Terms of Service

1.     Overview and Basic Scope of the Maskot Invite Service

a.     Maskot Invite provides a portal website where Maskot Invite will publish detailed briefs presenting current content needs and requests.

b.     Contributors can apply to briefs and offer their services by submitting Content.

c.     Maskot Invite will then select Content at its sole discretion

d.     Maskot Invite will purchase a full copyright transfer to the Content accepted through a separate Agreement.

e.     The transferred copyright in the specific Content will be perpetual, non-revocable and not limited to any particular medium or channel.

f.      Contributor will be compensated for the Content and copyright transfer according to terms set out in the individual Agreement which together with these TOS constitute the legal relationship between Contributor and Maskot Invite.

g.     Content submitted to the Maskot Invite should include information regarding camera settings, location and date of production. By submitting Content, the Contributor consent to Maskot Invite optimizing and modifying such metadata in according to portal website needs.

h.    Contributor consent to Maskot Invite optimizing the Content for optimal use as well as a right, but no obligation, to publish the name of the content author on the portal and for use of authors name in Maskot Invites promotional activities without specific prior notice subject to Maskot Invite’s sole discretion.

i.      When Contributor enters an agreement with Maskot Invite to transfer copyright in Content, Contributor agrees to not using other content produced during the same photo or production session for any other purpose, included but not limited to, licensing or transfer of copyright.

j.      Such limitation does not exclude the possibility of using such content in the content producer’s portfolio for marketing purposes.

“You will see detailed briefs on the Maskot Invite portal for which you can submit Content. Maskot Invite will choose which Content to accept”

“Your compensation for the transfer of copyright in the Content you sell to Maskot Invite is detailed in the individual copyright transfer agreement.”

“You may not use any content produced at the same time as Content where copyright has been transferred to Maskot for any purposes other than promoting the content in your portfolio.”

2.     Ownership and Intellectual Property Rights, Including Moral Rights

a.     Ownership and copyright in all Content will remain with the copyright owning contributing member of the Maskot Invite portal until Content is accepted by Maskot Invite and Contributor is notified thereof.

b.     Once Content is accepted and ordered by Maskot Invite, a full transfer of copyright for the individual Content is transferred to Maskot Invite through an individual Copyright Transfer Agreement and subject to remuneration according to terms therein.

c.     Contributor abstains from applicable authors moral rights (droit moral) in the specific works including author attribution.

d.     Regardless of the moral rights provision above, Maskot Invite may choose to publish authors name together with the Content subject to individual agreements between the author and Maskot Invite.

“When transferring copyright in individual Content to Maskot Invite, you agree that Maskot Invite does not have an obligation to publish your name along with the Content.”

3.     Releases and Data Protection

a.     Maskot Invite, operated by Maskot Bildbyrå AB in Sweden, is located within the EU and the EU General Data Protection Regulation (GDPR, EU 2016/679) is applicable to all personal data processing for the purposes of the Maskot Invite portal.

b.     Along with all other provisions of the GDPR, a lawful basis for personal data processing must be established. Contributor undertakes the responsibility to obtain a contractual agreement for the processing of any personal data contained in the content in accordance with Article 6.1.b of the GDPR.

c.     For this and other model release purpose, Maskot Invite provides the standard Model Release which shall be duly signed by all individuals whose personal data is contained in the submitted contract.

d.     The complete Model Release standard form should be electronically submitted along with the content. All Model Releases shall include a clear picture of the model.

e.     If Content is photographed in an environment constituting private property, on premises where photography permission is required by law or where Content contains elements protected by a third party’s intellectual property rights it is the responsibility of the Contributor to acquire a Property Release for elements in the Content.

f.      For such property release purposes, Maskot Invite provides the standard Property Release which shall be duly signed and submitted along with the Content where applicable shall be the sole responsibility of the Contributor.  

g.     Contributor agrees to be solely responsible for retaining all original releases and maintaining complete and accurate release records.

h.    The submission of falsified, inaccurate or otherwise defective releases is a material breach of the TOS.

i.      Contributor agrees to Maskot Invite providing copies of model releases to customers upon request.

4.     Membership and Account

a.     In order to join the Maskot Invite portal, Contributor agrees to provide true and complete information in regard to contributor and Content information. Including, but not limited to, date, location, equipment used for and technological specifications for the content.

b.     By joining the Maskot Invite portal, you consent to the processing of your personal data according to the Maskot Invite Privacy Policy.

c.     Maskot Invite may approve or refuse content provider membership at its sole discretion.

d.     If a Contributor wishes to terminate their account, Maskot Invite will terminate the account no later than thirty (30) days following its receipt of a written request from the Contributor. For the sake of clarity, before the termination of your account is made effective by Maskot Invite, Maskot Invite has the option to use Content after termination.

e.      Notwithstanding the foregoing, in the event of Maskot Invite materially modifies the TOS and does not provide members with prior notice, member may terminate their account within thirty (30) days of the effective date of such modifications.

f.      Maskot Invite may terminate member accounts in the case of failure to comply with the Agreement, TOS or Maskot Invite Content Guidelines or for any other reason at Maskot Invite’s sole discretion.

g.     Following the removal of any item of Content from Maskot Invite, any transferred copyright already existing in the Content will remain valid.

h.    If membership account is terminated for any reason, Contributor will than have to apply for new membership. Members may not have more than one active contributor account at any time without the written consent of Maskot Invite in each instance.

i.      Members may not submit identical Content to more than one account without the prior written consent of Maskot Invite.

“This sets out the conditions for your membership and account as Maskot Invite Content Contributor.“

5.     Content Guidelines

a.     Maskot Invite reserves the right to refuse any Content for at its sole discretion, such as but not limited to the Content being subject to legal action or if the Content fails to comply with the TOS.

b.     Maskot Invite expects it’s Contributors to observe any local regulations regarding labour (including anti-slavery legislation), discrimination and privacy legislation.

c.     Maskot Invite expect it’s Contributors to always seek explicit approval from models in advance of any shoot. This is especially emphasized in shoots involving any form of nudity

d.     Contributors are always responsible for obtaining permission for any model under the age of 18 to participate in the shoot from parent or legal guardian.

e.     Maskot Invite encourages Contributors to arrange for a third party to be present at shooting and always facilitate for a safe and considerate environment for the model(s) at shooting.

f.      Copyright transfers of ownership in Content already existing at the time of removal due to non-compliance with these guidelines will remain valid.

“All Content submitted to Maskot Invite must comply with these Content Guidelines.”

6.     Individual Agreements and Payment

a.     Once Content is selected by Maskot Invite and accepted by Maskot Invite ownership of the Content will be acquired by Maskot Invite through a copyright transfer Agreement form. This Agreement includes: remuneration terms for the specific content as well as other conditions specific for the individual brief.

7.     Terms of Payment

a.     Payment will be processed within 30 days of of Maskot Invite receipt of invoice relating to each specific copyright transfer agreement. Contributor shall provide Maskot Invite with a written invoice.

“Your payment will be processed within 30 days of signing the copyright transfer agreement and presenting an invoice to Maskot Invite.”

8.     Marketing and Trademarks

b.     Contributor may not use Maskot Invite, the portal website or any of its trademarks for marketing or other purposes without prior written consent from Maskot Invite.

“You may not use the Maskot Invite trademark in any way without prior consultation and approval from Maskot Invite.”

9.     Copyright Infringement and Legal Action

a.     Contributor grants Maskot Invite the right and authority to take such steps as Maskot Invite deem commercially reasonable to protect Maskot Invite’s right in the Content submitted to the Maskot Invite portal website.

10.     Confidentiality

a.     By submitting Content to the Maskot Invite and entering Agreements of copyright transfer, Contributors acquires certain confidential information including, but not limited, to remuneration rates and payment term. This also includes information in Briefs and anything discussed between Maskot Invite and the Contributor relating to the copyright transfer agreement and the Maskot Invite platform concept. Contributors agrees to keep such information confidential and not disclose it to any third parties.

“You may not disclose any information regarding your relationship with Maskot Invite or the Maskot Invite portal concept to any third party.”

11.     Representations and Warranties

a.     By signing up for membership to the Maskot Invite portal, entering Agreements with Maskot Invite and undertaking the provisions of these Maskot Invite TOS, the Contributor warrants that:

i.  Contributor has the full right, power and authority to enter the agreement(s) and fully perform the obligations therein.

ii.  Contributor is under no contractual restriction or legal disability preventing them from entering the agreement.

iii.  Contributor is at least 18 years of age.

iv.  Contributor entirely owns and controls the content, including any relevant copyright therein, submitted to the Maskot Invite portal.

v.  Contributor has acquired the rights of any sounds, design elements, trademarks, three-dimensional artworks, architecture, fonts or other works protected by intellectual property legislation present in the Content. The member also warrant that they have required Model releases including data protection aspects and Property releases for any motifs requiring permission by law to be photographed.

vi.  Contributor has an adequate insurance covering any personal and/or property injuries resulting from the production of the content.

vii.  The Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.

viii.  There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by Contributor.

b.     Maskot Invite represents and warrants that:

i.  Maskot Invite has the power and authority to enter into this agreement and to fully perform all of its obligations in the TOS and Agreement; and

ii.  Upon making or learning of any claim that is inconsistent with any of the warranties or representations made by Contributor, Maskot Invite may send member written notice of such claim specifying the details of the claim as then known to Maskot Invite.

c.     Contributor agrees to fully cooperate with Maskot Invite in the defense of any such claims stated in b.ii.

“By signing up to Maskot Invite, providing content and/or transferring copyright you undertake the following responsibilities.”

“You warrant that you have a sufficient insurance covering the responsibilities of these Terms of Services and your agreement(s) with Maskot Invite.”

“By entering an agreement with you, Maskot Invite undertakes the following responsibilities.”

12.     Indemnification

a.     Contributor agrees to indemnify and hold Maskot Invite harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of the members representations or warranties or any member obligations under the TOS. Maskot Invite will only be liable for any third party claims in the case of gross neglect on behalf of Maskot Invite.

“If you do not comply with the terms and responsibilities of these Terms and Services and the terms of the Agreement - You are legally obliged to hold Maskot Invite harmless according to these conditions. “

13. Governing Law and Arbitration

a.     These TOS and any Agreements between Maskot Invite and Contributors shall be governed by the laws of Sweden.

b.     Any copyright subject to transfer through Agreements should be defined as provided for by the Swedish Copyright Act of 1960 in accordance with European Union copyright acquis and international copyright treaties.

c.     Any disputes arising from the legal relationship between Maskot Invite and the Contributors, Agreements, and these TOS shall be settled through arbitration in accordance with the rules of the International Chamber of Commerce (ICC).

d.     The location of such arbitration shall be Stockholm.

“These Terms of Service and your agreement with Maskot Invite is subject to Swedish Law and any dispute will be settled in Swedish Courts.”

14. Entire Agreement and Miscellaneous

a.     The entire agreement between Maskot Invite and the Contributor consists of: these Terms of Service (TOS) and individual copyright transfer agreement including remuneration terms (”Agreement”). Contributor is also responsible for providing complete and accurate Model and Property Releases where applicable.

b.     There is no legal relationship nor any contractual arrangements between the Contributor and Maskot Bildbyrå AB customers.

c.     If any individual term of the TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, or arbitration as applicable, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that the TOS shall otherwise remain in full force and effect. The TOS shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.

d.     Maskot Invite reserves the right to modify these terms at any time in its sole discretion, it being understood that no changes shall apply to any pending arbitration proceeding commenced or legal claims asserted prior to such change. Maskot Invite will notify members of any such change by an announcement on this page.

Appendices: Model Release and Property Release

“Maskot Invite might modify these Terms of Service and will notify you thereof.”