Aerologix Footage Pilot Terms & Conditions
These terms and conditions apply when you submit Content for us to submit to Getty Images (US), Inc through this site.
Content means any media of any type submitted on this site for proposed submission to Getty Images. All Content submitted to Getty Images is on a Content exclusive basis. This means that Content submitted to Getty Images and any other content that is substantially the same (a Similar) may not be licensed to any third party unless Aerologix or Getty Images has notified you that Content and all of its Similars have been rejected.
Content must have been legally obtained (see Your Warranties below) and must not include personally identifiable images or footage, or anything that may be considered pornographic or unnecessarily offensive.
By submitting Content on this site you may enter into an agreement with Getty Images in relation to your Content, and an agreement with Aerologix in relation to receiving payment for Accepted Content.
Your Content will be submitted to and reviewed by Aerologix before submission to Getty Images may occur. Despite Aerologix reviewing the content, you are responsible to Aerologix and Getty Images for your submitted content and Aerologix accepts no liability for your Content.
Aerologix may refuse to submit the Content to Getty Images in its absolute discretion.
Aerologix’ only obligations to you in relation to Content are:
- to decide in its absolute discretion whether to submit your Content to Getty Images;
- if Aerologix decides to, to submit your Content to Getty Images (when it becomes Accepted Content); and
- after Aerologix is paid by Getty Images, pay you your royalties (if any) in relation to Accepted Content.
If Getty Images licenses your Accepted Content to its customers then you will be entitled to payment of Licence Fees calculated as follows:
- 30% of the total sale value of the particular contribution
You are not entitled to receive payment until Aerologix has received payment from Getty Images. Aerologix will pay you within 30 days after receipt of payment from Getty Images.
This agreement will continue while Aerologix and Getty Images are parties to any agreement in relation to the Content. If the agreement between Aerologix and Getty Images is terminated then Aerologix will notify you.
4. Your Warranties
You warrant to Aerologix and Getty Images that:
- all Content you submit on this site has been created by you;
- you are authorised to submit the Content to this site and met the criteria specified by Aerologix;
- when you created the Content that you complied with your relevant licenses and all relevant laws, regulations, directives and rules, including those imposed by States, directions of police and other emergency services, the Commonwealth (and in particular those relating to civil aviation safety and regulation), and local government;
- you are the sole and exclusive owner of the Content and all intellectual property rights in the Content;
- the Content will not violate the rights of any third party; and
- you have not previously submitted the Content or Similars to any third party.
- you are a resident of Australia
- you accept and acknowledge the Terms & Conditions of Aerologix and the Terms & Conditions of the Getty Images Contributor Agreement
5. Intellectual property and licensing
You must not licence the Content or Similars to any third party unless Aerologix or Getty Images notifies you that the Content has been rejected.
Copyright ownership: Subject to the rights granted in this agreement, you will retain all right, title and interest, including copyright, if any, in the Accepted Content. Upon termination of this agreement and subject to this agreement, all rights licensed to Getty Images under this agreement will revert back to you. Getty Images will own all right, title and interest, including all copyrights that arise apart from the copyright in your Accepted Content, to all types of derivative works and digital fingerprints created by or for Getty Images that contain multiple items of Accepted Content and/or other Content.
Moral rights: Using the credit line supplied by you, Getty Images shall use commercially reasonable efforts to credit you as the source of Accepted Content, but shall have no liability for lack of credit. For the purposes of this agreement, “Moral Rights” means all non-transferable and non-licensable rights belonging to the original creator of Accepted Content that are automatically conferred by legislation to varying degrees in different countries.
Licence grant: You grant Aerologix a worldwide non-exclusive licence to do anything with in relation to the Content necessary for Aerologix to carry out its obligations under this agreement.
Licence grant: You grant Getty Images a worldwide, exclusive license and right to distribute, market, sublicense, copy, reproduce, display, exhibit, transmit, broadcast, modify, adapt, crop, recast, edit, modify, enhance, alter, or create derivative works of and publish the whole or part of any Accepted Content. These rights may be exercised via any means of communication now known or hereafter devised. You also grant Getty Images an exclusive right and license to use its proprietary technology to scan and create a unique digital identifier, or (Digital Fingerprint), of Accepted Content, to store Accepted Content and their Digital Fingerprints in its database, and to use such Digital Fingerprints in its products and services offered to customers from time to time.
On a non-exclusive basis
- you may use Accepted Content and any Similars for promoting or documenting you and your work, provided that these uses do not compete with or limit the rights granted to Getty Images under the agreement. You must obtain Getty Images’ prior written consent to use Accepted Content on the cover of a self-promotional book (to ensure that your use does not conflict with any licenses that Getty Images may have previously issued).
- you may use Accepted Content that is available for license through a royalty-free license model in connection with the sale by you of prints, t-shirts and other retail merchandise where the Accepted Content is the focus of the product, so long as you are not licensing or giving away rights to the Accepted Content for anything other than such merchandising.
On a co-exclusive basis you may use Accepted Content and any Similars for:
- limited edition, signed and/or numbered fine art prints (though Getty Images may still sell and license art prints and other print products); and
- for Video originally appearing as part of an edited program, use within that edited program, including the sale or license as a complete cut of that edited program for television, film, commercial or documentary use.
Claims: Getty Images has the sole right to control, manage and settle any claims for unauthorised use of Accepted Content. If requested, you must cooperate with Getty Images in the management of any claims. Getty Images may choose not to pursue and claim, and if it notifies you that it will not pursue a claim then you will have the right to pursue it.
Licence termination: Upon termination of this agreement, any unexpired licences granted by Getty Images to its customers will continue in effect and you must not knowingly licence any Accepted Content to third parties in a way that conflicts with exclusive unexpired licences. Getty Images and its distributors will have a one-time only (or up to five times only in the case of licenses for educational uses) right to renew unexpired licenses on substantially the same terms, provided that there is no break in the licensing period.
6. Additional provisions applicable to editorial content (news, sport, entertainment)
Exclusivity. If you create Content at a news, sport or entertainment event (an Editorial Event) on assignment for Getty Images and/or under credentials obtained via Getty Images, directly or indirectly, the resulting Content must be submitted exclusively to Getty Images on a perpetual basis.
Similars: For Content from an Editorial Event, a Similar means an item of Content that is part of a package depicting one topic, issue or event and that is often but not necessarily taken at approximately the same location as other Content.
Effect of Termination: The effect of termination provisions shall not apply to Accepted Content from an Editorial Event that is submitted on a perpetual basis, so long as Getty Images pays royalties to you as required under this agreement. In addition, for all Accepted Content from an Editorial Event that is not submitted on a perpetual basis, and uploaded to Getty Images’ website less than two-years prior to termination, the effect of termination provisions shall not apply until 2 years following the initial upload of such Accepted Content to Getty Images’ website.
7. Indemnity and liability
Indemnity: You, Aerologix and Getty Images (an “Indemnitor”) agree to defend, indemnify and hold harmless each other party and its affiliates, licensees, officers, directors, employees and agents (each an “Indemnitee”) from and against any and all actual or alleged third-party claims and accompanying liabilities, losses, damages, costs and expenses, including reasonable legal fees arising out of or in connection with,
- any actual or alleged breach of this agreement by the Indemnitor or any duty, representation, or warranty contained herein by, or
- any actual or alleged act or material omission of the Indemnitor or its employees or agents.
Indemnitor may at its option defend such claim at Indemnitor’s expense, and Indemnitee shall cooperate fully in defending or settling such claim, provided that Indemnitor may not settle without Indemnitee’s prior written consent, which shall not be unreasonably withheld. You agree that Getty Images or Aerologix may retain any amounts due to you under the agreement or any other agreement you may have with Getty Images or Aerologix to the extent Aerologix or Getty Images is owed any sum by you.
Consequential loss: No party shall be liable for any punitive, indirect, consequential, special or incidental damages arising out of or in connection with the agreement, even if it has been advised of the possibility of such.
Liability cap: Getty Images and Aerologix shall not be liable to you under any circumstances arising out of the misuse of Content by any third party. Getty Images and Aerologix shall not be liable for any loss or damage to any Content and Accepted Content, storage device or other materials submitted to Getty Images, and you are required to provide or maintain your own backup files for any Content submitted. You shall bear sole responsibility for obtaining and maintaining adequate insurance for protection of Content and Accepted Content. If, despite the above limitations, liability is imposed on Aerologix or Getty Images for any of these reasons, in no event shall Aerologix or Getty Images’ liability exceed US$10,000 in the aggregate.