FOAP
Getty Images Terms

(VERSION 1.0, MAY 2016)

ADDITIONAL TERMS AND CONDITIONS FOR MISSIONS FOR GETTY IMAGES

In addition to the Foap General Terms of Use and Trade Terms (the “User Agreement”) in force from time to time between Foap AB and the users of Foap AB’s services, each participant (a “Participant”) in a Foap Mission arranged by or for Getty Images (US), Inc. or any affiliate thereof (“Getty Images” and each such Mission a “Getty Mission”) accepts and agrees to the following additional terms and conditions. In case of any inconsistency between these additional terms and conditions and the User Agreement, these additional terms and conditions will prevail. Capitalized terms not defined in these additional terms will have the same meaning as in the User Agreement:

  • Each Participant which submits Content in a Getty Mission agrees and acknowledges that, in the event the Content is accepted for distribution by Getty Images (“Accepted Content”), such Accepted Content is provided exclusively by the Participant to Foap AB and Getty Images. Thus, Accepted Content may not be supplied by the Participant to any third party.
  • During a review period after the end of each Getty Mission (such review period typically being 30 days) (the “Content Review Period”), Getty Images shall be free, at its sole discretion, to decide whether or not to accept for distribution by Getty Images any Content submitted by the Participants in a Getty Mission.
  • Getty Images shall further be free, at its sole discretion, to decide how and where to display, license and sell Accepted Content through its available marketing channels, including, but not limited to, being sold as fine art prints on Getty Images’ website  www.photos.com.
  • Each Participant agrees and acknowledges that Content shall be submitted with the required model releases. Both Foap AB and Getty Images reserve the right to reject any Content submitted to the extent such required model releases are not submitted by the Participant.
  • To the extent Content contains properties, trademarks or any other third party rights, Foap AB and Getty Images reserve the right to reject the Content if such Content is not accompanied with the required property and/or trademark releases.
  • For Accepted Content, the Content Fee, as set out in the User Agreement, shall correspond to the fees received by Foap AB from Getty Images and such fees shall be divided between Foap AB and the Participant as detailed in the User Agreement.
  • Content which is submitted in a Getty Mission, but not selected as Accepted Content by Getty Images during the Content Review Period, will be released to the Participant after the Content Review Period. After such release on non-Accepted Content, the relevant Getty Mission will be closed. Non-Accepted Content will be transferred to Foap Market. For the avoidance of doubt, the closing of a Getty Mission shall not affect Foap AB’s and Getty Images’ exclusive rights to Accepted Content according to the above.