1.Submission of Material
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 available on Comrah.
- Was not produced by you in the course of your employment, by another person or organization.
- 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 Comrah the permission set out in these terms, please do not submit or share your Material to Comrah.
D. Comrah does not endorse any Material or any opinion, recommendation, or advice expressed therein, and Comrah expressly disclaims any and all liability in connection with any Material submitted to the Website. Comrah does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Comrah will remove any Material if properly notified that such Material infringes another's intellectual property rights. Comrah reserves the right to remove Material without prior notice.
2. 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 and our social media accounts. 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 Comrah 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 Comrah hold or own any right of ownership over your Materials. For clarity, Comrah 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 Comrah 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.
3. Comrah 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. Comrah 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 Comrah to attempt sublicense your Materials in accordance with our 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 Comrah 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