Terms & Conditions

Markedshot Pte. Ltd. ("Markedshot") operates a global marketplace for stock images. Markedshot's customers pay a fee to license content from the Markedshot websites & apps (collectively, "Markedshot Websites").

Please read these Terms & Conditions carefully before accessing or using this website, software, apps, and/or plug-ins made available by Markedshot or its affiliates (individually and collectively, the "Site").

General Terms & Conditions

  1. Acceptance Of Terms

    1. You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Markedshot Pte. Ltd. ("Markedshot") may publish from time to time (collectively, the "Terms & Conditions"). If you do not agree to all of the terms and conditions contained in the Terms & Conditions, do not access or use this Site.

    2. Markedshot may change these Terms & Conditions from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms & Conditions" link on the home page of markedshot.com to view the then-current terms. If you breach any of the Terms & Conditions, your license to access or use this Site shall automatically terminate.

  2. Intellectual Property & Limited License To Users

    1. Subject to your compliance with these Terms & Conditions, any applicable license agreement with Markedshot, and the law, you may access and use the Site. Markedshot remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms & Conditions. Markedshot may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Markedshot’s sole discretion. Markedshot provides the Site on an "as is" and "as available" basis.

    2. All content on this Site, including but not limited to Images and related metadata (collectively the "Markedshot Content"), as well as the selection and arrangement of the Markedshot Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Markedshot Content violates such laws and this Terms & Conditions. Except as expressly provided herein or in a separate license agreement between you and Markedshot, Markedshot does not grant any express or implied permission to use the Site or any Markedshot Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Markedshot Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Markedshot Content.

    3. Unless you enter into a license agreement with Markedshot you may not download, distribute, display and/or copy any Markedshot Content.

    4. You may not remove any watermarks or copyright notices contained in the Markedshot Content.

  3. Information You Provide

    1. Markedshot (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Markedshot subject to your agreement with the applicable third-party platform. Markedshot collection and use of all such information shall at all times conform to this Terms & Conditions, the Markedshot Privacy Policy, and applicable law.

    2. Markedshot will use and protect your personal information, such as your name and address, in accordance with the Markedshot Privacy Policy, the contents of which are incorporated by reference into these Terms & Conditions.

  4. Your Content

    1. For any image, text, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) Markedshot will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms & Conditions and all applicable laws.

    2. By uploading Your Content, you grant Markedshot a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

    3. You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

      • Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;

      • Contains any pornographic, defamatory, or otherwise unlawful or immoral content.

      • Exploits minors;

      • Depicts unlawful or violent acts;

      • Depicts animal cruelty or violence towards animals;

      • Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or

      • Violates any law, statute, or regulation.

    4. You may not use any Markedshot Content for any purpose without first obtaining a license to use such Markedshot Content. Any use of Markedshot Content by you shall be governed by the applicable license agreement separately entered into between you and Markedshot. Displaying and/or distributing to the public any watermarked or unlicensed Markedshot Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

  5. Infringement Claims / DMCA Notices

    1. If you believe that any Image or other material made available by Markedshot infringes upon any copyright that you own or control, you may notify Markedshot via email at copyright@markedshot.com.

  6. Limitations

    1. You agree that you shall not:

      • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Markedshot or any third party.

      • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms & Conditions.

      • Violate the rights of Markedshot or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

  7. Restriction & Termination Of Use

    1. Markedshot may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Markedshot Content at any time in Markedshot's discretion, without prior notice or liability to you. Any conduct by you that, in Markedshot sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

  8. Links to Third Party Sites

    1. In the event that the Site is available through any third-party platform, or if Markedshot provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Markedshot makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Markedshot, and Markedshot provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Markedshot.

  9. Warranties & Disclaimers

    1. Your use of the Site is at your own risk. The Site is provided by Markedshot under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Markedshot expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Markedshot makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Markedshot makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Markedshot will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

  10. Indemnification

    1. You agree to defend, indemnify and hold harmless Markedshot, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms & Conditions or of any representation or warranty contained herein, your unauthorized use of the Markedshot Content, or your violation of any rights of another.

  11. Miscellaneous

    1. These Terms & Conditions are governed by and shall be construed in accordance with the laws of Singapore, without respect to its conflict of laws principles.

    2. In the event of any conflict between these Terms & Conditions and any license agreement you enter with Markedshot, the terms of such license agreement shall control.

    3. These Terms & Conditions shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms & Conditions shall not affect the validity or enforceability of the balance hereof.

Additional Terms for Contributors

  1. Overview

    1. By submitting any Content to Markedshot, you grant to Markedshot a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, sublicense, sell, advertise and market any Content uploaded by you and accepted by Markedshot, until this Agreement is terminated as herein provided. You also give permission to Markedshot to add, modify or remove information related to your Content in order to manage and license such Content.

    2. You grant Markedshot a worldwide, non-exclusive right to use your name, display name and Content in connection with Markedshot's marketing and promotional activities without the payment of any compensation to you. Markedshot, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you.

    3. Markedshot shall have the right, but not the obligation, to license all Content to its customers for use in accordance with license agreements entered into by Markedshot, including but not limited to Markedshot's Terms & Conditions and License Agreements (collectively, "Licenses").

  2. Ownership of Content

    1. The copyrights in all Content remain with the copyright owner, and nothing in the Terms & Conditions shall be construed as a transfer of copyright to Markedshot. However, by submitting Content to Markedshot, you expressly waive any artists' authorship rights or any droit moral that you would otherwise have under the laws of any jurisdiction, so that customers may use your Content in accordance with the Licenses issued by Markedshot.

  3. Releases

    1. You agree to provide valid and accurate model releases for all Content you contribute to Markedshot that, in Markedshot's judgment, 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 to Markedshot for all Content that requires such releases, which determination shall be made in Markedshot's sole discretion. All releases shall be electronically delivered to Markedshot with the Content. Content without a release that depicts an identifiable person and/or requires a property release may be accepted for "Editorial Use Only" by Markedshot in its sole discretion.

    2. You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records.

    3. The submission of falsified, inaccurate or otherwise defective model releases is a material breach of the Terms & Conditions. Releases submitted by you shall not contain any terms inconsistent with the Terms & Conditions or contain any restrictions for use with Markedshot's Licenses.

    4. You agree that Markedshot may furnish copies of releases to customers, as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, regulations, and/or union reporting requirements, or any other reason Markedshot deems reasonable in its sole discretion.

    5. You agree that all Content submitted by you for "Editorial Use Only" shall faithfully depict the subject and be accompanied by accurate titles and keywords. You also understand and agree that certain "Editorial Use Only" Content may require an attestation of authority from a third party granting Contributor's right to record such Content (a "Credential"). You will provide Markedshot evidence of such Credentials upon request.

    6. You agree that Markedshot may permit Content designated "Editorial Use Only" to be used in a non-Editorial manner at Markedshot's sole discretion (e.g., Markedshot may permit a customer to use Content designated "Editorial Use Only" for commercial purposes where the customer obtains the necessary rights and clearances for such use).

  4. Accounts

    1. You agree to provide true and complete information relating to your Markedshot account and Content, including but not limited to information relating to the date, location and equipment used in connection with creation of the Content;

    2. By opening a Markedshot account, you express your consent to the Markedshot Privacy Policy, which is incorporated herein by reference and governs Markedshot's collection, processing, storage and transfer of the Content and data submitted by you, including data relating to you, your account, your Content or other information related to the foregoing ("Personal Data"). You agree that your Personal Data may be collected, processed, stored, and transferred to jurisdictions other than your home jurisdiction.

    3. Markedshot has the right to refuse to establish an account or to close any existing account, for fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, artificially inflating downloads, submission of material that is obscene in nature, violent or that might be construed as defamatory, failure to comply with Markedshot's guidelines as may be amended from time to time, for any breach of the terms of this or any other agreement that you have with Markedshot, or for convenience.

    4. Markedshot will terminate your account no later than ninety (90) days following its receipt of a written request from you. For the sake of clarity, before the termination of your account is made effective by Markedshot, your Content will remain available for license by Markedshot customers.

    5. If your account is terminated for any reason, you must obtain written authorization from Markedshot prior to establishing another account. You may not have more than one active account at any time without the written consent of Markedshot in each instance.

    6. You may not submit identical Content to more than one account without the prior written consent of Markedshot.

  5. Content

    1. Markedshot has the right to refuse to accept or to remove Content from the Markedshot Websites for any reason. Markedshot will remove Content if Markedshot believes that such Content may (in Markedshot's sole discretion) subject Markedshot or any of its officers, managers, directors or employees to legal action or if the Content violates the Terms & Conditions.

    2. Markedshot shall use reasonable efforts to cause Content removed from or opted out from Markedshot Websites to be removed from the websites of any Markedshot affiliates or partners (including co-branded websites) within ninety (90) days of the removal of the subject Content from the Markedshot Websites.

    3. Licenses issued by Markedshot for any Content that is later removed from the Markedshot Websites will remain in full force and effect.

    4. Markedshot may advertise and/or market your Content on social media platforms including Facebook, Instagram, Tumblr, Twitter, Pinterest, LinkedIn, Google+ and similar sites and the applications related thereto.

  6. Usage Restrictions

    1. Markedshot will not license Content for use in connection with matter that is pornographic, defamatory or deceptive, or in a manner that could be considered libelous, obscene, or illegal in nature.

  7. Compensation

    1. Markedshot shall pay you a royalty for each unique download of Content for which Markedshot receives payment. If a customer downloads the same item of Content more than once, you will be paid once only. Please note that there may be a reporting delay for customer downloads reflected in your Markedshot account.

    2. There is a minimum payout of Twenty US Dollars (USD 20.00) which is done electronically via PayPal. If you cancel your account prior to accrued earnings in your royalty account reaching the applicable Payout Minimum, you thereby forfeit such royalties.

    3. If your account is terminated for a breach of the material terms of the Terms & Conditions, in addition to its other rights at law or in equity, Markedshot shall have the right to retain any royalties and/or other compensation otherwise payable to you hereunder as liquidated damages.

    4. Markedshot may deduct the amount credited to your account for refunds and chargebacks in connection with any license.

    5. If Markedshot makes an overpayment of royalties or other compensation to you for any reason, Markedshot shall have the right to deduct the amount of such overpayment from your accrued royalties or to demand the immediate repayment of such overpaid royalties or other compensation.

  8. Copyright Infringement Claims

    1. You hereby grant Markedshot the right and authority to take such steps as Markedshot deems commercially reasonable to protect Markedshot's rights in the Content.

    2. In the event that you believe Content has been misused, you shall take no action without providing notice of such misuse to Markedshot and receiving Markedshot's prior written consent to such action.

    3. While Markedshot takes commercially reasonable steps to ensure that the rights of its Contributors are not violated by customers or other parties, Markedshot has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content.

  9. Miscellaneous

    1. In the event that you breach any of the terms of this or any other agreement with Markedshot, Markedshot shall have the right to terminate your account without further notice, in addition to Markedshot's other rights at law and/or equity.

Effective 28 October 2016