Contributor Terms & Conditions: 5. Indemnities

[Nigel Brathwaite]

Hi there.  I'm a newbie.  I tried emailing Alamy directly with this question only to be told that they may not be able to answer it due to them coping with the pandemic.

 

I’m looking into selling hobby photos and I’ve been reading the terms and conditions and would like some clarification on the following:

 

 “5. Indemnities

5.1.  You will indemnify, defend (at the request of Alamy) and hold Alamy and its sub-licensees and assigns harmless against any prejudice, damage, liability or costs (including reasonable lawyers' fees) which any of the indemnified parties incur arising from or in respect of any claim that there has been a breach of your representations, obligations and warranties in this contract. This paragraph will remain in force after the termination of this contract.”

https://www.alamy.com/terms/contributor.aspx

 

Does the above effectively mean that as long as I play by the rules, I won’t have to worry about paying any damages or court fees at the request of Alamy?  You see, I’m broke and looking to earn some income but I don’t want to incur random costs that I can’t afford.  Again, I can understand if I break any rules or laws but if that’s not the case, it would give me cause for concern. 

 

[spacecadet]

It's very unlikely ever to have any relevance as long as you own all rights in your images and annotate them correctly (or at least with due diligence).

For example, were you to say that you had a property release from the manufacturer of a product and you didn't, and a publisher used the image commercially, the maker might sue for passing-off and the buck would stop with you for misrepresentation. But you wouldn't do that, of course.

This is really for the American market where litigation is a participant sport- if in doubt, sue.

Edited July 7, 2020 by spacecadet

[Allan Bell]

18 hours ago, Nigel Brathwaite said:

Hi there.  I'm a newbie.  I tried emailing Alamy directly with this question only to be told that they may not be able to answer it due to them coping with the pandemic.

 

I’m looking into selling hobby photos and I’ve been reading the terms and conditions and would like some clarification on the following:

 

 “5. Indemnities

5.1.  You will indemnify, defend (at the request of Alamy) and hold Alamy and its sub-licensees and assigns harmless against any prejudice, damage, liability or costs (including reasonable lawyers' fees) which any of the indemnified parties incur arising from or in respect of any claim that there has been a breach of your representations, obligations and warranties in this contract. This paragraph will remain in force after the termination of this contract.”

https://www.alamy.com/terms/contributor.aspx

 

Does the above effectively mean that as long as I play by the rules, I won’t have to worry about paying any damages or court fees at the request of Alamy?  You see, I’m broke and looking to earn some income but I don’t want to incur random costs that I can’t afford.  Again, I can understand if I break any rules or laws but if that’s not the case, it would give me cause for concern. 

 

 

You are indemnifying Alamy against costs/damages brought against Alamy. In other words you have to pay the costs etc. That is the gist of the paragraph.

 

Allan