Agency and Licensing Agreement – Terms and Conditions
Thank you for choosing to use the Animals Around The Globe website, operated by Animals Around The Globe GmbH, accessible at www.animalsaroundtheglobe.com (the “Website”), or any associated Animals Around The Globe applications, to monetize your wildlife video, GIF, or still image (collectively referred to as “Media”).
By posting any Media on our platforms for the purposes of sharing or monetizing, you agree to be bound by the following Agency and Licensing Agreement, which supplements the general terms and conditions of the Website.
1. Definitions – Agency and Licensing Agreement
1.1 For the purpose of this Agreement:
1.1.1. “Agreement” refers to this Agency and Licensing Agreement between you and Animals Around The Globe, as amended from time to time. In case of any conflict with the Website’s general terms and conditions, the terms of this Agreement will take precedence.
1.1.2. “Monetize” refers to any activities undertaken by us, or by our clients, licensees, agents, partners, or other authorized third parties, to generate revenue from your Media. This includes, but is not limited to, licensing, distributing, reproducing, and otherwise utilizing the Media across any current or future medium or technology.
1.1.3. “Direct Income” refers to revenue directly generated from the use of your Media on the Animals Around The Globe platform or its applications. Only this income is subject to sharing under clause 7.
1.2 This Agreement appoints us as your exclusive agent and grants us an exclusive license to monetize your Media worldwide. This includes the right to sublicense third parties to assist in monetizing your Media. Note that this Agreement does not establish any partnership or shared rights in your Media.
1.3 Photos submitted for use in articles on our Website, social media platforms, or partner platforms like MSN are granted a non-exclusive license. Direct income from such usage will be shared as per clause 7.
1.4 By accepting the terms of this Agreement, you agree that they apply to all Media you submit to us via email, WeTransfer, Dropbox, or other means.
1.5 Your Media must not contain content that is harmful to animals, offensive, pornographic, or unlawful. Such content will not be shared on our platforms.
1.6 We may update this Agreement from time to time. Changes will take effect from the date specified when the updated Agreement is published on the Website. If you object to any changes, you must notify us in writing and cease using the Website.
2. About Animals Around The Globe
Animals Around The Globe is a Germany-based media company that collects and shares wildlife Media from contributors around the world. If you enjoy engaging with wildlife enthusiasts, this platform is for you.
3. Our Role in This Agreement
3.1 We will use reasonable efforts to promote and monetize your Media, including, but not limited to:
3.1.1. Copying, distributing, publicizing, and sublicensing your Media;
3.1.2. Selling and managing advertising inventory related to your Media;
3.1.3. Uploading your Media to our Website or other media platforms;
3.1.4. Any other activities necessary for marketing and distributing your Media;
3.1.5. Granting these rights to third parties.
3.2 While we will endeavor to monetize your Media, we do not guarantee success.
3.3 We are not liable for any loss or damage to your Media.
3.4 We will add your Media to YouTube’s Content ID system and Facebook’s Rights Manager to track its usage.
4. Ownership of the Media
4.1 You retain ownership of your Media, subject to the terms of this Agreement.
4.2 You may distribute your Media to family and friends but must not monetize it or attempt to do so.
4.3 You may use your Media for self-promotion, provided it does not breach this Agreement.
4.4 If you breach this Agreement, we may terminate it and you will lose your right to revenue sharing.
4.5 We will take reasonable steps to remove or monetize any unauthorized reuploads of your Media.
5. Your Responsibility for the Media and Its Contents
5.1 You confirm that:
5.1.1. You are the sole owner of the Media;
5.1.2. The Media does not infringe any third-party rights;
5.1.3. The Media does not expose us to legal risks.
5.2 You confirm that you have obtained all necessary permissions for any third-party content in the Media.
5.3 You confirm that you have obtained permission from any people featured in the Media.
5.4 You agree to indemnify us against any losses resulting from your breach of these warranties.
5.5 If the Media was recorded in a protected area, you confirm it was done legally.
6. Referrals
Any inquiries regarding the commercial licensing or monetization of your Media must be referred to us immediately.
7. Our Payments to You
7.1 We have the right to collect all revenue from the monetization of your Media.
7.2 Payments will be made via PayPal or a German bank account.
7.3 Payments will comply with any applicable legal restrictions.
7.4 You are responsible for paying any taxes due on the payments you receive.
8. Duration and Termination of This Agreement
8.1 This Agreement is valid for five (5) years from the date you agree to its terms, with automatic renewals for one (1) year unless terminated by either party with one (1) month’s notice.
8.2 Upon termination, we will cease monetizing your Media but may continue to earn revenue from it, which will be shared with you.
9. Assignment
We may assign our rights and obligations under this Agreement to a third party without your consent.
10. Governing Law and Jurisdiction
This Agreement is governed by the laws of Germany, and any disputes will be resolved in Germany courts.
Last updated on 14/08/2024