Welcome to Sotelano Media Ltd
Here are our Terms of Service for Artists. Please read them carefully before you get started! They apply to you when you register as an artist and use the services available to Sotelano Media Ltd on any the Sotelano Media Ltd platforms and within the Sotelano Media Ltd mobile applications (iOS and Android). Martin Sotelano, Cover Photo Stock, Royalty Free Art-box, Art Erotica Cafe & The Artists Mate are operated by Sotelano Media Ltd (“Sotelano Media Ltd ” or “We”). Further information can be found in the Imprint.
Valid from January 1, 2021
1. Acceptance of Terms
Sotelano Media Ltd and its brands is a community and marketplace for photos and videos.
Here you have the opportunity to sell licenses for your Content on our platform and through our distribution partner network, thus allowing third parties to purchase your Content. Additional regulations under section 9 apply.
Sotelano Media Ltd and its brands also publish a print magazine and organize various events, exhibitions and workshops.
Sotelano Media Ltd and its brands are not a platform for storing and managing your Content. Therefore, always keep copies of your Content safely backed up outside your user account!
We have the right to modify or discontinue our services at any time. There is no entitlement to the provision of user accounts, participation in the Sotelano Media Ltd and its brands (Section 9.1),the selection of your Content for the Sotelano Media Ltd and its brands and/or partner platforms, unlimited uploads, or the error-free and uninterrupted availability of the Sotelano Media Ltd and its brands platform and services.
You can register with Sotelano Media Ltd and its brands if you meet the age requirements as per section 4 and you are not a member of a copyright collecting society. You can register by entering a valid email address and a secure password. You may select a username, provided such username is still available and does not violate any third-party rights, laws or regulations.
Your registration becomes effective once you have completed the registration process and we confirm this or activate your account.
Your user account is only valid for you personally, i.e. you may not create a user account for a third party, transfer it to a third party or allow a third party to use it. You are responsible for all activities that take place in your user account and must inform us immediately in case of unauthorized access to your account.
With your registration you have the opportunity to choose whether you would like to receive our newsletter and community updates, from which you may unsubscribe at any time. Consent to such updates is not required for your registration.
Any information that you provide to us in the course of registration must be complete, correct and up to date at all times so we can get in touch with you when necessary. Please choose a secure password and keep this password confidential. We reserve the right to adjust password requirements at any time to meet current security standards. If you become aware that your password is or may have been compromised, you are obliged to inform us immediately at firstname.lastname@example.org. Please note that we may have to reset your password to ensure the security of your account.
We also have the right to amend the requirements for registration or for future use of user accounts (e.g. ID authentication) at any time. If you do not meet these subsequent requirements, we are entitled to restrict the usage of your account or terminate our contract in accordance with section 12.
4. Age restrictions
To join Sotelano Media Ltd and its brands you must be at least 18 years old. By registering, you confirm to meet these age requirements.
To activate your account for Sotelano Media Ltd and its brands (section 9.1), you must be at least 18 years old.
We may ask you to provide proof of your age at any time and may therefore contact you.
5. Upload of Content
You can only upload Content to Sotelano Media Ltd and its brands, if such Content is your original Content, which means only you created it and you did not copy, edit or imitate any third-party work. Your Content must not violate our Terms of Service and any applicable local laws and regulations, and you must have the unrestricted right to provide us with such Content to the extent defined below.
When uploading Content, you have the option of adding the location in which your Content was captured and thus making the location visible to others. Sotelano Media Ltd and its brands may suggest the location based on the metadata of your Content. You can also add tags which are suggested by our image recognition software and of course you can create own tags.
By uploading Content to your user account, you agree that your Content, name and username may be publicly visible on Sotelano Media Ltd and its brands and may be liked, commented upon and shared in social networks (e.g. Facebook and Instagram) by Sotelano Media Ltd and its brands and other users.
For the upload of Content onto Sotelano Media Ltd and its brands, please see section 9.2 for additional information and requirements. Sotelano Media Ltd and its brands may at any time amend content and/or technical requirements for uploading Content and may refuse to upload certain Content at its discretion.
You can delete your Content from your user account at any time. For further information and removal of Content please see section 12.
6. Prohibited Content and Unacceptable Use of Sotelano Media Ltd and its brands
Content or conduct that violates the rights of third parties or violates applicable laws is not permitted on Sotelano Media Ltd and its brands. This includes in particular the following Content and conduct:
Pornographic, insulting or racist Content as well as Content that violates laws or regulations for the protection of children or young people. This also applies to usernames, tags, captions, and comments that you add to your Content or that of other users.
Content of third parties, i.e. Content that you have not created yourself or that you have copied or imitated in whole or in part without the consent of the respective rights owner.
Content which impairs or infringes the rights of third parties, in particular personal rights, copyrights, trademarks or other intellectual property rights.
Using Sotelano Media Ltd and its brands for direct advertising purposes or contacting other users, licensees, customers and/or partners of Sotelano Media Ltd and its brands for the purchase or sale of products or services, as well as any form of spam or other harassing behaviour (e.g. when commenting on Content).
7. Reporting and Removal of Prohibited Content
We cannot comprehensively check Content uploaded on our platform for potential rights violations. If we receive indications of illegal Content or discover violations against third party rights, applicable laws or our Terms of Service, we may, at our sole discretion and without notice, delete such Content from your account.
If you discover Content on Sotelano Media Ltd and its brands that violates copyright, privacy or other rights of third parties, contains pornographic or violent Content or violates our Terms of Service, you may report such Content at any time via the app or website (“Contact”) or contact Sotelano Media Ltd and its brands directly. Your report must contain specific information about the violation to be processed. You will find further information on our website. Reports with insufficient information may not be answered. Abusive reports or false statements will be legally prosecuted.
We will review Reports, contact you if we have any questions, and delete any inappropriate Content immediately. We reserve the right to temporarily block and, at our discretion, delete Reported Content. In case of infringements and legal claims we reserve the right to forward your contact information to the claimant to the extent legally permitted.
We occasionally run competitions, in which we search for Content on specific topics or for specific brands. You can participate in these contests if you are registered as a User/Artist with Sotelano Media Ltd and its brands.
By participating in a competition, you agree that we may share your Content, name and username with the Competition Partner. You also grant us and our Partner the right to use your Content free of charge to promote the Competition on social media channels, websites or in print. You hereby acknowledge that this may also be associated with advertising purposes of the partners and that no separate remuneration will be due. We and our partners are entitled but not obliged, to name you in such use. Furthermore, the respective Competition Terms shall apply.
9. Royalty Free images participationTerms
This Terms only apply to you if you wish to offer your Content for sale to third parties via Sotelano Media Ltd and its brands and through our distribution partners and for this purpose have joined the Sotelano Media Ltd and its brands by activating your account for Market use.
Our distribution partners include renowned photo agencies, stock photo collections and other distribution platforms. Sotelano Media Ltd and its brands may terminate distribution partnerships and enter into new distribution partnerships at any time. You cannot determine for which distribution partners your Content is selected.
9.1 Royalty Free images websites– Activation
You can become part of any of our Royalty Free Images websites/platforms if the following requirements are fulfilled:
You are at least 18 years old.
You need to provide your full name, registered address, and pay-out information.
You cannot sell Content as an entrepreneur or company.
Sotelano Media Ltd and its brands reserve the right to adjust or amend the requirements for an user activation at any time and in particular to request verification of your identity.
All information must be correct, complete and updated at all times. If information is incomplete or incorrect, we reserve the right to restrict your usage on any of our platforms. We may contact you regarding questions about your registration and Content, and to notify you about license sales or exclusive license requests.
Please note that in accordance with section 9.7, pay-outs of your license shares can only be made to you if you are registered with the payment service provider selected by Sotelano Media Ltd.
9.2 Upload of Content
Once your account has been activated for Sotelano Media Ltd and its brands, you have the option to add Content to our website. This does not mean that your Content qualifies for our distribution partners and is directly offered for licensing, but is subject to a review process. Such review is primarily automated using image recognition software and is otherwise at the discretion of Sotelano Media Ltd and its brands and our distribution partners. You can see which Content has been selected for distribution partners in your user profile. The time frame for review and selection can vary.
To improve the chances of selling your Content, you should consider the following factors when uploading:
Add as many tags as possible to your Content and make sure they are accurate and not misleading, especially when you are describing places, landmarks and events. The more precisely your tags describe your Content, the better it can be found by potential buyers.
Add the correct location (if applicable) where your Content was captured to your Content.
Always choose the best quality resolution available. If we need a higher resolution of certain Content for licensing, we may contact you.
Do not upload identical or nearly identical Content (so-called “sister images”).
9.3 Model and Property Releases
To license a photo without restrictions, all third-party rights affected by the photo must be cleared.
When you upload Content on which people are recognizable or identifiable by certain characteristics or attributes (e.g. scars or tattoos), you must obtain and provide documentation of their consent to use such Content (“Model Release”). You must also provide a Model Release for yourself if you are visible in the Content.
When you upload Content which depicts third party property (e.g. real estate, offices, apartments, parks, museums) or otherwise affects the rights of third parties (e.g. trademarks, logos, copyrights, intellectual property), you must obtain and provide documentation of permission from the rights owner(s) for the use of such Content (“Property Release”). Such consent is usually required if you have to purchase a ticket for a certain location (e.g. parks, castles, museums, music or sports events, etc.).
You are solely responsible for obtaining such permissions. The above explanations are not exhaustive and do not relieve you of your responsibility and examination of your Content according to the applicable local laws and regulations. This applies regardless of whether Sotelano Media Ltd and its brands conducts its own review or makes recommendations. If you are unsure whether your Content requires a release, feel free to contact us.
9.4 Grant of Rights
With respect to Content that you added to Sotelano Media Ltd and its brands, you grant us the non-exclusive, transferable right to offer such Content for licensing through Sotelano Media Ltd and its brands and our distribution partners worldwide. This includes the right to reproduce, distribute, publicly display and promote such Content and to grant non-exclusive rights of use to third parties.
These non-exclusive rights include the right to use such Content worldwide and in perpetuity in any media and context (private, editorial and commercial), including, but not limited to, print and online media, for newsletters, book covers, book illustrations, posters, art prints and products of any kind, to distribute, exhibit, make available to the public and reproduce publicly, to edit in compliance with your moral rights, to combine with other works and content, and to use for the production, sale and promotion of goods and services of all kinds.
If third parties are interested in licensing exclusive rights, we will always ask you separately for your consent and will therefore contact you.
For the purposes of licensing and distribution, we may edit your Content (e.g. format it, change the image resolution, create thumbnails, add or replace titles and tags), add watermarks, reproduce it, transmit it to distribution partners, publicly perform and make it publicly available. At the same time, you allow us to use your Content free of charge for the promotion of our platform, services and/or your Content, e.g. on our website, social media channels, and in internal and external communication. The same applies to our distribution partners.
The right to distribute and sublicense your Content remains valid until complete deletion from Sotelano Media Ltd and its brands and partner platforms according to section 12. You can request the deletion of your Content at any time. The conditions for this can be found in section 12.
9.5 License Terms and Pricing
We may define license terms and license prices for the licensing of your Content at our reasonable discretion and may negotiate such with third parties. We will thereby take standard market conditions for stock photography licenses in consideration. The license prices for distribution via our partners are usually determined by the distribution partners upon their discretion. EyeEm and partners may offer special pricing, packages and discounts at any time. If you do not agree to this, you should not add your Content to Sotelano Media Ltd and its brands. The current license prices are available on our websites under Pricing.
9.6 Sales notifications
We will inform you about sales of your Content after the expiry of any legal or contractual withdrawal periods, as applicable, and after receipt of payment. You will then receive a sales notification within the app and/or by email.
You acknowledge that the information about a license sale may occur later than the use of your Content by third parties. The reason for this may be that, especially in the case of the licensing via our distribution partners, reporting is already delayed (e.g. once a month). If you notice that your Content is being used by third parties but have not yet received a sales notification, please contact us first and not the licensee or user of your Content until we have checked the status of licensing.
9.7 Your License Share and Pay-outs
When we sell your Content via Sotelano Media Ltd and its brands or our distribution partners, you will receive a share of the license or sublicense fees actually received by Sotelano Media Ltd and its brands from the sale of your Content after deduction of sales-related taxes, including transaction and currency costs, if any, and other fees (e.g. withholding tax, if applicable).
The License Share applicable to your sales is determined by the agreement. This is published on our website.
If your License Share reaches an amount of £ 50.- or the equivalent amount in a local currency, as offered by Sotelano Media Ltd and its brands as pay-out currency (“Minimum Pay-out”), you can request payment of your License Share by submitting a “Pay-out request” in your account. In addition, you may request payment of your accumulated unpaid royalties once a year as well as in case of the deletion of your user account according to section 15 by writing to customer support. As soon as you have submitted a pay-out request, the payment will be processed by a payment service offered by Sotelano Media Ltd, usually within 7 days. Please check if the payment service used by Sotelano Media Ltd is available in your country and if you are registered for the payment service, if necessary. Please note that pay-outs (if required) can only be made via the payment service selected by Sotelano Media Ltd. Also check whether the pay-out to you was successful or whether the payment service requires any further action on your end. Sotelano Media Ltd assumes no liability for a successful pay-out. If new attempts are made to pay-out available funds due to circumstances beyond Sotelano Media Ltd control, any costs incurred will be deducted from the amount of the next pay-out.
We will keep your License Share available for payment for the period of the statutory limitation periods (i.e. for 3 years). After this period, your right to payment will lapse. Therefore, please check your user account regularly to see whether you have any outstanding pay-out claims.
Should we be notified or get aware of a copyright violation or other violation of third-party rights (with regard to Content uploaded by you) after notification of a license sale to you, we are entitled to withhold pending pay-outs until final clarification of such legal claims to the extent to which we might have claims for damages against you. This applies to all pending pay-outs of License Shares, no matter if they refer to the reported Content or other Content uploaded by you.
If we receive a notification of a license refund (due to legal or contractual rights of withdrawal or return periods) we are entitled to offset any executed pay-out with future pay-outs or reclaim any payments already processed. This also applies in cases in which transactions were made in violation of our Terms of Service as well as in violation of criminal laws (e.g. credit card abuse, copyright infringement).
10. Credits and Moral Rights
Sotelano Media Ltd and its brands are entitled to publish and share your name and/or username with third parties (licensees and partners) in connection with the use of your Content but does not assume any responsibility for compliance with any applicable credit obligations.
Attribution may be excluded, especially in the case of commercial use, in accordance with industry practice and applicable licensing terms. You acknowledge and agree that Sotelano Media Ltd and its brands and licensees of your Content may use your Content with or without attribution and thus you waive your right to be named as the author of such Content to the extent permitted by law. You further waive any claim of infringement of any other moral rights for those jurisdictions that permit a waiver of moral rights.
11. Notifications and Communication
In your account settings, you may choose which notifications you want to receive via the app and email. With each approval you give your consent that we can notify you about the information and topics you have selected. You can revoke this consent at any time in your account settings.
We may contact you at any time concerning information required for the performance of the contract or fulfilment of a legal obligation (e.g. payment of your license share according to section 9.7 even after termination of the user contract). The storage and processing of your personal data and the communication with you is carried out in accordance with the Sotelano Media Ltd and its brands, which you can access on the website and in the app at any time.
12. Removal of Content
You can delete Content that you have only shared within the Sotelano Media Ltd and its brands directly in your account at any time. Content that has already been shared on Sotelano Media Ltd and its brands or social networks may still be visible after such deletion.
To delete your Content from the Royalty Free market and partner platforms, you can also submit a deletion request. If you wish to delete multiple Content from Sotelano Media Ltd and its brands at once, you can also contact us and provide us with the Content ID numbers that you wish to delete. Please indicate whether you would like to delete the respective Content from Market only or completely from your user account. Complete deletion from Sotelano Media Ltd and its brands and distribution partner platforms may take up to 180 days from the date of your deletion request.
You hereby acknowledge that the authorization to market and license your Content according to section 9.4 will remain valid until the Content is finally deleted from Sotelano Media Ltd and its brands and from all partner platforms within the time frame indicated above. All license agreements entered into before complete removal and the rights of use granted thereby remain unaffected by the request for deletion.
If you wish to delete Content from Sotelano Media Ltd and its brands because you realize it violates the rights of third parties, you should mark your request for deletion as “urgent” and also provide information to us. In this case, we will make every effort to delete the content more quickly and instruct our partners accordingly, but we cannot guarantee this.
We may at any time and without notice delete Content from your user account which in our opinion violates the Terms of Service.
13. Your Liability
You alone are responsible for your conduct as a user and compliance with these Terms of Service and applicable laws.
With each upload of Content, you guarantee that
You are the sole originator of this Content, i.e. you have created it on your own, and you can freely dispose of the Content and existing rights of use and are not violating any other contracts with third parties, e.g. you have not yet transferred any non-exclusive rights to third parties and have not assigned any rights to copyright collecting societies;
Your Content does not violate any applicable local laws or regulations;
Your Content does not violate the rights of third parties, and you have obtained the necessary consents from the rights holders; and
The releases you have provided are valid and binding and grant all rights to use the Content commercially without further consent
You will indemnify us and hold us harmless from and against any claims made against us by third parties for any violation of applicable laws or of your obligations or warranties under these Terms of Service. This includes the costs necessary to defend or defend against such claims, and also applies to claims that may be made after termination of our contract.
Please note that we may be obliged to pass on your personal data to third parties to the extent permitted by law in the event of legal claims for information and damages.
14. Our Liability
Content uploaded to Sotelano Media Ltd and its brands is third party Content. We check such Content for potential legal violations to the extent technically possible and commercially reasonable.
We hereby exclude liability for illegal, incorrect or incomplete Content and in particular for damages resulting from the use of uploaded Content to the extent permitted by law. This also applies to links to our platform (e.g. to user profiles) and from our platform to external websites. We also exclude any liability for illegal copying of your Content by third parties.
However, we are liable without limitation for damages (a) resulting from injury to life, body or health caused by a breach of duty by us or one of our legal representatives or vicarious agents, (b) caused by the absence of a quality guaranteed by us or (c) caused intentionally or by gross negligence by us or one of our legal representatives or vicarious agents. In the case of damage to property or financial losses caused by slight negligence, we shall only be liable in the event of a breach of a material contractual obligation and only up to the amount of the damage foreseeable at the time of conclusion of the contract. Material contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance a contractual partner regularly relies and may rely.
Liability for indirect and unforeseeable damages, loss of production and use, lost profits, savings and financial losses due to third party claims is excluded in the case of simple negligence – except in the case of injury to life, body or health.
Any further liability other than in this contract is excluded – regardless of the legal nature of the asserted claim. However, the above limitations or exclusions of liability shall not apply to any mandatory strict liability or liability under a strict guarantee.
15. Termination and Deletion of Your Account
You have the right to terminate our contract at any time. Please contact email@example.com for the termination and deletion of your user account. In this case we will delete all your Content. The deletion periods for Content according to section 12 apply. Please make sure that you have requested the license shares available for pay-out before requesting the deletion of your user account. You can also request the pay-out of amounts below the applicable Pay-out Minimum according to section 9.7 within the deletion request process. We will inform you by email about any license sale processed until complete deletion of your Content in accordance to section 12 and will therefore keep your email address in our database.
If you violate these Terms of Service, we may delete your user account at any time without prior notification and restrict you from any future registration. Furthermore, we may terminate our contract with a prior notice period of 4 weeks by email if your user account has not been used for at least 12 months.
16. Modifications to the Terms
We have the right to update the Terms of Service at any time in accordance with this provision. If we make changes, we will publish the updated Terms of Service on our platform. In addition, we will inform you at least 4 weeks before such new Terms of Service come into effect within the app or by email. This information obligation does not apply if you register for Sotelano Media Ltd and its brands at a time when we have already published new Terms of Service that are immediately applicable to new users.
If you do not agree with the changes, you may terminate the contract with Sotelano Media Ltd and its brands by email to firstname.lastname@example.org within 4 weeks after notification. We will then delete your user account and remove your Content in accordance to section 12.
If you do not terminate the contract within the notified period, your continued use of the Sotelano Media Ltd and its brands services shall be deemed to constitute your acceptance of the new Terms of Service. When we notify you of the new Terms of Service, we will also inform you of your right to terminate the contract, the termination period and the consequences of continued use after the expiry of such period.
17. Final Clauses
A transfer of rights and obligations from the Terms of Service and the contract established by the Terms of Service to third parties requires your prior consent. This does not apply to a transfer of rights and obligations to affiliated companies, in particular the transfer of operational control and responsibility of the platform and other services. For the transfer of rights to distribution partners, the authorization according to section 9.4 applies.
The Terms of Service shall be interpreted according to UK law. The UN Sales Convention is hereby excluded. The place of performance for the granting of rights is our registered office, if legally permissible.
Should any provision of these Terms of Service prove to be invalid, ineffective or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall not be affected thereby. Invalid or missing provisions shall be replaced by statutory law.
If you have any questions about these Terms of Service, you can contact us.