SnapMediaApp Author Agreement
Thank you for participating as an Author on SnapMediaApp – stock 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:
Who “we” are.
Who “you” are.
“We” refers to internetusers, Inc. a Delaware corporation that operates the SnapMediaApp marketplace and smartphone application. You can find us at SnapMediaApp.com. We are also sometimes called the “Company” or “SnapMediaApp”.
“Author” refers to the Person who created the video clip, owns the rights to it and submitted it to SnapMediaApp marketplace through SnapMediaApp smartphone application. This is you (“You”).
“Buyer” refers to any Person who is purchasing a license through SnapMediaApp 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: SnapMediaApp website and SnapMediaApp smartphone application provides the ability (i) to upload videos to the SnapMediaApp marketplace via your mobile device, (ii) to browse the SnapMediaApp website and (iii) the ability to access certain features through SnapMediaApp application downloaded and installed on a mobile device. To the extent you use this and other SnapMediaApp 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 SnapMediaApp and Buyers a Standard License to use the video.
We sometimes monitor the marketplace and remove clips that do not meet our standards. As such, we reserve the right to refuse any submission to the marketplace or remove a submission from the marketplace. If we decide that a previously approved clip of yours does not comply with an applicable law or any of our rules or guidelines, including this Agreement, we can at our discretion disable the clip and/or your membership.
What You Do.
You provide the art.
For each video that you are interested in licensing to SnapMediaApp and Buyers, you upload it to SnapMediaApp marketplace through our smartphone application. 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 SnapMediaApp marketplace or smartphone application You grant Company a worldwide, commercial, non-exclusive right to use your name, display name, clips, their description, specification, location, and date created in connection with SnapMediaApp’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 other platforms including, but not limited to, YouTube, Facebook, Instagram, Tumblr, Twitter, and similar sites and the applications related thereto.
The license rights You grant to the clips to SnapMediaApp and Buyers will be in standardized form of license explained below.
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
Ownership of that clip; as an Author you own your work.
You follow the rules.
And, of course, make sure that you familiarize yourself with the Standard License that you are granting the Buyers and SnapMediaApp. If you are unsure what it means or have questions, contact an attorney for help.
You retain ownership of your clips.
You are free to remove the clips for sale 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 SnapMediaApp, 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 SnapMediaApp.
Our Promises to Each Other.
We promise the following:
A smartphone application that lets You shoot and sell video straight from your smartphone.
Online marketplace to sell your clips.
Payments are made within 30 days of your request when your balance exceeds 30US$.
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 maintain valid and accurate model releases for all clips you offer on SnapMediaApp that, contains an identifiable face or identifiable human figure or other identifiable attribute including, without limitation, appearance, or likeness. You also agree to maintain valid and accurate property releases for all clips that requires such releases. An identifiable person must point to, display, or somehow acknowledge the model release form in the last one second of the 15 second video. A 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.
So you don’t have to upload a signed model release form have the actor/actress, or a guardian when a minor is involved, point to, acknowledge, or display the Model Release form during the final one second of the 15 second video.
You agree to 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 clips submitted by you shall faithfully depict the subject and be accompanied by accurate keywords.
The Buyers’ and Users’ Promises.
You acknowledge that we have no responsibility whatsoever for the compliance by Buyer or any other person with the terms of the SnapMediaApp 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 SnapMediaApp 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 SnapMediaApp for use of our platform and services as an Author.
We will pay you each clip license price purchased less Our Commission (‘your earnings’ or ‘earnings’). In order for us to do this, you authorize 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.
We hold the balance of your earnings until you request payment and your balance exceeds 30US$. The payment will be sent within 30 days of your request and not sooner than 25 days.
You must provide us with the correct details and payment method when you become an Author. Currently we are supporting PayPal, CashApp, and Venmo payment to our Authors.
Despite the section 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.
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 unauthorized transactions (which we don’t control). If an SnapMediaApp transaction on an item is subject to payment agents’ refunds, chargeback, fees and unauthorized transactions, we may automatically deduct those amounts from your account which may bring your minimum limit below 30US$.
To the extent determined by us to be appropriate, payment of your earnings will be net of: (i) taxes or other withholding 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.
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 info@SnapMediaApp.com for SnapMediaApp to make payments to you (if required).
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 info@SnapMediaApp.com 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.
Ownership of SnapMediaApp 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 SnapMediaApp. Nothing contained herein grants or shall be construed to grant you any rights to use any SnapMediaApp IP.
You agree that you will not use Our IP in any manner that might tarnish, disparage, or reflect adversely on such IP or SnapMediaApp. 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 SnapMediaApp 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.
Again, thank you for being a part of the SnapMediaApp community! Without you, this site would not be possible. If you have any questions about the Author Agreement, please contact us at info@SnapMediaApp.com