[lmccauley]

I just got an email from the managing editor of Schmap Guides saying that one of my photos (below) got shortlisted for the second edition of their New Zealand guide. They've asked me to confirm whether I want it withdrawn or put forward to the final selection phase. I would have to agree to their terms if I did want it put forward.

Has anyone heard of or used Schmap?

Do the terms sound reasonable? I'm not expecting to make any money from any of my pictures, but if I did ever want to put them up on a stock photo site for sale would I be restricted because Schmap used the photo?

Waitakere Ranges
http://farm1.static.flickr.com/96/274154078_9c34c5d16d_b.jpg

TERMS OF SUBMISSION

THESE TERMS OF SUBMISSION (THE “TERMS”) REPRESENT A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY (“YOU”), AND SCHMAP, INC. (“SCHMAP”). BY CLICKING THE “SUBMIT” BUTTON, YOU CONFIRM YOUR ACCEPTANCE OF THE TERMS.

1. PHOTOS
The term "Photos" refers to one or more photographs and/or images licensed by You to Schmap pursuant to the Terms.

2. LICENSE GRANT
Subject to the terms and conditions herein, You hereby grant Schmap a worldwide, royalty-free, non-exclusive, perpetual license to include the Photos in the current and/or subsequent releases of Schmap's destination/local guides.

3. FAIR USE RIGHTS
Nothing in these Terms is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

4. LIMITATIONS
The license granted in Section 2 above is made subject to and limited by the following express limitations:

(a) Schmap may only distribute, publicly display, publicly perform, and/or publicly perform the Photos pursuant to the Terms.

(b) Schmap shall be required to keep intact all copyright notices for the Photos and provide, reasonable to the medium or means of utilization, the name of the original author (or pseudonym, if applicable) if supplied, for attribution in Licensor's copyright notice, terms of service or by other reasonable means, and a credit (implemented in any reasonable manner) identifying the use of the Photos in any derivative Photos created by Schmap.

(c) Schmap shall, to the extent reasonably practicable, provide Internet link(s) to your Photos.

(d) Schmap shall not sublicense the Photos.

(e) Schmap shall indicate to the public that You reserve all rights with respect to use of the Photos.

(f) Schmap shall continue to make its destination/local guides available at no cost to end users.

(g) Schmap shall display the Photos at a maximum width of 150 pixels.

5. RIGHTS
You confirm that You own or otherwise control all of the rights to the Photos and that use of the Photos by Schmap will not infringe or violate the rights of any third parties.

6. NO OBLIGATION
Schmap shall have no obligation whatsoever to reproduce, distribute, broadcast, or otherwise make use of the Photos licensed by You to Schmap hereunder.

7. NO AFFILIATION
While the Flickr website and/or Flickr API have been used to short-list your Photos, Schmap claims no affiliation or partnership with Flickr.

8. MISCELLANEOUS
If any provision of the Terms is ruled unenforceable, such provision shall be enforced to the extent permissible, and the remainder of the Terms shall remain in effect. The Terms constitute the entire agreement between the parties with respect to the Photos licensed hereunder. There are no understandings, agreements or representations with respect to the Photos not specified hereunder. If there is any dispute about or involving the Terms or the license granted hereunder, You agree that such dispute shall be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. The license granted in the Terms may not be modified without the mutual written agreement of You and Schmap.

[stevegreen]

Quite a few people have had their images 'shortlisted' so do a seach here for Schmap.

I had one used a while ago for the Birmingham edition, it does bump up your Flickr views by a small amount but at the end of the day they are using your image at no cost to make their site look better and generate revenue. Nothing to lose I suppose but also nothing to gain. You retain full copyright so you can do the hell what you like with the photo, even if they do use it.

I'm not sure i would let them use one of my photos again to be honest, but it depends on which day they catch me.

[lmccauley]

Cheers, Steve.

For some reason, I never thought to do a search

I've given them permission - it was a holiday snap on my old point & click that I have no intention of selling.

[Paulie-W]

Nice one mate

At the end of the day, I think it`s rather flattering to have someone ask for one of your photos (unless you`re a pro snapper of course).

[tontoshorse]

Like Steve, I'd think twice next time. Nice to be asked though.
Don't think I got anymore Flickr hits - a pic of the Laing Art Gallery.

[johnaalex]

Considering the number of times Schmap seems to appear in this forum is it worthwhile having a sticky about them?

[Mike.P®]

Hmmm, wonder if they will ever need a macro of a fly

To be honest I have never heard of them but the photo is excellent.