Get acquainted with the thematically described conditions and cases concerning the use of
Momentum and all the features it gives access to.
“Momentum”, “we”, “our” means [EL MOMENTUM LTD];
“Author”, “you” means a Momentum account holder who makes items available for sale on the Platform;
“Buyer” means a licensee or a potential licensee under a Content License Agreement;
“Content” means the Images, Footage and/or Sound Effects submitted by the Author to Momentum;
“Release” means a consent form signed by a person featured in an image or the owner of property featured in an image, for the purpose of giving the owner of the image the right to use the featured person’s likeness or to depict the respective property;
“Agreement” means these Author Terms;
All other words defined or explained in the Terms of Use have the same meaning here. If there is any inconsistency between these Author Terms and the Terms of Use, these Author Terms shall prevail.
By submitting Content to the Platform, Authors agree to make it available to Buyers in accordance with these Author Terms, the Terms of Use and the Content License Agreement. If at any time these Terms are changed by Momentum, you will be notified via email or a notice on the Platform. Your continued access or use of the Platform constitutes your acceptance of such changes.
Authors agree to:
Submit Content according to Momentum’s submission guidelines and technical requirements. The terms of the Momentum submission guidelines are deemed incorporated into and made a part of this Agreement by this reference. Momentum has no obligation to provide the Author with the reason why certain Content has been rejected in any given case.
Maintain valid and accurate model and/or property releases (collectively, “Releases”) for all Content Author submits to Momentum requiring any Release. Author agrees that Author is solely responsible for retaining all original such Releases and maintaining complete and accurate records thereof. Copies of such Releases must be provided to Momentum upon submission of the Content by the Author.
Grant Momentum a limited, worldwide, non-exclusive license to copy, transmit, distribute, publicly perform, display and sublicense (through all media now known or hereafter created), and make derivative works from the Content for the purpose of making it available for licensing to Buyers on the Platform, as well as in connection with Momentum’s marketing and promotional activities. The above licenses will continue unless and until the Author removes the Content from the Platform. Nevertheless, the Author agrees that the right to sublicense the Content shall remain unaffected in respect of any Content License Agreements concluded between Momentum and Buyers before the Author removed the respective Content from the Platform.
Bear the bank fees and expenses associated with making the payments of earnings, including all costs of converting the amount of the payment from Euro into the currency of the Author’s bank account.
Authors have the right to:
Receive а percentage of the value of each piece of Content uploaded by that Author and licensed to a Buyer through the Platform, in the form of credit added to the Author’s account. The Earnings Policy, according to which Author’s earnings are calculated, is provided to each Author upon registering an account with Momentum.
Receive earnings from referrals under our Referral Program.
The Author’s earnings are paid out to a bank account specified by them once every three months, provided that the total sum of accumulated credit at the end of the three-month period is equal to or exceeds € 50 (fifty еuro). The payment destination which the Author sets in their account must be in the name of the Author.
Momentum may modify the Content supplied under this Agreement to enhance or improve it for the purposes of exploiting the Content in accordance with the terms of this Agreement. In the event that Momentum makes any modifications to the Content, Momentum shall be the legal owner of the digital file(s) created when the Content is modified in this way and is under no obligation to provide such file(s) to the Author, who remains the holder of copyright in the original Content.
Modified versions of Content (including additions or modifications to metadata and digital asset file versions of Content) created as a result of modifications or enhancements by Momentum will not be returned to the Author on termination of this Agreement. They will, however, be withdrawn from sale upon the Author’s request or upon the termination of this Agreement.
If the Author breaches any warranty made to Momentum, we may offset any amount that we have to pay to anyone else as a result of the breach, against any payments due to the Author. If such breach of warranty is in question, Momentum has the right to hold the Author’s earnings until such dispute or any related court action has come to an end. Momentum may also deduct any refunds due to Buyers, or amounts of transactions that may be reversed for other reasons, such as lack of authorization, from the payout of the Author’s earnings.
Momentum reserves the right to remove or disable access to any Content for any reason, using our reasonable discretion. Momentum may take these actions without prior notification to you. Momentum will not be responsible for any loss that the Author may suffer as a result of their Content being removed.
For any Content that the Author submits to the Platform, the Author represents and warrants that:
They have all necessary rights to upload the Content to the Platform and grant the licenses set forth in the Content License Agreement;
The Content and the Buyer's use of that Content in accordance with the terms of the applicable license do not infringe any third party's rights, including intellectual property rights and privacy rights;
The Content complies with the Terms of Use, any applicable guidelines provided by Momentum and all applicable laws;
The digital file which contains the Content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
The information and documentation that the Author gives us (such as name and address, property/model releases) is accurate and complete.
The Author shall indemnify and hold harmless Momentum from any damages, costs or losses of any nature whatsoever arising from any breach or alleged breach of the warranties made by Author herein. These warranties and indemnity shall survive any termination or expiration of this Agreement.
All disputes, arising from this Agreement or related to it, including those arising from or concerning their interpretation, invalidity, performance or termination, shall be referred for resolution to the competent Bulgarian courts in Sofia, Bulgaria.
This Agreement is governed by and shall be construed in accordance with the laws of Bulgaria, without respect to its conflict of laws principles.
Unless as otherwise stated in this Agreement, should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, the remaining provisions of this Agreement will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Momentum to enforce this Agreement or any provision thereof shall not waive Momentum's right to do so.
