users. Snapperty.com will have complete and sole discretion as to delivery methods and distribution of the image(s), including using distribution partners to sub-license the image(s) outside of the UK You agree that Snapperty.com or an end user etc may include your image(s) in a product or service that might also contain image(s) from a different person (such as for example, within a bundled disk product or with online subscription products). You agree that Snapperty.com may use your image(s) for promotional purposes at no cost including but not limited to print or web publication in direct relation to media articles about Snapperty.com. You may at any time inform us by email that you wish to revoke your Snapperty.com membership, whereupon all licenses and rights held by Snapperty.com with relation to your image(s) will lapse provided you notify us  one month in advance. Once the exclusivity period has ended, you may revoke your Snapperty.com membership at any time provided you notify us one month in advance. If you wish to revoke your membership during the 12 month exclusivity period, then your membership will terminate 1 one month after the exclusivity period has ended.Your personal details and any image(s) you have submitted will then be permanently deleted from our site one month later or, in the case of image(s) that are still subject to an exclusive period, one month after the end of that period.      SalesIn the event that Snapperty.com successfully markets your image(s) to an end user such as a Newspaper/Magazine etc, Snapperty.com shall use reasonable skill and care to negotiate a licence or assignment fee with the Newspaper/Magazine etc. For the avoidance of doubt you shall not be entitled to engage in nor shall you be consulted during negotiations with prospective end user. Snapperty.com shall be entitled to license, assign and otherwise market the rights it has to any accepted Image(s) in any way it reasonably sees fit. If your Image(s) is successfully licensed to an end user you may be required to provide bank details or other details, and/or to complete and submit certain tax forms in countries where such rules apply. You will be contacted by Snapperty.com in this regard. Any failure to provide requested details or to submit appropriate tax forms may result in royalty payments being withheld and/or additional taxes being deducted.      PaymentsYour compensation (payment) under this Agreement will be fifty percent of the Net License Receipts (defined below) in connection with the license of the Image(s) by Snapperty.com. This compensation (payment) will be paid normally three months after the month in which licenses are invoiced or otherwise billed by Snapperty.com, or reported to Snapperty.com by a licensee of Snapperty.com. “Net License Receipts” will be computed as gross license receipts less any deductions of sales, use or any other taxes (excluding taxes on net profits of Snapperty.com or any licensee, and except withholding taxes imposed on remittances to Snapperty.com from countries other than Snapperty.com country of incorporation), levies and duties, collection fees and expenses (but not including web affiliate fees) and client credits arising out of or resulting from any license of the Image(s). If any products or services contain images from a different contributor in addition to your Image(s) (such as for example, within a bundled disk product or online subscription product), the Net License Receipts will be determined: (i) according to the ratio of the image(s) comprising Image(s) in a product or service to the total number of images in such product or service; or, in Snapperty.com’s discretion, (ii) based on the relative retail value of the Image(s) in a product or service compared to all other images or materials used in the product or service. Payment will be made, at Snapperty.com’s discretion, either by electronic transfer or into your PayPal account or by direct transfer to your nominated bank account or by cheque . Snapperty.com will send via email or other specified/agreed form of mail a statement detailing any sums due to you in respect of the exploitation of the Image(s). Snapperty.com shall keep full financial books and records relating to the Image(s).      LiabilitySnapperty.com shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with Snapperty.com. >Subject as aforesaid, to the maximum extent permitted by law, Snapperty.com excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Snapperty.com and Snapperty.com shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to: any incorrect or inaccurate information on Snapperty.com and all interruptions to or delays in updating          the service; the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Snapperty.com; any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading Snapperty.com, or from transmissions via emails or attachments received from Snapperty.com or its licensees all representations, warranties, conditions and other terms which but for this notice would have effect. Snapperty.com does not warrant that the operation of Snapperty.com will be uninterrupted or error free. Snapperty.com does not warrant that the image(s) will be maintained on Snapperty.com’s website after the Image(s) has been licensed or sold, nor does Snapperty.com warrant that the image(s) will be returned . The terms above shall not limit any rights you might have as a consumer.    TerminationSnapperty.com shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of Snapperty.com upon your breach of any part of these Terms whatsoever. Termination shall be without prejudice to the accrued rights of either party. Snapperty.com shall not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God. Either party may terminate this Agreement immediately by written notice if the other:
(a) commits any material breach of any term of this Agreement which (in the case of a breach capable of being remedied) shall not have been remedied within 14 days of a written request to remedy the same;
(b) is adjudged insolvent, bankrupt or is unable to pay its debts as they fall due, or makes an assignment for the benefit of its creditors generally.     GeneralEach party to this Agreement shall act in good faith towards the other. You agree to keep confidential all private, secret or proprietary information of Snapperty.com that is disclosed to you. This Agreement sets out the entire agreement and replaces all other agreements between the parties relating to the subject matter of this Agreement. No failure to exercise and no delay in exercising any right under this Agreement shall be a waiver of it nor shall such prevent any other or further exercise of it or any other right. Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights). All questions, comments or enquiries should be directed by email to contact@snapperty.com.com If Snapperty.com does not enforce any provision of this agreement such will not be considered a waiver of any provision or right. In the event that any part of these terms and conditions is held to be unenforceable, such part will at Snapperty.com’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect. These terms and conditions constitute the entire agreement between you and Snapperty.com and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose. Use of Snapperty.com and these terms are subject to English Law, which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.     Using the Snapperty.com websiteYou may download and use Snapperty.com solely for your private, non-commercial, personal use only. You may not sub-license or deal in this right without Snapperty.com ’s prior written permission. Accordingly, you undertake not to:
(a) use Snapperty.com for any commercial or business purpose other than with Snapperty.com;
(b) use your access to Snapperty.com, or information gathered from it, for the sending of unsolicited bulk email. Third party web sites with links from Snapperty.com have not been verified or reviewed by Snapperty.com and use and access of such third party web sites is made at your own risk. All email communications sent by Snapperty.com and attachments thereto are intended only for the addressee and/or others authorised to receive them. Copyright, Trademarks and other Intellectual Property Rights       All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore (“Intellectual Property Rights”) in Snapperty.com belong to Snapperty.com, or are licensed to Snapperty.com unless otherwise specified. All such rights of Snapperty.com are hereby asserted and reserved. You must retain all copyright notices and other proprietary notices contained on Snapperty.com. You shall not: hack, attempt to hack, distribute, modify, transmit, re-use, re-post, or use any or all of Snapperty.com or the information contained therein for any purpose other than as set out above; make any public or commercial use without Snapperty.com’s prior written consent; provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to Snapperty.com without Snapperty.com ’s prior written permission; display, publish, copy, print, post or otherwise use Snapperty.com and the information contained therein for the benefit of any third party or web site without Snapperty.com’s prior written consent; process or otherwise use the information contained on or within Snapperty.com for any illegal or immoral purpose.Trademarked names appear on this website. All use of such names is for editorial purposes only and solely to the benefit of the trademark
owner, with no intention of infringing upon that trademark. The entire contents of this website are Copyright 2008 Snapperty.com.
All Rights Reserved, unless otherwise noted. Access to this site does not grant any rights to copy, publish, sell, license, distribute or use
any included materials, including photographs, text, backgrounds or design elements in any form or media, without the expressed and written
permission of the individual copyright holders. Editorial opinions expressed are solely those of the respective authors.

 END OF SNAPPERTY.COM TERMS AND CONDITIONS.