The Snitcher Desk Terms & Conditions
Please read these Terms and Conditions (“T&C”) carefully before using this website (“the Site”). In these conditions “we”, “us” and “our” means The Snitcher Desk and “you” and “your” means the individual using the Site.
By using the Site, a service owned and operated by Freak Marketing Limited, you are agreeing to be bound by the following T&C.
Only persons aged eighteen years or over may agree to these T&C and use the Site or the services offered through it.
The Snitcher Desk provides a service that supplies and sells selected submitted media to third party media buyers including newspapers, magazines, photographic agencies and other professional contacts (“Third Party Buyers”) for commercial and non-commercial use.
These T&C govern the relationship between you and The Snitcher Desk, and all and any media submitted to The Snitcher Desk whether by upload, email or otherwise (“Media”).
Your Media Obligations
(1) You agree and undertake that you will not submit to us any Media that is not your own original work or work that you have not been granted full permission by the owner and licence holder of the Media to market the Media on their behalf.
(2) You agree and undertake that you will not submit to us any Media that has put one or more persons in harms way or has harassed one or more persons.
(3) You agree and undertake that you will not submit to us any Media that is unlawful or which gives rise to civil or criminal liability.
(4) You agree and undertake that you will not submit to us any Media that has been changed or altered from its original state.
(5) You agree and undertake that you will not submit to us any Media that infringes upon the intellectual property rights of any third party.
You agree to indemnify The Snitcher Desk and Third Party Buyers against your breach of any clauses from 1- 5 above.
By submitting your Media to The Snitcher Desk, you waive any so called moral rights connected to the Media including the right to be credited.
Where Media is submitted by email, an email is sent out containing these T&C and a submission form. You must fill out the submission form and agree to the T&C before we can continue to market and sell your Media.
You warrant and undertake that all the information supplied during the submission process is truthful, complete and correct. In the event that the information you have supplied transpires to be incorrect you agree to indemnify The Snitcher Desk against any loss or damage incurred by The Snitcher Desk and the Third Party Buyers to whom your Media may be licenced or sold.
By submitting Media to The Snitcher Desk you accept and understand fully that you are granting us and our partner agencies the exclusive worldwide licence of the copyright and all intellectual property rights in the Media for a minimum period of 90 days. The Snitcher Desk shall thereafter be entitled to use and change the Media in all and any way it deems necessary to market the Media.
After the 90 day exclusive licence period you are permitted to downgrade the licence to a non-exclusive licence by emailing us at [email protected] You will be granted the non-exclusive licence when and only when you receive an email back from us confirming that your Media has been taken off our commercial database. At this point you hereby grant a perpetual irrevocable non-exclusive licence of all intellectual property rights in the Media to The Snitcher Desk. With a non-exclusive licence, we may still be at will to use the Media in any way we choose which may include (but does not limit to) granting non exclusive sub-licences to third parties.
You agree that for the duration of the exclusive and the non-exclusive licence period of this Agreement that we will be entitled to use the Media for any promotional or marketing use in relation to our own operation and publicity.
You agree that for the duration of the exclusive licence period of this Agreement you will not attempt to market or involve your Media in any commercial use.
You agree that for the duration of the exclusive licence period of this Agreement you will not appoint another individual or commercial entity to represent you for any commercial use of your Media.
You agree that for the duration of the exclusive licence period of this Agreement you or any third party will not attempt to market or involve any commercial use of Media similar to any and all Media you submit to The Snitcher Desk by way of style, appearance and subject matter.
You agree to indemnify and hold harmless The Snitcher Desk and Third Party Buyers against all liability it may have in respect of and arising out of your use of The Snitcher Desk Services and your Submissions.
Successful Licencing and Payment
In the event that we successfully market your Media to Third Party Buyers you will be paid 50% of all licencing and assignment fees, including secondary and subsequent licencing paid to The Snitcher Desk by Third Party Buyers after deduction of VAT and similar taxes which fall due.
Payment will be made by electronic transfer to your bank account or into your PayPal account when your fees due reach or exceed £25 and any charges related to the payment method will be deducted.
You will paid for all sales collected within a year of your date of submission to the Snitcher Desk.
Use And Operation Of The Site
This Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by The Snitcher Desk.
We may change the format and content of the Site (or any products or services offered by the Site) at any time.
We may terminate or suspend the operation of the Site (or terminate or suspend provision of any products or services offered via the Site) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.
Notwithstanding any other specific disclaimers and limitations in these T&C, The Snitcher Desk and the hosts of the Site accept no responsibility for and exclude all liability in connection with browsing the Site, use of information on the Site and downloading any material from it including but not limited to any liability for errors, inaccuracies, omissions or misleading or defamatory statements. Whilst we hope you find the content on the Site interesting, the content is for general information only. No warranty is given regarding the accuracy, currency or applicability of any of the content in relation to specific situations or particular circumstances.
Privacy And Data Protection
When you submit Media to The Snitcher Desk you will automatically join our mailing list. We will send you emails from time to time that may include information on our services, updated news, offers and other useful information regarding the development of the Site. We will not pass your information to third parties unless you give your consent.
When you submit Media, we will ask you for certain information which may include personal information.
The Snitcher Desk will collect and use your personal information in order to:
(1) Administer or otherwise carry out our obligations in relation to any agreement that you may have with us;
(2) Anticipate and resolve problems with your service;
(3) Create and inform you of products and services that you may be interested in.
In order to do the above, we need to collect and process personal information about you (including but not limited to your name, address, telephone number and email address). We may ask you for this information on the Site.
The Snitcher Desk will not disclose any personally identifiable information without your permission unless we are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention of crime or fraud). You will be treated as having given your permission for disclosures referred to in this policy.
In order to help us provide you with the highest level of service we may use the information you supply for:
(1) Market research;
(2) Sending you information about The Snitcher Desk products and services.
If you do not wish to receive mailings from The Snitcher Desk you can cancel your subscription to the mailing list by contacting us with the subject of ‘UNSUBSCRIBE’.
We may automatically collect non-personal information about you, such as the type of browsers you use or the web site from which you linked to us. This information is only used to assist us in providing an effective service on the Site.
We may, from time to time, supply the owners and operators of third party web sites which have a link to our Site with information about the number of users linking to our Site from their web site. You cannot be identified from any of this information.
This Agreement sets out the entire agreement and replaces all other agreements between the parties relating to the subject matter of this Agreement. It shall also apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
Each clause and sub-clause in this document stands alone. If for any reason an individual item becomes unenforceable, as deemed by a court of law, this in no way alters the validity of the remaining restrictions. In the event that any part of these T&C is held to be unenforceable, such part will at The Snitcher Desk’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
No failure to exercise and no delay in exercising any right under this Agreement shall be a waiver of it nor shall such prevent any other or further exercise of it or any other right. Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
If The Snitcher Desk does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
Each party to this Agreement shall act in good faith towards the other.
If you do not accept these T&C you should not submit any Media to The Snitcher Desk.
These T&C shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit The Snitcher Desk’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
These T&C (and the provision of goods and services by The Snitcher Desk) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these terms or in relation to services by The Snitcher Desk, the English courts will have exclusive jurisdiction over such dispute.
This Site is directed at individuals in the UK. If you choose to access this Site from other locations it is your responsibility to comply with all applicable local laws.
All questions, comments or enquiries should be emailed to [email protected] or by post to The Snitcher Desk, 87/11 East London Street, Edinburgh, EH7 4BQ United Kingdom.
Modification Of These Terms And Conditions
The Snitcher Desk may modify these T&C at any time. The Snitcher Desk will post the modified T&C on the Site at this page. The Snitcher Desk will notify you by email if it does so. The modified T&C will come into effect as soon as they are posted on the Site and use of the Site (or of any services provided through the Site) after that point will be subject to the modified T&C.
Termination Of This Agreement
The Snitcher Desk shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of The Snitcher Desk upon your breach of any part of these T&C whatsoever.
Termination shall be without prejudice to the accrued rights of either party.
The Snitcher Desk shall not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Either party may terminate this Agreement immediately by written notice if the other:
(1) commits any material breach of any term of this Agreement which (in the case of a breach capable of being remedied) shall not have been remedied within 14 days of a written request to remedy the same;
(2) is adjudged insolvent, bankrupt or is unable to pay its debts as they fall due, or makes an assignment for the benefit of its creditors generally.
Site Operator Information
This Site is operated by Freak Marketing Limited. Registered in Scotland (no. SC201037). Registered address: 25 Castle Terrace, Edinburgh, EH1 2ER United Kingdom.
Email address: pictures((at))thesnitcherdesk.com