This Membership Agreement (hereinafter Agreement) contains provisions concerning the terms and conditions of using Clashot and gaining access to Clashot resources (such as the Website and Mobile application).
The right to access and use the Clashot content is provided for Users who accept all the provisions, rules and conditions of the Membership Agreement. By accepting the terms and conditions of this Agreement, the User confirms that he/she has read the Agreement, understands it and has had the opportunity to seek independent legal consultation before agreeing to it. By using the Website or Mobile application (or any other Clashot resources), the User affirms that he/she has accepted the terms and conditions of this Agreement. If for some reason the User does not agree with or accept the terms and conditions of this Agreement, he/she should refrain from using the Website, Mobile application and other Clashot resources.
By accepting the terms and conditions of this Agreement, the User also accepts the terms and conditions of any Agreement or Document referred to in Section 21 (Confirmation) herein.
Clashot: all the programs, services and material resources, materials and documents, which include, but are not limited to, the Website and Mobile application.
Website: the Website www.clashot.com, including all its services, constituent hardware, software (such as the Mobile application), databases, files, user interface elements, algorithms, the registered Users thereof, and all data related to their use of the Website.
Buyer: User who purchases a File on the Website
User: you, any organization you represent, your successor(s) and authorized agent(s), any User(s) of the Website, Mobile application and their functions.
File: photos, videos or any other content Uploaded to the Website by its Users.
Upload: the act by a User of transferring (Uploading) Files to the Website for display, sale or distribution.
Mobile application: the application supplemental to the Website which can be activated on a User’s mobile device to view, display, purchase, create, transfer, sell and Upload Files owned by the User; or to view files and other content available on the Website. Rules that are applicable to the Website are also applicable to the Mobile application.
Advertising Оffer: a written offer addressed to Users, inviting them to take part in Uploading Files in a specific theme, for which they may receive special compensation if their Files are purchased through the Website. It may also include other terms and requirements for Users.
Documents and materials: any guide, data and other documentation provided to Users through the Website or Mobile application.
Interoperability: in this Agreement, the term has the same meaning as defined in the Digital Millennium Copyright Act, 17 USC § 1201 (F), i.e., "the ability of computer programs to exchange information, and of such programs mutually to use the information which has been exchanged."
This Agreement defines the nature of using the Website and Mobile application by the User. Upon acceptance of this Agreement and provision of User’s personal data necessary for personal identification and verification (including but not limited to User’s given name, date of birth, nationality, address, copy of passport, national ID or driver’s license, etc.), the User gains the ability to utilize the Website, Mobile application and their functions.
In addition, this Agreement governs the legal relations between the Users who Upload Files to the Website and Clashot as the Website operator. By accepting this Agreement, the User designates Clashot to be his/her agent in distributing and licensing the Uploaded Files.
Clashot is the agent that distributes and licenses the Files Uploaded by the registered and verified Users.
All the Files, Documents and materials available on the Website, including the system that arranges and displays them, are protected by the laws and regulations on intellectual property including, but not limited to, copyright law and other similar laws.
Users have the ability to purchase Files Uploaded by other Users, and also Upload and sell their own Files.
The User needs to be registered and the User’s identity needs to be verified by the Mobile application’s and/or Website’s representative to have the ability to purchase Files Uploaded by other Users, and also Upload and sell their own Files. Prior to verification of the User's identity the User shall have a limited ability to use the Website and/or Mobile application.
Upon purchase of a File, the User obtains the right to use it in accordance with the License Agreement. Any use of Files available via the Website or Mobile application without their prior purchase, and without any permission from Clashot, is prohibited.
Files are Uploaded by the Users as they are. In accordance with the provisions of this Agreement, the User gains the right to Upload or otherwise display Files that are his/her property or to which he/she has all the necessary documentation proving that he/she is the copyright owner, on the Website and Mobile application. The User has no right to place Files that do not belong to him/her, or to which he/she does not have all the necessary permissions.
The User hereby acknowledges that it is User’s own responsibility to arrange and obtain any consents and releases in respect to Files Uploaded by User including model releases, property releases, or any other releases issued by a third party who has rights to the File, including but not limited to any permission relating to names, people, works, trademarks and private property, required under any applicable law for any use of the File.
Clashot shall not be responsible for collecting permissions with regard to the Files Uploaded by the User or purchased by the Buyer.
The User shall not sell, transfer, publish, move, copy, make changes, create derivative works, or use the Website content (whether separate parts or a whole File) in any similar way. The only exceptions concern cases when the permission to use any File in such a way is clearly stated in this or in any other Agreement which has come into force when the User commenced his/her work with the Website or as a result of the Users’ actions (for example, in accordance with the License agreement).
The User authorizes Clashot to become his/her agent in licensing Files to third parties, namely to the Users purchasing the Files. Clashot and the potential license holders receive the right to reproduce, use, publish, reissue, compress, transfer, broadcast, place, modify, create prints and derivative works, or any other copies for exhibitions, public displays and replication of the File Uploaded. In addition, by accepting the terms and conditions of this Agreement, the User agrees to provide the right to a lifetime warranty and worldwide dissemination, exclusive or non-exclusive, non-transferable, (sub) License to Buyers, in full compliance with the terms of the License agreements on the Website.
As an agent providing licenses for Users’ Files, Clashot discharges to the User a payment of 44% of the amount the buyer actually paid for the File, regardless of the standard price of the File. If a Buyer uses a discount to buy the File, Clashot will discharge to the User a payment calculated from the discounted amount actually paid by the Buyer, and not from the standard price.
In the event Clashot is obliged to pay any kind of taxes to third parties for purchase of the File, then the payment discharged to the User will be calculated from the actual amount Clashot received after paying all taxes.
In addition, Clashot reserves the right to change the payment a User receives for any File in particular, or for Files as a group.
By Uploading Files to the Website, the User affirms and warrants that:
Clashot shall not be liable for the contents of the Files Uploaded to or downloaded from the Website. The User acknowledges that he/she may deal with Files that contain incorrect, offensive or immoral information. By using the Website the User waives all rights to claim any responsibility of Clashot in respect to the content of the Files.
The User acknowledges that Clashot prohibits Uploading any Files which violate the property rights of trademarks, patents, copyright and other similar rights of ownership. After their Upload, Files become available for display, distribution or sale to other Users.
All the Files are Uploaded to the Website by Users as they are, without any prior moderation by Clashot. Clashot’s staff does not pre-moderate the Files, but reserves the right, but not the obligation, at its discretion, to reject all or some of the Files or post-moderate them.
The User acknowledges and agrees that neither Clashot, nor its management, officers, employees, affiliates, subsidiaries or agents shall be liable for any direct or indirect damages resulting from deliberate or accidental actions in connection with the use or inability to use any of the Files from the Website.
Files marked "Editorial Use Only" are transferred to Users under a limited license and cannot be used for any commercial or promotional purposes. Such Files may contain images of people, private property, recognizable brands and other elements.
The Buyer hereby acknowledges and agrees that in the event that necessary releases are not available, the purchased File may not be used for advertising, promotional or commercial purposes.
Clashot has the right to use Files as part of its activity, related to issuing licenses or advertising on the Website (including the use of Files for promotional or marketing purposes, or in order to sell the Files through the Website or through third parties). When using the Files for such purposes, Clashot does not make any payment compensations to the User.
Clashot reserves the right to determine the amount of compensation paid to the User, when his/her File is sold through the Website or any partner websites. The compensation amount may be the same for all Users, or may vary. Fees may vary, if Clashot so decides, without any prior notification. By accepting this Agreement, the User agrees that Clashot will determine the payment amount he/she will receive, if the Uploaded Files are sold through the Website or a partner website.
Calculation of the Contributor’s payments is based on the price actually paid for the File, rather than on a “standard” price; if the Buyer has received a discount for the purchase of the File, the compensation to the Contributor for this purchase will be derived from the cost paid by the Buyer including the discount, rather than the undiscounted cost basis of the File. The fee percentage paid to the User will not change, but will be calculated from the lower cost of the File, thus resulting in a smaller amount of compensation.
Clashot reserves the right to distribute Files not only through the Website directly, but also through its subsidiaries, affiliates, various applications and supplements to the Website, business partners and other third parties (hereinafter "Partners"). Clashot reserves the right to provide or transfer to Partners within the framework of separate agreements specific rights, restrictions, obligations and licenses related to the Files. Clashot has an irrevocable right to grant access to Partners to Files available on the Website through its programming interfaces (API), or other means accepted and approved by Clashot.
Regardless of the method used to obtain the File by partners or other Users, or any specific channels through which the File became available to Users, the amount of compensation paid to the User will be determined either as a percentage of the standard prices on the Website, or according to individual rates separately calculated for each Partner, depending on the price and terms of delivery. In such cases, the amount of compensation paid to the User may be lower or higher in comparison to the standard price on the Website.
Compensation will be paid to the User, when he makes a withdrawal request, as long as the available balance in his/her account, after deducting all necessary payments (taxes, legal, or other similar payments arising from the application of this Agreement), meets or exceeds the established minimum payment amount.
Clashot allows its Users to create Advertising Offers. Clashot can forward to its Users invitations to participate in Advertising Offers. Some of the Advertising Offers may be addressed only to the Users who have reached a certain age (18 years, 21 years or other age) and such requirements will be additionally mentioned in the text of Advertising Offer. When the User accepts the terms of Advertising Offer, User confirms that he/she has a legal capacity to enter into this Agreement and to be bound by its terms.
The initiator of Advertising Offer confirms that he/she has all necessary permissions, licenses and/or releases to use registered trademarks, logos, image of product or other objects of intellectual property rights to initiate Advertising Offer. The initiator of Advertising Offer shall submit to Clashot such permissions, licenses and/or releases upon Clashot’s request.
All the Files Uploaded as part of Advertising Offer will be sold under commercial license. By confirmation of taking part in Advertising Offer and by Uploading Files the User confirms that he/she is an author of the Files and possesses all necessary copyrights and related rights to the Files for the purposes of sale for commercial purposes, and he/she has all permissions, including model or property releases to use such Files for commercial purposes, for promotion of goods, products or trademarks, etc., without limitations on time, territory, size and number of copies.
Clashot Users within their activity on the Site may receive compensation. Clashot may establish and maintain a payment policy regulating payments to and from Users. Such payment policy may be established as a Section in this Agreement or as a separate document, which shall be an integral part of this Agreement.
The User’s identity needs to be verified by Mobile application’s and/or Website’s representative to enable accumulation and withdrawal of compensation.
Compensation will be paid to the User, when he makes a withdrawal request, as long as the available balance in his/her account, after deducting all necessary payments (taxes, legal, or other similar payments arising from the application of this Agreement), meets or exceeds the established minimum payment amount. The User is unable to withdraw from Clashot any amount below the minimal payment amount. Should the User fail to accumulate a minimum payment amount for the withdrawal or should the User fail to withdraw accumulated amount within 1 (one) calendar year from the date of registration then User’s balance may be reset to zero at Clashot’s discretion. Should the User fail to accumulate a minimum payment amount for the withdrawal or should the User fail to withdraw accumulated amount within 1 (one) calendar year from the date the User’s balance was reset to zero then User’s balance may be reset to zero at Clashot’s discretion again; such rule shall be applied for each consecutive calendar year.
Clashot does not control all File Uploads to the Website, or any exchange of information through the Website, does not conduct any pre-moderation or compulsory moderation of the content (Files) Uploaded by Users and is not liable for these Files, Uploads, information exchange and correspondence. However, at its discretion Clashot has the right to move, delete or refuse to publish or edit any text, content or File which it considers to have violated or which may potentially violate this Agreement or related agreements, any privacy or intellectual property rights, including similar rights of third persons, or which is unacceptable for any other reason. The User agrees to the confiscation of any compensation previously paid for such Files or other content.
Clashot has the right, but not the obligation, to correct any errors in the content (Files) at its discretion.
Clashot respects intellectual property rights of third parties and requests the User to do the same. If the User has any reason to believe that his/her work has been copied with a clear violation of copyright or a direct or indirect infringement of any other intellectual property rights, he/she must provide a statement or notice of the violation by contacting the support team.
Clashot respects the intellectual property of others and expects that the Users of the Website feel the same way. If a User believes that any of the Files and materials on the Website infringe upon any copyright that he/she owns or controls, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"), he/she should send a special notice to the support team, with detailed information concerning the violation.
Also, the notification may be transferred to the Clashot Copyright Agent in written form, containing the following information:
If you fail to comply with all these requirements, your DMCA notice may not be valid. Any other inquiries, including technical support requests, billing questions, etc., submitted to this agent will be disregarded.
Clashot may gather and use some information regarding the User and his use of the Website and Mobile Application for analytical purposes. By accepting this Agreement, the User consents to such information being gathered. In turn, Clashot respects the privacy of the personal and confidential information of persons with whom it interacts, and shall not disclose or share it with third parties and undertakes to use such information exceptionally for internal purposes.
The User confirms his/her consent that he/she, as an owner of the access login and password, bears responsibility for each access to the Website content using this specific login and password. Also, the User is informed and agrees that the Website automatically accepts and recognizes his/her login and password as evidence and clear proof of the fact that it was the User who gained access to the Website in order to buy or Upload Files or perform any other action at the Website.
The User confirms that he/she has no intention of using the Website content for any purposes that do not meet the terms of this Agreement or are illegal. Thus, among other things, the User agrees that during any communication through the Website or in the process of Uploading any content, he/she will refrain from the following:
The User agrees that the Files, materials and resources on the Website may not have a formal approval from Clashot and any material or information placed permanently or temporarily on the Website will not and cannot be considered as analyzed, viewed or approved by Clashot. Under the conditions of this Agreement, Clashot has the right and ability, but not the obligation, to remove any Files or materials at any time without prior notice and having to transmit any correspondence to the Users, license holders or owners of Files or materials.
The User agrees to refrain from such use of Clashot, which may result in its damage, disruption, and performance degradation for other Users. In addition, the User agrees not make any attempts to get unauthorized access to the accounts of other Users or computer networks related to Clashot. The User agrees not to make any attempts to obtain or gain any information and materials which were accidentally and unintentionally Uploaded to Clashot.
Clashot implements regular technical updates to the content, agreements and other information on the Website. Clashot may add, view or delete any information, resources, and services available on the Website; however, it is not obligated to guarantee the completeness, accuracy and adequacy of the information provided. Clashot also reserves the right to make changes to the Website without any prior notice. If the User continues to use Website after such updates took place, he/she agrees with them.
The pages of the Website may contain links to third-party websites. Such links are provided for the convenience of Users, but their presence does not mean that they are recommended by the administration of Clashot. In addition, Clashot does not guarantee their safety and conformity with any User expectations. Clashot assumes no obligations in the event of any damage or loss, directly or indirectly resulting from the use of services, information or visiting such sites and resources.
As Internet connection, software, data, and other failures may occur while working with Clashot, such situations may lead to incorrect or incomplete copying of the information contained on the Website or Mobile application. Likewise, there might be malicious code or software containing computer viruses.
Clashot does not accept any responsibility related to the operation of any software, the presence of computer viruses or other malicious code elements, dangerous or destructive Files, which can spread or in any other way affect the software and hardware as a result of viewing the Website or Mobile application by Users, accessing information or downloading any Website content. Clashot strongly recommends the use of antivirus software or other security software when working with external websites.
The User confirms that he/she understands and accepts the responsibility and any risks that might arise while working with Clashot, including access to any information or materials on the Website or Mobile application.
Clashot and its employees, management, partners, and agents are not responsible for any damage or errors in the functioning of the Website or Mobile application or the termination of their work, which might involve the loss of Files, profits, data or other damages, including financial loss.
THE WEBSITE, MOBILE APPLICATION, FILES AND SERVICES ARE PROVIDED “AS IS,” WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. FILES ARE PROVIDED PURELY AS USER-GENERATED CONTENT AND SHALL NOT BE SUBJECT TO MANDATORY SUPERVISION OR INTERFERENCE OF CLASHOT. USERS ALWAYS USE WEBSITE, MOBILE APPLICATION, FILES AND SERVICES AT THEIR OWN RISK.
CHASHOT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO EACH AND ANY FILE AND SERVICE MADE AVAILABLE AT ANY TIME, INCLUDING, BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, COMPATIBILITY, CURRENTNESS, INTEGRATION, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, SIMPLE USAGE AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY APPLICABLE LAW. CLASHOT MAKES NO COMMITMENTS ABOUT THE SITE, SITE CONTENT AND SERVICES.
The User agrees to indemnify Clashot and protect it from any third-party claims and expenses, including legal fees, arising from the use of the Website or Mobile application, or the consequences of any violations of the Membership Agreement.
The User agrees to pay and indemnify, and to take Clashot’s side (with its management, employees, shareholders, partners, affiliates, etc.) in the case of claims, liabilities, damages and costs (including those of clients and lawyers), which arise as a result of:
Clashot reserves the ability and right to assume control and defense of any kind at the expense of the User or require indemnification from the User. The User expresses his/her consent to cooperate with the defense of Clashot in case of such claim.
The Website is operated, managed and controlled by Clashot, principally located in the state of New York, USA. The Website and the Mobile application are accessible for use in any country of the world. Since the regulatory systems of all countries have unique laws and subordinate acts that may differ from laws governing the state of New York, by entering the Website or using the Mobile application, the User agrees that this Agreement is governed by the laws of New York, applicable therein. This Agreement does not fall under the jurisdiction of the UN Convention on International Trade Contracts.
The User agrees to handle and process all necessary notifications sent to the postal address given by him/her during registration at the Website or Mobile application.
The User agrees to refrain from:
Any conflicts that arise in connection with this Agreement, including without limitations its interpretation, performance or application order, breach and implementation shall be submitted to arbitration in the state of New York, USA.
If Clashot is obligated to go to non-arbitration court for collection of any payable fees or enforcement of its rights, the User agrees to reimburse Clashot for all expenses, payments and fees in the event that Clashot is successful.
The Agreement is valid until its direct termination. In order to terminate the Agreement please contact our support team.
Clashot reserves the right to unilaterally breach this Agreement for any reason or withhold the Users’ right to access the resources and functions of the Website or Mobile application at any time without prior notification, and is not obligated to disclose a reason for said breach. A Membership Agreement termination does not indicate automatic exemption of liability and obligation of reimbursement of debts to Clashot in accordance with the provisions of this Agreement or other liabilities of the User, namely: not to use the Website materials or other content presented within its resources by ways other than those permitted with the terms and provisions of this Agreement that were valid by the moment of said use. This Agreement will be terminated without derogations or impairment to the rights of Clashot, limitations and defense of liabilities provided in accordance with the terms of this Agreement, which defense, limitations of liabilities and rights shall survive this Agreement’s termination. Upon termination of the User profile and his/her access to the Website or Mobile application content, the User confirms his/her consent to forfeit all credits remaining at his/her account.
Clashot reserves a right to assign this Agreement to any third party without prior notice.
Website, Mobile application, Files and services are neither intended to be used by minors and persons under age of 18, nor designed and intended to willfully and knowingly collect, use, or disclose any personal information from minors and persons under age of 18. Clashot will immediately remove personal information from children and/or search to obtain a verifiable parental consent for the collection use, or disclosure of personal information from children, once it will come to Clashot’s attention that any personal information from children was submitted or collected through Website or Mobile application.
For any questions in connection with the provisions of this Agreement, please contact our support team.
IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE USER AND CLASHOT, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND CLASHOT RELATING TO THE SUBJECT OF THIS AGREEMENT.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, THE USER ALSO ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD ALL OTHER RELATED AGREEMENTS ON THE WEBSITE AND MOBILE APPLICATION AND ACCEPTS ALL THE TERMS AND CONDITIONS OF SAID AGREEMENTS, LISTED HERE: License Agreement.
IN CASE THE USER DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF ONE OR MORE OF THE ABOVE-MENTIONED DOCUMENTS, THE USER SHOULD CEASE USING THE WEBSITE OR ANY FEATURES OF THE WEBSITE OR MOBILE APPLICATION GOVERNED BY THE TERMS AND CONDITIONS OF THE PRESENT AGREEMENT; BY USING THE WEBSITE AND ITS FEATURES, THE USER IMPLICITLY AGREES WITH ALL THE TERMS AND CONDITIONS OF THE AGREEMENT.
Clashot reserves the right to make changes, additions, corrections and editions to the Membership Agreement in separate parts or in whole at any time. Such changes are legitimate and effective from the moment of their publication. If the User continues to work with the Website or Mobile application after such changes have taken place, the User acknowledges his/her consent with them. In addition the User agrees that, in order to have full information about the provisions of the Agreement, he/she should periodically view this section. If at any time the User can no longer conform to the rules and terms given below, he/she should immediately stop using the Website and Mobile application.
Note: If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.
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Welcome to Clashot!
Here you can sell and buy mobile photos.
Take pictures of events, sport activities and celebrities.
Take a photo – Upload it to Clashot – Earn money! Your photograph will become available for sale in a manner of minutes. It can be sold many times, to different customers and you will get royalties for every purchase.
Who needs mobile photographs?
Remember that no one will be interested in boring or banal photographs, even if they are of a high quality, while vivid and relevant mobile photos are being sold to leading publishers and websites right now!
Download the Clashot application from the App Store – Submit your editorial photographs – Start earning with Clashot!