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 website, and GETHENEWS S.L, as the purchaser, distributor and subsequently the licensor, via the APPARAZZIS 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 APPARAZZIS 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 APPARAZZIS 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 APPARAZZIS’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.
The contents made available to the media through Apparazzis can only be used with editorial purposes, commercial exploitation rights excluded.
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.
Upload and hosting of audiovisual content is free.
Prices are established by Apparazzis, after our platform having accepted the contents uploaded by the user. This pricing is based on the content’s value as a piece of news, and might vary depending on the higher or lower news-value.
When a third party (an acquirer user) purchases the content via any of our sales channels, a transaction will be generated whereby Apparazzis is the purchaser and the provider user is the seller.
The provider user will be paid 50% off the final sales price, which will be established by Apparazzis for each sales cathegory: Exclusive, Premiere, Ordinary and Bid.
Even if the content is no longer a piece of news, it will remain available in Apparazzis Platform as stock content
Content available on the APPARAZZIS website:
The provider user will obtain 50% off the final sales price, which will be established for each of the following cases: The contents have four different price levels, depending on the exclusivity right level to use it.
Apparazzi has other sales channels apart fron its own platform, which might be other platforms belonging to Gethenews as well as other online or offline channels.
In any case, the prices offered to the end customer will be the same ones previously established on Apparazzis, mantaining the respective distribution ratio of 50% (collaborator) and 50% (Apparazzis)
APPARAZZIS 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 APPARAZZIS 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. APPARAZZIS 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.
On accepting the terms of this contract signed on creating a provider user account and uploading your files to the APPARAZZIS platform, you guarantee that:
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 APPARAZZIS.
The provider user understands that APPARAZZIS uses the user name and password with the sole purpose of establishing the contributor’s identity.
The contributor uploads files to the website in different formats using APPARAZZIS’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 APPARAZZIS website.
By the mere fact of uploading files, the contributor confirms and guarantees that:
Requirements for photographs:
Requirements for vectors:
Requirements for videos:
The contributor authorises APPARAZZIS to provide licences to acquirer users for exclusive or non-exclusive files. APPARAZZIS 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.
APPARAZZIS 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.
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 APPARAZZIS 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 APPARAZZIS, 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.
This user contract shall be effective until the time of its termination. For this purpose, the user may contact the APPARAZZIS platform at any time, providing identification, and confirm their intention to terminate the contract.
At its own discretion, APPARAZZIS 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, APPARAZZIS’s rights, obligations and liabilities shall continue to be valid after termination of the contract.
APPARAZZIS 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.
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.
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 APPARAZZIS’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. APPARAZZIS may totally or partially transfer and/or convey the user’s rights and obligations to any third party designated at its total discretion.