Author Agreement
Thank you for participating as an Author on SnapMedia - mobile first footage marketplace and smartphone application! We are excited to have you on board, and we have prepared this document to explain the rights and responsibilities of Authors on our site. As an Author, you are bound by the agreements provided below, so please look it over and make sure you agree. If you do not agree, you are restricted from being an Author on our site and using our smartphone application.
Here is the Author Agreement:
The parties.
Who "we" are.
Who "you" are.
"We" refers to internetusers, Inc. a Delaware corporation that operates SnapMedia marketplace and smartphone application. You can find us at SnapMedia.agency. We are also sometimes called the "Company" or "SnapMedia".
"Author" refers to the Person who created the video clip, owns the rights to it and submitted it to SnapMedia marketplace through SnapMedia smartphone application or web uploader. This is you ("You").
"Buyer" refers to any Person who is purchasing a license through SnapMedia marketplace.
"Person" means an individual or legal entity, including a company or a governmental agency or instrumentality.
What We Do.
We operate a web marketplace and smartphone application for video footage. We provide a place where independent authors can list their videos for sale and Buyers can view previews and purchase licenses to use them.
Remember: SnapMedia website and SnapMedia smartphone application provides the ability (i) to upload high quality videos to the SnapMedia market via your mobile device or web uploader, (ii) to browse the SnapMedia website and (iii) the ability to access certain features through SnapMedia application downloaded and installed on a mobile device. To the extent you use this and other SnapMedia features & services, your internet service provider's standard charges, wireless service carrier's standard charges, data rates and other fees may apply.
We do not own the videos. Instead, the independent authors retain the rights to their videos and provide to SnapMedia and Buyers a Standard License to use the video.
We monitor the marketplace and select only clips that meet our standards. As such, we reserve the right to refuse any submission to the marketplace. If we decide that an previously approved clip of yours does not comply with an applicable law or any of our rules or guidelines, including these Agreement, we can at our discretion disable the clip or your membership.
What You Do.
You provide the art.
For each video that you are interested in licensing to SnapMedia and Buyers, you upload it to SnapMedia marketplace through our smartphone application or web uploader. You agree that We will set the prices for your clips at our own discretion.
You grant a limited, royalty-free license to the Buyer.
By submitting a clip by default you are granting a Standard License to Company and Buyers.
By submitting any clip to SnapMedia marketplace or smartphone application You grant Company a worldwide, commercial, non-exclusive right to use your name, display name, clips and their description and specification in connection with SnapMedia's marketing and promotional activities without the payment of any compensation to You. Company, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to You. You also give Company permission to add, modify or remove information related to your clip in order to manage and increase visibility of it. We may advertise and/or market your clips on social media platforms including Facebook, Instagram, Tumblr, Twitter, and similar sites and the applications related thereto as well as other places online and offline.
The license rights You grant to the clips to SnapMedia and Buyers will be in standardized form of license. We explain it below, and you can read the details on our Legal page here
Standard License.
Standard Licenses grant the Buyer the right to use the clip in unlimited number of End Products. For more information, see our "Standard License".
Licensing - what are you not selling?
You are not selling the following:
the right to use the clip exclusively - meaning that others won't be able to use the same clip;
ownership of that clip; as an Author you own your work.
You follow the rules.
Remember, as an Author, you are also bound by our Privacy Policy and our Terms & Conditions for SnapMedia. Read those and make sure you stay up to date, as the terms change from time to time.
And, of course, make sure that you familiarize yourself with the Standard License that you are granting the Buyers and SnapMedia. If you are unsure what they mean or have questions, contact an attorney for help.
You retain ownership of your clips.
You are free to remove clips from the site, list them on other marketplaces or your own website, or use them in your own work. If you do sell or license them to other people, just remember that you can no longer give an exclusive license, if you have already sold licenses through our site. You will need to continue to honor the limited, royalty-free licenses you have already sold to Buyers. However, by submitting clip to SnapMedia, you expressly waive any artists' authorship rights or any moral rights (including but not limited to: (i) the right to be identified as the author of the clip; and (ii) the right to object to the modification of any clip) that you would otherwise have under the laws of the State of Delaware, United States Copyright Act or similar laws of any jurisdiction, so that customers may use your clips in accordance with the Standard License issued by You or SnapMedia.
Our Promises to Each Other.
Our Promises.
We promise the following:
smartphone application that lets You shoot and sell video straight from your iPhone.
Online marketplace to sell your clips.
Your Promises.
Your integrity is important to the success of our community. As such, all Authors must make the following promises:
The work you uploaded is 100% owned by you.
No other individual, organization, or entity has a claim in this work.
You have obtained any and all required consents for models or intellectual property in this clip.
You have not sold or licensed this clip in a way that would prohibit the granting of our Standard License.
You agree to provide valid and accurate model releases for all clips you offer on SnapMedia that, contains an identifiable face or identifiable human figure or other identifiable attribute including, without limitation, voice, appearance, or likeness. You also agree to provide valid and accurate property releases for all clips that requires such releases. All releases shall be electronically uploaded while filing in the clip submission form through our web uploader or smartphone application. Clip without a release that depicts an identifiable person and/or requires a property release may be accepted for "Editorial Use" only.
You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records.
You agree that We may provide copies of releases to Buyers, as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, or any other reason.
You agree that all clip submitted by you shall faithfully depict the subject and be accompanied by accurate titles and keywords.
The Buyers' and Users' Promises.
Every Buyer promises to honor the terms of the license purchased, the Terms & Conditions for SnapMedia, and the Privacy Policy. Every User and Buyer promises to honor the intellectual property rights of the Authors, of the Company, and of each other. Users also promise to follow the terms of the Terms & Conditions for SnapMedia and the Privacy Policy.
You acknowledge that we have no responsibility whatsoever for the compliance by Buyer or any other person with the terms of the SnapMedia Standard License. You also agree that, notwithstanding any rights you may have to pursue any such person at law, we shall have no liability to you or any person for any breach of said agreement or infringement or wrongful conduct by any such person.
Your earnings and Our Commission
When your item is sold through SnapMedia marketplace or application, you will earn the purchased licensee price, less our commission calculated as 50% of license price. Our Commission is what you are charged by SnapMedia for use of our platform and services as an Author.
Earnings payment
We will pay you each clip license price purchased less Our Commission ('your earnings' or 'earnings'). In order for us to do this, you authorise us to collect payments for your clips, to credit you with your earnings, and to distribute your earnings to you.
Earnings payment timing and methods:
You ask us to hold the balance of your earnings until the 10th of next month when we send out to you your earning from previous calendar month.
You must provide us with the correct details and payment method when you become an Author. Currently we are supporting PayPal payment to our Authors. If you need an additional payment channel, please contact our support at support@snapmedia.agency
Despite section 6 a. above, we reserve the right to pay your earnings to you, at any earlier time, at our discretion.
You may bear some or all expenses incurred by us in paying monies to you.
Potential deductions
Payment methods available for Buyers to purchase your licenses involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don't control). If an SnapMedia transaction on an item is subject to payment agents' refunds, chargeback, fees and unauthorised transactions, we may automatically deduct those amounts from your account.
To the extent determined by us to be appropriate, payment of your earnings will be net of: (i) taxes or other withholdings that we determine are required by applicable law; (ii) bad debts or other uncollectible sums; (iii) legal and other reasonable fees incurred in enforcing this Agreement; (iv) fees, charges and/or costs payable to or deducted by financial institutions for the processing of any credit card, debit card, e-check or alternative payment method and/or currency conversion for payments received by us or paid to you in a currency other than U.S. Dollars; (v) refunded payments for clips; and (vi) any amounts owing by you to us under this Agreement or otherwise. Without limiting the generality of the foregoing, we are entitled to set-off against any amount owing to you, all amounts to which we are or may be entitled under this Agreement, any other agreement or otherwise at law, including withholding amounts as security for any pending or threatened claim relating to any matter which is the subject of a representation, warranty or indemnity under this Agreement.
Payment errors
We will continue to hold your earnings if we're not able to pay your earnings to you for whatever reason, including if:
we do not have the correct payment details;
we did not receive signed tax forms if required:
If you are a US person, a signed and completed IRS Form W-9 must be submitted to support@snapmedia.agency for SnapMedia to make payments to you.
If you are a Foreign person, you might be subject to U.S. income tax on income they receive from U.S. sources. A signed and completed IRS Form W-8 must be submitted to support@snapmedia.agency in order for you to claim a reduced rate of, or exemption from, withholding as a resident of a foreign country with which the United States has an income tax treaty.
we can't contact you using the contact details that you have supplied; or
you are asking for payment to be made to a person, an entity or a country that we're legally prohibited from making payments to, or where there are limitations in the banking systems.
Integration of Privacy Policy.
Our Privacy Policy sets out how we collect data and use the data we collect. It is incorporated into these Author Agreement, so you will want to read it and make sure you consent. By being an Author in our marketplace, you are consenting to the Privacy Policy and Terms & Conditions for SnapMedia. If you do not consent, you are restricted from using our marketplace or/and smartphone application.
Ownership of SnapMedia Intellectual Property.
For the purposes of this Agreement, the term, "IP" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by SnapMedia. Nothing contained herein grants or shall be construed to grant you any rights to use any SnapMedia IP.
You agree that you will not use Our IP in any manner that might tarnish, disparage, or reflect adversely on such IP or SnapMedia. Nor will you contest or otherwise challenge, or assist or encourage any other person or entity to contest or challenge, the validity of any of SnapMedia IP or the IP rights claimed by Us.
Changes to the Author Agreement.
We update the Author Agreement from time to time and reserve the right to do so at any time. When we make a significant change to our it, we notify our Authors either through an email, application or through a banner on the website. When you see such a notice, be sure to read the updated Author Agreement, as it affects our relationship and how you can use this site. You should check the site periodically and stay current on updates.
Contact Us.
Again, thank you for being a part of the SnapMedia community! Without you, this site would not be possible. If you have any questions about the Author Agreement, please contact us at support@snapmedia.agency
