Indonesian Footage Marketplace

Contributor Agreement

The following is the law agreement between Contributor, or the party represented by the contributors (You) and the Stockshot.id (PT Rumah Kreatif Nusantara) hereinafter referred to as “Us”. This Agreement constitutes a consentment between you, the content owner and the copyright owner of the content and Us, which will promote and sell the usage license of Your content through the Stockshot.id website.

Before registering as Contributor in the Stockshot.id platform, we recommend that You read and agree to this Agreement.

This Agreement will complement the "Term of Service" Agreement and the "Privacy Policy" that have been made previously and approved by You when registering and creating the account in the Stockshot.id website.

This agreement shall be valid as of Your approval upon the agreement that is stated by uploading the content by You or by Us upon Your approval into the Stockshot.id site. We reserve the right to amend this Agreement from time to time. The amendment of the Agreement shall enter into force 7 (seven) days after the amendment of the Agreement is announced in the Stockshot.id website.

1. Definition and Scope of Agreement

a. The Stockshot.id website provides digital video works in the form of video footages, video series, and short videos, hereinafter referred to as the Content. However, the scope of this agreement shall only be Content in the form of video footage.

b. The video footage content shall be those equipped with audio and some are not; the content also includes metadata information attached to a video footage work, such as title, description, duration info, video file formats, production year and other metadata information (content information).

c. “License” shall be the license to use content, where the content owner in this case is represented by the Stockshot.id, provide you with right to use Your content in a certain period to be used by the purchaser under the terms and conditions set forth in "The Content License Agreement"


2. Rights of Stockshot.id

a. We reserve the right, at our sole discretion, to approve, to correct, reject or edit any Content or information contained in the Content, or at any time cancel our consent upon the Content that has been uploaded and remove the Content from the Stockshot.id website.

b. We reserve the right to market, promote and distribute Your Content all over the world, through StockShot.id sites, or through sub-distributors and Our resellers (“Reseller”) and authorizes the Reseller to provide a non-exclusive license and exclusive or Your Content to its customers worldwide. Sub-distributors and resellers who cooperate with Us will be informed through our channels of information, such as newsletters or Our blog.

c. We also reserve the right, but not oblige, to edit, resize, resample, convert, correct colors, putting watermark, or completes any content or information in the Content, to fix what is in our sole discretion may become a mistake or misleading if the Content or information in the Content is left alone, or for the purposes of marketing, distribution, sale and licensing of your Content.

d. The license you give to Us also includes the rights, but not obligation, to, and give others the right to use your Content in any type of work known today or in the future, created and used, copied, broadcasted via any media, and publicly displayed, worldwide, of your Content, and derivative works, including information about You, and if different, the creator of your Content, his biographical name and information, for the purpose of promoting, advertising, marketing and distributing your Content, You, Stockshot.id, or Our business (collectively referred to as the “Promotional Usage”). The Promotional Usage will not grant you the right to compensation or to make any additional contact or responsibility between You and Us.

e. You, or if different, the copyright owner of Your Content, will retain ownership upon Your Content and the copyright therein. There is no transfer of ownership over the copyright or other ownership of the Content to Us.


3. Payment and Compensation Policy

a. For each video footage content in the Stockshot.id website that has been paid their licensing fee by Our customers, We will first deduct it for the relevant Tax Payment (VAT and PPH). We pay the rest to you as much as 50% and the remaining 50% is for us.

b. If any of your video footage content has been paid for license fees in the Stockshot.id website under an exclusive license agreement, then the terms of profit sharing as stated in point 3.a above will apply.

c. If there is any other form of compensation in respect of the promotion or in connection with our marketing activities, then it shall be made in a separate agreement.

d. You may request Us to release the result of compensation for the payment of Your Video Content footage license fee after accumulation of your account worth of Rp.1,000,000 (one million rupiah).

e. We may offer You participation in our free download promotion program. If you choose to participate in the said program and we include Your Content in the promotional program, the terms of the promotional program in the Stockshot.id will apply to You.


4. Content Standard

a. You are obliged to provide Us with a copy of each release form of the Content footage uploaded to our platform.

b. The Release form in question shall be:

i. Model of release form of person/subject recognized by name, sound, or likeness contained or depicted in the  footage Content.

ii. The property release form of the owner of any identifiable property contained or represented in the Content that may reveal the identity or solicitation of the property owner; or

iii. Property release form of the owner of the mark, copyright over logos, audio, design, art, architecture, or other works contained or represented in the Content.

c. You declare that each of the statements made (i) is valid and binding, (ii) the form and content are substantially in accordance with the provisions of Stockshot.id, (iii) grants all necessary rights and permits, and does not contain any restrictions, in the form statements in accordance with the provisions of Stockshot.id, (iv) permit all usage upon the Content as permitted by this Agreement, (v) signed by the person concerned, in the case of delivery of the release form Model, or the owner of the property, or if the person is under the age of 18, signing must be done by the parent or legal guardian of that person.

d. You must designate the Content as the “Editorial Use” when uploading the Content in the Stockshot.id if the Content:

i. In the form of news or documentation, or

ii. contain or describe the person, property or the intellectual property of others, which can be recognized, which has no statement of waiver (release form) in accordance with this Agreement that has being given to Us.

e. If You identified Your Content as news, documentary or editorial, then the Content may not be manipulated, altered or processed in any way that may distort the contextual Context of the Content.

f. You are not allowed to send the Content containing recordings from musical performances, choreography, literary works or dramas, unless You have all rights to the work, including performance rights and recording rights, or have received written authorization from all owners or recipients of rights or licensees of the work, for submission of the Content in Your license to us and the license granted by us in accordance with the terms of Stockshot.id, and You warrant and represent that on the date of each submission of the Content you have obtained all rights and authorization of the Content, and such matter is included in Your license to us.

g. You will maintain and retain all original release statements and records relating to the creation of Your Content, including any permissions or waiver of rights acquired for Your Content, and/or licenses, agreements or instruments relating to the ownership, or rights to Your Content. Upon reasonable notification, You will immediately give access to Us to inspect and give us all waiver statements, notes and/or information related to creation of the Content.


5. Representations, Warranties and Disclaimer

a. You hereby represent and warrant on the date within which you accept this Agreement and the date on which each of the Content is registered as follows:

i. Your Content is original and the Information contained therein do not infringe any copyright, trademark, privacy rights or rights of publicity or other proprietary rights of any third party, or defame any third party.

ii. You are the sole and exclusive owner of Your Content, all of its parts and copyrights attached to it, or have acquired the full rights and authority of the Content Owner to grant Your Content license to Us, including the full right and authority to grant Us the right to sublicense pursuant to stipulation of the Stockshot.id and allow user of it to use Your Content in accordance with the stipulation of the Stockshot.id.

iii. All information you provide to Us or to Your account is accurate and complete, including all information relating to You and Your payment account, and You agree to from time to time to update such information to continue to be accurate and complete. We may withhold payment to You until we receive information and documentation necessary to verify Your identity information or resolve any inquiries arising concerning Your rights upon the Content or in compliance with legal requirements.

iv. You are at least 18 years of age and entitled to grant the rights and may commit to perform legal obligations under the terms of this Agreement. If you are under 18 years of age, a separate agreement shall be made with Your guardian or parent outside this Agreement.

v. If any person uploads or gives Your Content to us as Your representative, then You and that person represent and warrant that the person providing Your Content to us shall be the registered user of the Stockshot.id under the ID of Your Content user being given to us, and that person has the full legal right, power and authority to act on Your behalf, bind You to this Agreement and give Your license to us on Your behalf.

 

6. Termination of Cooperation

a. We may, at any time and for any reason, remove any or all of Your Content from Stockshot.id and cease to offer sub-licenses upon Your Content.

b. Unless You and Us agree in writing, You may delete part or all of the Content from Stockshot.id or give Us written request asking Us to remove part or all of the Content from Stockshot.id. The written request to remove the Content or terminate cooperation may be attached through email at: support@stockshot.id.

c. Deletion of any Content from the Website and/or termination or expiration of this Agreement or rights granted to Us under this Agreement shall not terminate, alter or affect any licenses granted to the Content user prior to the effective date of such removal, termination or expiration.

d. If one of Your Content is already in the customer’s purchase basket feature at the time of termination or expiration of the cooperation, We will not ask the customer to remove Your Content from the basket’s features and we will continue to give the customer the opportunity to pay license fee for that Content in accordance with the Stockshot.id license Agreement for a period of 30 days after such deletion or expiration.


7. Statement of Approval

a. By clicking “I Accept” on the available space or doing anything else that signifies approval upon this Agreement, the party who did so accepts and agrees to be bound by this Agreement for himself and on Your behalf and, if different, the Employer or any other Person which is identified as the registered user of the Stockshot.id, and agrees to be bound by the terms of this Agreement. If such person has no such right, power or authority, or You do not agree to the terms of this Agreement, then you shall not click “I Accept” on the available space, and not upload or transmit anything on the Stockshot.id or Us.

b. You acknowledge that You have read this Agreement and other agreements or terms that are inseparable to this Agreement, understand them and have the opportunity to seek independent legal advice before agreeing to it.


8. Applicable Law

This Agreement shall be governed by and construed and performed in accordance with the applicable laws of the Republic of Indonesia.


9. Dispute Resolution

Any dispute relating to this Agreement between User and Us, which can not be resolved by deliberation for consensus, shall be settled through the Indonesian National Board of Arbitration (BANI) in Jakarta, using the BANI procedural law.

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Last updated: 16 Juni 2017