The Shot

VISUAL CONTENT USAGE LICENSES

VISUAL CONTENT USAGE LICENSES

  1. The Shot (MCOT) at this moment grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited in this document) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth in this document:
    • STANDARD IMAGE LICENSES
      • A STANDARD IMAGE LICENSE grants you the right to use Images:
        • As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “application platforms”, software, e-cards, e-publications (e-books, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, etc.
        • Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the collection.
        • As part of an “OOH” ( Out-of-Home) advertising campaign, including on billboards, street furniture, etc., the intended audience for such a campaign is less than 500,000 total impressions.
        • Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed 350,000 Baht;
        • For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
        • Standard image contents can only be used per campaign.
    • STANDARD FOOTAGE LICENSES
      • A STANDARD FOOTAGE USE LICENSE grants you the right to use Footage:
        • in a multi-media production displayed or distributed via the web, on social media, using so-called “Applications”, or as otherwise disseminated in accordance herewith, provided the audience for such production does not exceed 500,000 people. 
        • in connection with a live performance, provided the audience for all such performances does not exceed 500,000 people.
        • on digital platforms.
      • If the Footage Use License does not grant the rights you require, please contact Customer Service. 
      • A FOOTAGE COMP LICENSE grants you the right to use watermarked, low resolution Footage as a comp (the “Comp Footage”) solely in test, sample, comp, or rough cut evaluation materials. Footage Comp Licenses do not permit you to display or distribute to the public or incorporate into any final materials any such Footage. Comp Footage can be edited, but you may not remove or alter the The Shot watermark. Comp Footage is available to license under the Footage Use License at the time it is downloaded as Comp Footage, but The Shot makes no guarantees and shall have no obligation to ensure that Comp Footage will be available for license at any time thereafter.
      • Footage contents can only be used per campaign.
    • EDITORIAL LICENSE
      • AN EDITORIAL LICENSE includes image and footage grants you the right to make a single, editorial use of an item of Editorial content, which single use may be distributed worldwide, in perpetuity.
      • A “single use” for the purposes of this license permits the use of Editorial content in a single context (i.e., a news story, blog post, page of a publication) a single time, provided you shall have the right to distribute that use in-context across unlimited mediums and distribution channels. For example, the use of Editorial content to illustrate a printed article, maybe reused on a blog, on social media, etc., provided it is in-context to the original printed article. Any use not in-context to the original printed article would require an additional license.
      • An “editorial use” for the purposes of this license shall be a use made for descriptive purposes in a context that is newsworthy or of human interest and expressly excludes commercial uses such as advertising or merchandising.
      • Any use of Editorial Content licensed hereunder is further subject to those express restrictions set forth in RESTRICTIONS SPECIFIC TO EDITORIAL, Section 4 (prohibiting any use distributed via broadcast/cable/OTT, on publication covers, and in print runs in excess of 500,000) as well as any “special restrictions” (e.g., geographical or industry-specific usage restrictions) indicated on the image detail page and/or included in the metadata attached to an item of Editorial Content.
      • All Editorial content shall be deemed “Editorial Use Only” for the purposes of this TOS and all editorial contents are not for resale or commercial usage.
      • Not all Editorial content is available for license from the The Shot website, nor may it be available from all subscriptions. You understand that the Editorial content available for license can change at any time and you shall have no right to demand to license any particular item of Editorial content. If you want to license any Editorial content not available for license from the website, please contact Customer Service.
      • Editorial contents will last for 1 year of use contract.
      • Editorial contents can only be used per campaign.
  2. RESTRICTIONS ON USE OF VISUAL CONTEN YOU MAY NOT:
    • Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
    • Portray any person depicted in Visual Content (a “Model including Iconic figure or Celebrities”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
    • Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
    • Modify Visual Content designated “Editorial Use Only” in a manner that changes the context of what is depicted.
    • Use Visual Content designated “Editorial Use Only” (including, but not limited to, Editorial content) for commercial purposes, including for reference, in any advertising, merchandise or other non-editorial contexts.
    • Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
    • Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
    • Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
    • Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
  3. RESTRICTIONS SPECIFIC TO FOOTAGE
    • Use any Footage in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Amazon Prime), or in theaters.
    • Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
  4. RESTRICTIONS SPECIFIC TO EDITORIAL
    • Use any Editorial content in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Amazon Prime), or in theaters, or in related promotional materials.
    • Use any Editorial content on a publication cover, jacket, or other packaging related to the underlying use.
    • Use any Editorial content in a publication with a print run in excess of 500,000 copies.
  5. CREDIT AND COPYRIGHT NOTICES
    • The use of Images and Footage in connection with news reporting, commentary, publishing, or any other “editorial” context, shall be accompanied by an adjacent credit to the The Shot contributor and to The Shot in substantially the following form:
    • “Name of Artist/The Shot”
    • Editorial credits shall take the following form:
    • “Name of Artist / Agency / The Shot”
    • If and where commercially reasonable, the use of Images or Footage in Merchandise or an audio-visual production shall be accompanied by a credit to The Shot in substantially the following form:
    • “Image(s) or Footage (as applicable), used under license from The Shot”
    • Credit attributions are not required in connection with any other use of Footage or Images unless another stock content provided is afforded credit in connection with the same use. For clarity, attribution is always required for Editorial content.
    • In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
  6. FEE AND PAYMENT
    • Taxes and Third-Party Fees You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
    • Credit Card Information You authorize us to store your payment method and use it in connection with your use of the Services and Software as described in your Subscription and Cancellation Terms. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information that we obtain.

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