Privacy & Data Use

 

Please read this policy and if you have any questions contact us.

 

By using the site you consent to the collection, use and disclosure of your personal information in accordance with this policy.

 

 

PhotoFoto is committed to protecting your privacy. This privacy policy tells you about our online collection, use and disclosure of personal information. The terms of this policy apply to all personal information collected by PhotoFoto on the website PhotoFoto.com and other country-specific PhotoFoto websites which may be linked to PhotoFoto.com. We have created this policy pursuant to the Personal Information Protection Act (Alberta) S.A. 2003, c.P-6.5, the Personal Information Protection and Electronic Documents Act (Canada) S.C. 2000, c.5 and the "Anti-Spam Act" (Canada) S.C. 2010, c.23. Your home jurisdiction may have privacy laws that are more or less protective than the province of Alberta, Canada.

 

This site is operated by PhotoFoto("PhotoFoto"), a subsidiary of Getty Images, Inc. ("Getty Images") and may be accessed in Canada and abroad. For personal information protection purposes in the European Union, PhotoFoto is the controller and, unless otherwise noted, is also the processor of the personal information.

 

 

Privacy Officer

We have designated a privacy officer at PhotoFoto to be accountable for our policies and practices with respect to the management of personal information. You may forward any questions, comments or complaints that you might have about this privacy policy to:

 

 

 

Collection of Your Non-Personal and Personal Information

PhotoFoto collects certain kinds of non-personal information, such as the website that referred you to us, browser type and language, and access times. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site. Limited demographic information, such as the industry you work in, may also be collected and may be linked to your personal information.

 

We only collect personal information about you after you have provided us with your consent to collect that specific information.

 

 

Personal information includes:

information collected when you register or visit the site including your member name and password, your name, your mailing address, email address, IP address and phone number.

information collected when you make a purchase including your credit card number and billing address.

if you become a contributor, information collected when you sign-up as a contributor including (i) banking and other financial institution information required in order for us to compensate you; (ii) your social insurance number required in order for us to prepare tax information slips; and (iii) a copy of your photo identification (for example, your driver's license).

You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you.

 

 

Use of Your Personal Information

PhotoFoto collects and uses your personal information to:

 

create and manage your membership account;

process your transactions;

provide customer service;

perform research and analysis aimed at improving our products, services and technologies, including sending you surveys;

to display content that is customized to your interests and preferences;

to run contests, select entrants, and choose prize winners;

to run Interactive Areas;

if you are contributor to PhotoFoto, to compensate you and to prepare tax information slips;

if you are a contributor to PhotoFoto, to identify your uploaded content as your content;

to communicate with you about your transactions, new products and services including transaction-related communications such as welcome letters, billing reminders, and purchase confirmations; and

we may also send you marketing emails to inform you of new products or services or other information or offers that may be of interest. These marketing emails may come from PhotoFoto or our parent company, Getty Images or any of its divisions, affiliates or subsidiaries (the "Getty Images Group"). If you do not wish to receive marketing emails, you may adjust your "Personal Information Preferences" as described below.

Personal information collected by PhotoFoto and its affiliates may be stored and processed in Canada or any other country in which PhotoFoto or its parent, affiliates, subsidiaries or agents maintain facilities, and by providing us with your personal information and using our sites or services, you consent to any such transfer of information outside of your country. If you would like to know more about our privacy practices with the Getty Images Group or if you would like to exercise any of your personal information protection rights (including the right to have your personal information deleted), please contact our Privacy Officer.

 

 

Disclosing Your Personal Information

Except as set out in this privacy policy, PhotoFoto does not disclose or sell your personal information to any third-parties.

 

We may disclose your personal information to third-party service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in marketing, to conduct audits, etc. Those third-party service providers (i) shall be permitted to obtain only the personal information they need to provide the service, (ii) must protect personal information to the same extent as PhotoFoto, and (iii) shall be prohibited from using it for any other purpose.

 

We may disclose your personal information to the Getty Images Group, provided that the Getty Images Group uses your personal information for the same purposes and protects it to the same degree, as set out in this privacy policy. Personal information disclosed to the Getty Images Group may be available to the United States government or its agencies under a lawful order made in a court of competent jurisdiction in the US.

 

If you have entered into and/or won an PhotoFoto contest, we or a contest sponsor may publish your name and city of residence.

 

Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company. We reserve the right to disclose your personal information if required or permitted to do so by law.

 

 

Consent of Your Personal Information

By submitting personal information to us, you acknowledge and agree that you have consented to the collection, use and disclosure practices set out in this Privacy Policy as they relate to your personal information.

 

Accessing Your Personal Information

If you would like to review or revise information that you previously provided to us, you may access and change your personal information in the "My Account" section of the site. You may also contact Customer Service at 1(866) 478-6251 or +1(403) 265-3062 (international) or by email at This email address is being protected from spambots. You need JavaScript enabled to view it. for assistance.

 

 

Personal Information Preferences

PhotoFoto respects your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing emails from us, please let us know by: (1) checking or unchecking the appropriate box on your online registration form when you sign up or in the "My Account" page of the website once you are a member; (2) contacting your Customer Service at 1(866) 478-6251 or +1(403) 265-3062 (international); (3) follow the "unsubscribe" instructions included within each email communication; or (4) by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

If you choose not to receive marketing emails, please be advised that you will continue to receive transactional or account communications and emails (e.g., confirmation emails and account balance statements).

 

 

Use of Cookies and Other Technologies

PhotoFoto uses "cookies" to enable you to sign in to our services and to help personalize and improve your online experience. A cookie is a small text file that is placed on your hard drive or device. Cookies contain information, including personal information that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect includes the date and time of your visit, your registration information, session identification number and your navigational history and preferences.

 

Cookies offer you many conveniences:

 

They allow us to identify registered users when they return to the site so that they can retrieve previous image search results, access lightboxes, shopping carts, and view their previous invoices.

Cookies also save you time by eliminating the need to repeatedly enter the same information.

Cookies allow us to deliver personalized content to you, including search results and targeted advertising.

Cookies help to protect your security by checking your login details and may help prevent fraud.

Cookies remember your preferences when using the site.

Cookies also identify particular customers in the event such customer would like assistance from a live, online customer service representative.

We strive to make this site user-friendly and relevant. Our goal is to deliver more personalized products and services to you. For this purpose, PhotoFoto also works with third party partners who use cookies on our site to:

 

Measure and analyze aggregate usage and volume statistical information from our users on our site. Information gathered may include, but is not limited to the following: activity of the user browser when the user is visiting the site, the site path of users, general information regarding the visitor's internet service provider and host, and the time users come to the site.

Remember our users' previous search of products and services, and dynamically display more relevant content to them.

Record users' behavior on our site, such as pages visited, emails clicked, forms completed and products and services purchased to create customized advertisements and communications that better meet your needs.

Evaluate user traffic and behavior on the site to compile activity reports for our internal use only.

Conduct research and diagnostics to improve our products and services.

Identify users arriving at the site via a referral from an affiliate website or sponsored link.

This privacy policy covers the collection of information and use of cookies by PhotoFoto only, and does not cover the use of cookies or other technologies by third parties to collect information. If you would like to know more about this practice and your choices about not having this information used by third-parties, please visit www.networkadvertising.org or contact Customer Service at 1(866) 478-6251 or +1(403) 265-3062 (international).

 

In addition to cookies, we may use other technologies, including single-pixel gifs (also known as web beacons) on our websites and in promotional e-mail messages or newsletters. Web beacons allow us to measure the actions of a user opening the page that contained the web beacon. We use web beacons to assist us in determining how many users have visited certain pages or opened messages or newsletters, improve user experience and manage site content. When you click on a link on a page with a web beacon, we may record your response to customize our offerings to you.

 

You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. Please be aware that the site is optimally designed to operate with cookies enabled in your internet browser. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies but you will be able to perform basic navigation through the site. Disabling cookies may negatively impact your experience of the site.

 

 

Security of Your Personal Information

The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information including without limitation:

 

limiting access to your personal information to those of our employees who require it to provide services to you;

requiring employees to sign confidentiality agreements to protect customer and other confidential information;

ensuring that third-party service providers sign confidentiality agreements to maintain the confidentiality of your personal information and not to use it for any unauthorized purposes;

personal information collected is retained as long as it is reasonably required for the purposes it was collected;

encrypting credit card information on our order forms using secure socket layer (SSL) technology; and

storing your personal information in secure computer systems which protect it from unauthorized access or use.

No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

 

If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.

 

 

Forums & Other Interactive Services

Our sites may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites ("Interactive Areas"). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including sending you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it.. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.

 

 

Referrals

If you choose to use our referral services to tell a friend about our products or services (including images in your Lightbox, promotional campaigns, new websites, job postings, etc.), we will ask you for your friend's name and email address. We will use that information to send your friend a one-time email inviting him or her to visit the site, review the product or service you have selected and if they choose to join us, to track our referral services. We may use a third-party provider to administer this function, but any such third-party provider may only use the information submitted to facilitate this one-time email.

 

If you are the person who was referred (either by email or otherwise, including through our referral program by clicking on a link on a third party site or email) and you choose to join us, your PhotoFoto member name and any information you choose to put on your profile page may be viewable to the person that referred you so that they may track their referral services.

 

 

Children

We do not intend to solicit or collect personal information from anyone under the age of 18 without parental consent. If you are under 18, you shall not use or enter information on this site, including without limitation, any Interactive Areas of the site without parental consent. Please contact Customer Services at 1(866) 478-6251 or +1(403) 265-3062 (international) or by email at This email address is being protected from spambots. You need JavaScript enabled to view it., to obtain the necessary parental consent forms.

 

 

Links

We may link to websites, including those of our subsidiaries and third-party content providers, that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

 

 

Changes to This Privacy Policy

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the "last updated" date at the top of the policy. If there are material changes to this statement or in how PhotoFoto will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit one of our sites.

 

 

© 2012 PhotoFoto. All rights reserved. Privacy Policy.

THIS AGREEMENT GOVERNS YOUR USE OF THE PhotoFoto WEBSITE. TO LEARN ABOUT USAGE RIGHTS FOR OUR ROYALTY-FREE CONTENT, PLEASE READ OUR CONTENT LICENSE AGREEMENT.

 

This Web site is owned and operated by PhotoFoto.eu (“PhotoFoto”). Access and use of this Web site is provided by PhotoFoto to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

 

PhotoFoto may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

 

Use of the Site

 

This Web site and its contents (the "Content") are intended for customers of PhotoFoto. You may not use this Web site or the Content for any purpose not related to your business with PhotoFoto. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with PhotoFoto; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any PhotoFoto product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose, as determined solely in PhotoFoto’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

 

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

 

Intellectual Property

 

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of PhotoFoto and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

 

Unless you have entered into a separate agreement with PhotoFoto, such as a Royalty Free License Agreement, any other use of these Materials without PhotoFoto's written permission is prohibited.

 

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

 

Trademarks

 

PhotoFoto, iStock, the PhotoFoto design and any other product or service name or slogan contained in the Site are trademarks of PhotoFoto and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PhotoFoto or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "iStock" or any other name, trademark or product or service name of PhotoFoto without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PhotoFoto and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

Privacy

 

PhotoFoto is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Website Privacy Commitment for further details.

 

Currency of Web site

 

PhotoFoto updates the information on this Web site regularly. However, PhotoFoto cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. PhotoFoto may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

 

Linked Web sites

 

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that PhotoFoto monitors or endorses these Web sites. PhotoFoto does not accept any responsibility for such Web sites. PhotoFoto shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

 

Internet software or computer viruses

 

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

 

PhotoFoto shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. PhotoFoto recommends that you install appropriate anti-virus or other protective software.

 

Web Site and Materials Provided "As Is"

 

THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PhotoFoto DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

 

Limitation of Liability

 

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

 

IN NO EVENT SHALL PhotoFoto OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

 

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnification

 

You agree to indemnify and hold PhotoFoto harmless against all claims or liability asserted against PhotoFoto arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

 

Notice and Procedure for Making Claims of Infringement

 

PhotoFoto LP respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PhotoFoto with a written communication addressed to our President including substantially the following information:

 

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Web site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please address your letter to our CEO, as follows:

 

PhotoFoto LP

Suite 200, 1240 - 20th Avenue S.E.

Calgary, Alberta

Canada T2G 1M8

 

Attention: CEO

Email

 

Feel free to email PhotoFoto at This email address is being protected from spambots. You need JavaScript enabled to view it.. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. PhotoFoto is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

 

PhotoFoto has no obligation concerning such information;

the information is non-confidential;

PhotoFoto may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and

the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

 

This Web site is controlled, operated and administered by PhotoFoto from within the Province of Alberta, Canada. This Web site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

 

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.

 

General

 

PhotoFoto’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

 

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

 

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

 

Contact

 

 

If you have concerns relating to this web site or these Terms of Use, please contact PhotoFoto via phone at 1 800 011 265.

This Agreement governs the terms by which you may use stock photographic, illustrations, animations, video, footage, and other media on PhotoFoto.com or otherwise made available by PhotoFoto (the “Site”).

 

1. Background of Agreement

 

(a) By selecting the correct box at the end of this Agreement and selecting “I Agree” or otherwise signifying your acceptance, you accept this Agreement and agree to be bound by its provisions. If you are accepting on behalf of your employer, client or other entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer, client or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept this Agreement and do not download the Content.

 

(b) In this Agreement: (i) “you” means you or, if you are accepting on behalf of your employer, client or member account entity, then “you” means that employer, client or entity; (ii) “PhotoFoto” or “we” means the party identified in Section 9(k) below; and (iii) “Content” means any photographic image, illustration, animation, Flash file, film or video footage, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material.

 

(c) This Agreement is set up as a user-determined document where you will choose to enter into either our standard royalty-free content license (the “Standard License”) or an extended license where one or more of the restrictions of the Standard License are amended for your proposed use of the Content (an “Extended License”). If you do not select an Extended License or there is no Extended License option for the Content you have requested, your download of Content will be subject to the Standard License.

 

2. Permitted Uses

 

Subject to the Prohibited Uses in Section 4 below and the termination provision in Section 5, PhotoFoto hereby grants to you a perpetual, non-exclusive, non-transferable, non-sublicensable, and worldwide right to display, use, reproduce, publish, alter, and manipulate, in an unlimited number of projects, in whole or in part, via any medium, and by whatever means, the Content for any purpose (the “Permitted Use(s)”). All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by PhotoFoto or the supplier of the Content, as the case may be.

 

3. Seat Restrictions

 

Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content on only one computer or other electronic device at a time. You may physically transfer the Content and its archives from one computer or electronic device to another, in which case you may use the Content at the new computer or electronic device instead. If you require the Content to be in more than one computer or other electronic device or accessible by more than one person within your organization, you must license the Content from the Site for each such use or obtain an Extended License for a multi-seat license for the Content. You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy.

 

4. Prohibited Uses

 

(a) Prohibited Uses. You may not:

 

use the Content in electronic or digital template applications intended for resale or other distribution, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;

use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products (eg. products in which Content is selected by a third party for customization of such product on a made to order basis) including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as zazzle.com and cafepress.com);

use the Content in connection with any goods or services intended for resale or distribution where the primary value lies in the Content itself including, without limitation, cards, stationary items, paper products, calendars, apparel items, posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;

use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;

incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;

use the Content in a fashion that is considered by PhotoFoto (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;

If any Content featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement adjacent to the Content that indicates that: (i) the Content is being used for illustrative purposes only; and (ii) any person depicted in the Content, if any, is a model, unless the Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Content may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Content itself;

to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;

remove or modify any notice of copyright, trademark or other proprietary right , or any other copyright management information or metadata, from any place where it is on or embedded in the Content;

sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;

install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;

use or display the Content in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement;

use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Content means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);

use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: “©PhotoFoto.com/Artist’s Member Name”;

either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 500,000 times in physical (hard-copy) prints.

If the Content is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Content contrary to the terms of this Agreement, and (ii) in such event, upon PhotoFoto’s request, you shall remove any Content from such platform or website.

5. Term of Agreement

 

(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from PhotoFoto: (i)if you licensed the Content under a subscription and you fail to incorporate the Content into an end product, service, campaign or publication using independent skill and effort prior to the date which is 30 days from the end of your subscription as set out in the invoice provided to you following purchase of your subscription; or (ii) if at any time you fail to comply with any of the terms of this Agreement. Upon termination, you must immediately cease using the Content for any purpose; destroy or delete all copies and archives of the Content or accompanying materials; and, if requested, confirm to PhotoFoto in writing that you have complied with these requirements.

 

(b) PhotoFoto reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you for your member account, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist.

 

(c) Upon notice from PhotoFoto, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which PhotoFoto may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise. PhotoFoto shall provide you with replacement Content (which shall be determined by PhotoFoto in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

 

6. PhotoFoto Representations and Warranties

 

(a) PhotoFoto warrants that, except in respect of Content identified as “Editorial Use Only”: (i) your use of the Content in accordance with this Agreement and in the form delivered by PhotoFoto will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and (ii) all necessary model and/or property releases for use of the Content in the manner authorized under this Agreement have been obtained. You acknowledge that no releases are generally obtained for Content that is identified as “Editorial Use Only” and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release. For Content identified as “Editorial Use Only”, PhotoFoto does not grant any right nor make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, designs or works of art or architecture depicted therein. In such cases, you shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use of the Content identified as “Editorial Use Only”, and shall be responsible for obtaining such release(s).

 

(b) While we have made reasonable efforts to correctly categorize, keyword, caption and title the Content, PhotoFoto does not warrant the accuracy of such information. Additionally, PhotoFoto does not warrant the accuracy of any metadata that may be provided with the Content.

 

(c) OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 6(a), THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PhotoFoto DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT PhotoFoto) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.

IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DOWNLOADING CONTENT THAT IS IN A FLASH FORMAT OR FILE (WHETHER .SWF OR OTHERWISE), EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6(a),PhotoFoto MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE.

 

(d) Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.

 

7. Your Indemnification

 

You agree to indemnify, defend and hold PhotoFoto, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “PhotoFoto Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any PhotoFoto Party as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement.

 

8. PhotoFoto Indemnification and Limitation of Liability

 

(a) Provided that the Content is only used in accordance with this Agreement and you are not otherwise in breach of this Agreement and as your sole and exclusive remedy for breach of the representations and warranties set forth in Section 6 (a) above, PhotoFoto shall, subject to the terms of Sections 8(b),(c),(d) and (e) defend, indemnify and hold harmless you, your parent, subsidiaries and affiliates and respective directors, officers and employees from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that the possession, distribution or use of the Content by you is in breach of the representations and warranties set forth in Section 6(a) above. The foregoing states PhotoFoto’s entire indemnification obligation under this Agreement.

 

(b) The indemnification set out in Section 8(a) above is conditioned on your prompt notification in writing to PhotoFoto of such claim and our right to assume the handling, settlement or defence of any claim or litigation. You agree to cooperate with PhotoFoto in the defence of any such claim or litigation and shall have the right to participate in such litigation at your sole expense. PhotoFoto shall not be liable for legal fees and other costs incurred prior to the notice of the claim.

 

(c) IN NO EVENT SHALL PhotoFoto OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF YOU MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION FIRST AROSE.

 

(d) NOTWITHSTANDING ANY OTHER TERM HEREIN, PhotoFoto SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU.

 

(e) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF PhotoFoto UNDER THIS AGREEMENT AND ANY OTHER AGREEMENT UNDER WHICH YOU HAVE LICENSED THE SAME CONTENT, REGARDLESS OF THE FILE SIZE, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER AND THE OBLIGATION OF PhotoFoto UNDER SECTION 8(a) SHALL BE LIMITED TO AN AGGREGATE OF TEN THOUSAND ($10,000) US DOLLARS PER PIECE OF CONTENT. FOR GREATER CLARITY, PhotoFoto’S LIABILITY TO YOU IN RESPECT OF THE PIECE OF CONTENT SHALL NOT EXCEED TEN THOUSAND ($10,000) US DOLLARS REGARDLESS OF THE NUMBER OF TIMES THAT YOU LICENSE THE SAME PIECE CONTENT FROM PhotoFoto.

 

(f) SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

9. General Provisions

 

(a) You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the terms of the Membership Agreement and Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them. In the event of any inconsistency, the terms of this Agreement shall govern.

 

(b) PhotoFoto’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

 

(c) This Agreement is personal to you and is not assignable by you without PhotoFoto’s prior written consent. PhotoFoto may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.

 

(d) No terms or conditions may be added or deleted unless made in writing and either accepted in writing by an authorized representative of both parties or issued electronically by PhotoFoto and accepted in writing by your authorized representative.

 

(e) Upon reasonable notice, you shall provide sample copies of uses of the Content to PhotoFoto. In addition, upon reasonable notice, PhotoFoto may, at its discretion, either through its own employees or through a third party, audit Licensee's records directly related to this Agreement and use of Content in order to verify compliance with the terms of this Agreement. If any such audit reveals an underpayment by Licensee to PhotoFoto of five percent (5%) or more of the amount Licensee should have paid for the time period that is the subject of the audit, in addition to paying PhotoFoto the amount of such underpayment, Licensee shall also reimburse PhotoFoto for the costs of conducting such audit. Where PhotoFoto reasonably believes that Content is being used outside of the scope of the license granted under this Agreement, Licensee shall, at PhotoFoto’s request, provide a certificate of compliance signed by an officer of Licensee, in a form to be approved by PhotoFoto.

 

(f) Any use of Content in a manner not expressly authorized by this Agreement constitutes copyright infringement, entitling PhotoFoto to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition to other termination rights hereunder, PhotoFoto reserves the right to terminate this Agreement in the event you enter in to this Agreement after having received notice of unauthorized use from PhotoFoto relating to the Content.

 

(g) If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.

 

(h) You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.

 

(i) This Agreement will be governed in all respects by the laws of the State of New York, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this Agreement or its enforceability, or the business relationship between the parties, shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the Commercial Rules of the American Arbitration Association ("AAA") or of the International Centre for Dispute Resolution ("ICDR") in effect on the date of the commencement of arbitration (the applicable rules to be at your discretion) to be held in one of the following jurisdictions (whichever is closest to you): Seattle, Washington; New York, New York; Los Angeles, California; London, England; Paris, France; Frankfurt, Germany; Tokyo, Japan; or Singapore. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgement may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defence on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, PhotoFoto shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of PhotoFoto, such action is necessary or desirable. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.

 

 

If you have concerns relating to this Agreement, please contact PhotoFoto at  via phone at 1 800 011 265.

 

11. Acknowledgement

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF PhotoFoto AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PhotoFoto, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PhotoFoto RELATING TO THE SUBJECT OF THIS AGREEMENT.

Subcategories

Reach out

Level1, 530 Little Collins
Melbourne, Australia
+61 1 800 011 265

Join Our Newsletter

Signup to get exclusive offers and other discount from us by joining our newsletter program.