Terms of Sale
1. Information and general conditions
This contract is a legal agreement for the sale and purchase of files between yourself (hereinafter, the “provider user”), as the contributor and seller of files for the APPARAZZIS SPORT website, and GETHENEWS S.L, as the purchaser, distributor and subsequently the licensor, via the KILFI website.
On accepting the terms of this contract, the provider user may upload files to the website. Each file must always be uploaded in accordance with the conditions of this contract.
This contract takes effect when the provider user registers on the Kilfi platform and will remain valid until its termination. If the provider user considers that the stipulations in the contract are unacceptable, he/she must abstain from using the platform and its files and terminate this contract in accordance with the procedure described below.
The Kilfi website contains files, information, software, illustrations, photographs and similar files that are subject to copyright, trademark or rights connected with the website.
The files available on the platform are provided by Kilfi’s partners in accordance with provider contracts. The acquirer user has the possibility and the right to download files in strict compliance with the conditions established in this user contract.
– Categorization of content: editorial and commercial use.
The content administered by the user-provider must be properly categorized regarding the final use: editorial and commercial. The user-provider is responsible of establishing correctly the contents’ purpose for it to be acquired. When uploading contents in Kilfi, the user-provider puts poneputs on sale the right of use of said content. This right of use is limited to:
- Editorial right of use: a content marked for “editorial use” is any content that cannot be used for commercial purposes. It has been created for its use in news media and other public interest non-commercial purposes.
- Commercial right of use: “Commerical use” in its strict sense is any promotion or advertising campaign of a product or service that, directly or indirectly, generates income. To be able to use those images with commercial purposes it is necessary to obtain a separate license that contains the permit of all parts involved.
Hereafter a non-exhaustive list is compiled, subjected to the restrictions and limitations part of the jurisdiction of each user, that identify the basic features of content of editorial use.
- It can be used in any newsworthy context or of cultural interest, usually in articles in newspapers and magazines, news blogs or similar media related to the events.
- It cannot be used with commercial purposes, such as advertising, promotions, advertising features, goods, etc (even if an extended license has been acquired) without first obtaining written consent of third parties as the owner of the content or, if necessary, of recognizable people or the ones corresponding to unique constructions or identifiable objects in the content.
- It cannot be modified, except for smalle changes of technical quality, slight croppings or resizing, and only if the editorial content and the original meaning is kept.
- When editorial pictures are used in a printing context, websites, blogs, etc., the credit line must be included, showing it on the site and contained in the credit line field. For example: “Agency name/Author name”.
- When editorial pictures or videos are used in films, television programs, podcast and others, this credit title must be included “Pictures and/or videos used under the license of Agency name/Author name.
Examples of contents that for their main features are of editorial use:
- It has a celebrity.
- It has a a person without a consent form Incluye a una persona sin un formulario de consentimiento.
- It has a registered trademark, service mark or objects (including buildings and locations) with a registered trademark.
3. Prices and payment options
Upload and hosting of audiovisual content is free.
The provider user will establish the final retail price of the content he/she uploads to the platform. When a third party (an acquirer user) purchases the content via the KILFI platform or any other platform, a transaction will be generated whereby Kilfi is the purchaser and the provider user is the seller.
– Content available on the Kilfi website:
The provider user will receive 60% of the final retail price of the content, which will be set by the actual provider user for each of the cases described below. The pictures and videos have three different prices, depending on the desired download quality (size or resolution).
- Low: The minimum quality/resolution available.
- Medium: The medium level of quality/resolution of the three levels offered.
- High: The maximum level of quality/resolution available for the desired file.
The size, quality or resolution characteristics associated with each file can be consulted in its associated product specifications. The Collaborator must provide the file with the maximum quality only. Kilfi will then adjust it to the other two levels of size, quality or resolution, which will be defined and decided by Kilfi.
Kilfi has other sales channels apart from its own platform. In any case, the prices offered to the final purchaser will be the same as those previously established by the Collaborator, maintaining the respective distribution ratio of 60% (Collaborator) and 40% (Kilfi).
– On-demand content:
Kilfi offers its clients the possibility of commissioning audiovisual content. In this case, in accordance with the Client’s request, the Collaborators best able to cater to this request will be notified electronically so that they can send KILFI a proposal, for adaptation and preparation for the end Client.
The prices indicated by the Collaborator will be the reference for calculating the payment received if the Collaborator is the selected offeror. In this case, the payment received by the Collaborator will be 60% of the price they have indicated. Kilfi reserves the right to alter the prices offered to the end client, without prejudice to the purchase prices previously established for the Collaborator.
In any case, the Collaborator must indicate net prices, exclusive of VAT, which will be applied to these prices in accordance with applicable legislation.
4. Preconditions for Use and Access Passwords
On accepting the terms of this contract signed on creating a provider user account and uploading your files to the KILFI platform, you guarantee that:
- You are over 18 and have sufficient capacity to be bound by any liability.
- You are an audiovisual sector professional (an individual or a company).
- You are the author and creator of all the files you upload, or have the relevant written permission from the actual creator of the content.
- You hold all the necessary documents and rights to publish and use your files and all related elements (model or property authorisations, etc.).
The user confirms that he/she agrees to an identification process being required to access his/her profile and agrees to the operations necessary for accessing the website content. The user name and password selected by the user are confidential information. The user understands that he/she must not disclose this information and undertakes to keep it secret and not to reveal, provide or offer personal access data to any third parties without express written authorisation from Kilfi.
The provider user understands that Kilfi uses the user name and password with the sole purpose of establishing the contributor’s identity.
5. Upload and provision of Files
The contributor uploads files to the website in different formats using Kilfi’s own tools or others authorised by the platform, for subsequent publication on the website.
Both parties agree that all the files uploaded by the provider are subject to the regulations and conditions of the Kilfi website.
6. Requirements for uploading files
By the mere fact of uploading files, the contributor confirms and guarantees that:
- The provider user is the owner of all the property rights and other rights corresponding to the file, or has the relevant authorisation from the actual owner to act on their behalf.
- None of the files uploaded have been used previously, or will be used, by the contributor for the creation of logos, brands or registered trademarks, whether for personal use or that of third parties.
7. Requirements for the Files
Requirements for photographs:
- Photographs must be in JPEG/JPG format with RGB colour;
- The minimum resolution is 8 MP (2400 x 1600 pixels);
- The photographs must not exceed 50 megabytes.
Requirements for vectors:
- Supported formats for vectors: .AI and .EPS;
- Vector images must be in a Zip file with preview in JPEG/JPG format. The minimum resolution of the preview in JPEG/JPG format is 3.8 MP (2400 x 1600 pixels);
- No individual Zip file may exceed 50 megabytes.
Requirements for videos:
- The following video formats are accepted: ASF, AVI, DV, FLV, MOV, MPEG/MPG, WMV;
- The following video codecs are accepted: Photo JPEG, Motion JPEG-A/B; DV, HDV, DVCPro; H.264/AVC, DivX, Xvid, SVQ1, MP42, MP43, MPG4, MP4V, M4S2, MPEG-1, MPEG-2; WMV2, WMV3; FLV;
- The number of frames per second (FPS) must correspond to the video format (NTSC standard 29.97 FPS or PAL standard 25 FPS). We accept 23.976, 24, 25, 29, 97, 30, 50, 59.93 or 60 FPS;
- The minimum resolution is 0.07 MP (320 x 240 pixels). There is no limit on the maximum resolution;
- Minimum duration of video: 3 seconds. Maximum duration: 60 seconds;
- The compression level must correspond to the best possible image quality;
- Audio will be accepted if it forms part of the scene (ambient noise, voices etc.). The video MUST NOT contain any audio that is not the property of the video contributor;
- The maximum file size for the video is 2048 MB.
8. Rights, obligations and responsibilities of the Provider User
- On registering, the provider user may upload his/her audiovisual content to the servers by any of the means contemplated (web platform or mobile app).
- The provider user undertakes to supply accurate data for his/her personal profile, including data connected with the payment method.
- The provider user commits to exclusivity, agreeing to sell his/her files exclusively to GETHENEWS S.L via the KILFI platform. If the files to be uploaded by the provider user are already included in other image banks or on similar websites, the contributor must remove this content before the contract is considered to have been infringed and is terminated.
- The provider user undertakes to only share truthful, legal content complying with our Editorial Policy , including the additional information apart from the content.
- The provider user undertakes to only upload content of which he/she is the legal owner or for which he/she holds written permission from the real owner.
- The provider user acknowledges (at his/her own responsibility otherwise) that the files provided do not contain any programming malware, virus, worms, Trojans or any other invasive, destructive or malicious software, or any other mechanism or device that may be used to alter or damage the Kilfi platform.
- The provider user undertakes to ensure that the files contain full, necessary and sufficient information for their sale on the Kilfi platform.
- The provider user acknowledges that the content uploaded to the platform and all the information deriving from the same commits no infringement of author’s copyright, property rights or similar.
- In short, the provider user assumes all liability and risk deriving from the use of the platform and the services it offers.
The contributor authorises Kilfi to provide licences to acquirer users for exclusive or non-exclusive files. Kilfi and the potential licensees have the right to reproduce, use, publish, republish, compress and transfer files, as well as the right to change, modify, create and sell printed copies or copies created using different technologies, and to exhibit, publicly display and replicate files.
Kilfi reserves the right to use the files as part of its own activities or those of third parties connected with the issue of licences for the files or promotional purposes, marketing and advertising. The provider user agrees not to charge commission for the use of its files for such purposes.
10. Intellectual Property
The intellectual property rights belong to the provider user, who, in the case of exclusive sales, undertakes not to sell the content to anyone else. The provider user shall be liable in case of non-compliance.
The Kilfi platform prohibits the upload of any file or descriptive information that infringes any author’s rights, patents, registered trademarks, property rights or any other similar property law or right that may be applicable.
The provider user agrees and acknowledges that Kilfi, its platform, its directors, administrators, employees, partners, agents or affiliates shall not be liable for any direct or indirect damages resulting from intentional or accidental acts deriving from the use of any file available on the platform.
11. Limitation of Kilfi’s Liability
- Kilfi shall not be liable for any untrue content supplied by the provider user on uploading the file.
- Neither shall it be liable for any possible unlawful acts related to the uploaded files sent by the provider user at the time of their creation or recording and those contained in the file itself. The provider user shall hold the liability in such cases.
- Kilfi reserves the right to remove, block or edit any file or part thereof that may be considered a breach of contract or of any intellectual property right or author’s copyright, including similar rights of third parties.
- It also reserves the right to correct errors and edit the information in the files uploaded by the provider user at its own discretion.
- To optimise the use of the image bank, it reserves the right to periodically delete files uploaded to the website by its providers, if they have not been sold after a long period of time or have been disabled or rejected due to their content.
- Kilfi is not bound to effectively sell all the files uploaded by the provider user.
12. Termination of the contract
This user contract shall be effective until the time of its termination. For this purpose, the user may contact the Kilfi platform at any time, providing identification, and confirm their intention to terminate the contract.
At its own discretion, Kilfi reserves the right to suspend, terminate or restrict the user’s right to use the website and its resources as a result of the user’s non-compliance at any time, with no proof or advance notice being required.
The termination of the user contract does not automatically exempt the user from liability. Similarly, Kilfi’s rights, obligations and liabilities shall continue to be valid after termination of the contract.
Kilfi reserves the right to continue selling already accepted files until they are removed from the platform. On cancelling his/her user profile and access to the files on the platform, the user confirms that he/she waives any credit that may remain in his/her account.
13. Jurisdiction and Applicable Law
For all issues arising with regard to the interpretation, application and compliance with this contract, and in case of any claims deriving from its use, all the intervening parties shall expressly waive any other forum which may correspond to them and expressly submit to the Courts and Tribunals of Madrid.
These terms are governed by Spanish law.
14. User Declaration
On accepting the terms and conditions of this contract, the user confirms that he/she has read and understood its content or, if not, that he/she has had the opportunity to be counselled by a professional before accepting it.
The user confirms that in addition to the conditions of this contract, he/she has become familiarised with those of other contracts mentioned and agrees with the restrictions imposed. If the user does not accept any of the conditions of any of Kilfi’s contracts, he/she must cease using the platform.
The user may not transfer these Terms or any other contract and/or transfer his/her rights and obligations, totally or partially, to any third parties. Kilfi may totally or partially transfer and/or convey the user’s rights and obligations to any third party designated at its total discretion.