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Terms and Conditions

By downloading files including photography, illustration, and animation from the Photooh website (“Photooh Content”) you agree to be bound by the terms of this Agreement. Do not download Photooh Content if you do not accept these terms. Only use Photooh Content only as specified below. 

1. This is a license, not a sale, of Photooh Content.

2. You are granted a non-exclusive, non-transferable license to use in perpetuity Photooh Content on the terms and conditions contained in this Agreement.

3. Images on our websites can either be downloaded, or ordered for prints which gets delivered to you, arriving at your door steps within 3-5 days.  Given that we ship out items same day or next day depending on the time of the order, your order may actually arrive sooner.

You may only engage in expressly permitted activity with respect to Photooh Content under this Agreement. 

4. CAUTION: WHILE PHOTOOH HAS ENDEAVOURED TO ENSURE THAT APPROPRIATE MODEL AND PROPERTY RELEASES HAVE BEEN OBTAINED. PHOTOOH PROVDES NO EXPRESS OR IMPLIED REPESENTATION, WARRANTY OR CONDITION OF ANY KIND. THE ENTIRE RISK AS TO THE LEGAL AVAILABILITY AND SUITABILITY OF THE CONTENT FOR YOUR PURPOSES IS YOURS. THE TOTAL MAXIMUM AGGREGATE LIABILITY OF PHOTOOH TO YOU IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO PHOTOOH UNDER THIS AGREEMENT. 

5. Images found on our website is licensed in two ways:

ROYALTY-FREE AND CREATIVE COMMONS ZERO (CC0) LICENSE

It's hard to understand complex licenses that is why some photos on our website are licensed under the Creative Commons Zero (CC0) license.

This means the pictures are completely free to be used for any legal purpose.

The only restriction is that identifiable people may not appear in a bad light or in a way that they may find offensive, unless they give their consent. You should also make sure the depicted content (people, logos, private property, etc.) is suitable for your application and doesn't infringe any rights.

The CC0 license was released by the non-profit organization Creative Commons (CC). Get more information about Creative Commons images and the license on the official license page.

QUESTIONS REGARDING THE USABILITY FOR ANY PURPOSE OR PROPOSED USE SHOULD BE DIRECTED TO Legal@Photooh.com

FOR IMAGES THAT ARE LICENSED OTHER THAN AS MENTIONED ABOVE, THE FOLLOWING AGREEMENT IS APPLICABLE

1. Application of these terms and conditions

The following terms and conditions apply to all users of the Photooh.com website: its visitors and its contributors (referred to in these terms and conditions as "You", "Your" or "Yours" as the context requires).

2. Use of the Photooh.com website

By using this website and/or downloading or uploading any material, you agree to be bound by this agreement. This agreement applies to You and, if You are using this website on Your client's behalf, to You and Your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change Our pricing structure as needed. Your use of the site will be subject to the most current version of the terms and conditions published on the site at the time of Your use. By using this site and downloading, uploading or using any images listed under the Photooh.com domain You agree to be bound by this agreement. Should You disagree with anything stated here please discontinue Your use of the site and erase all data You have downloaded.

This website is operated by Photooh LLC whose registered office is in Las Vegas NV USA, (which company is referred to in these terms and conditions as "Photooh.com" "We", "Our" or "Ours" as the context requires).

All images provided by Photooh.com are owned by Our Contributors (photographers / Graphic Designers). All rights in the images are protected by international copyright laws.

Photooh.com may immediately revoke all licenses granted to You without notice if You fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the images, delete all images and all copies from all media and destroy all other copies. Your use of this site and any images shall comply with all applicable laws in the country in which You operate. 

You are solely responsible for determining whether Your use of any image requires the consent of any third party or the license of any additional rights, and You should not rely solely on the information provided by Photooh.com or its Contributors. If You are unsure whether additional third-party rights are needed for Your use, you are responsible for consulting with competent rights management professionals or legal advisors.

Photooh.com makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the international market. The responsibility for the images uploaded is entirely the Contributor's, he/she being the one who holds all copyrights over the content submitted.

If you have found a file that represents such an infringement please notify us, Legal@Photooh.com in order that We may take the appropriate measures.

3. Acknowledgements, representations and warranties

By using the website or any other of Our services, you acknowledge and agree with the following statements:

4. Use of images downloaded from Photooh.com

Our terms apply equally to personal, corporate, educational and charitable use. Images can be used subject to the terms of the appropriate license set out below and subject to the relevant law of the state in which the image is used worldwide, in perpetuity, and with no time limitations.

We offer two types of license for Our images - a Standard License and an Extended License. In most cases the Standard License will be sufficient.

5.1. STANDARD LICENCE

When you download a free or purchased image from Photooh.com you automatically receive our Standard License which allows you to use the image as an illustration for almost any business, personal, educational or charitable purpose. The image is yours to use anywhere in the world as many times as you need and for as long as you want.

If you choose to download an image free of charge you need to publish an acknowledgement to Photooh and the creator of that image wherever it’s used. This is how:

5.2. Free image downloads

5.3. No watermark

Our image downloads are watermark-free. They are clear, sharp and ready for use.

5.4. 'Attribution required'

If you use this free image, you must publish an acknowledgement to Photooh.com and/or the image creator, as applicable, on the same page or screen where the image is used.

If you are unwilling or unable to publish an acknowledgement, you must purchase the image, to avoid this requirement.

5.5. Publishing an acknowledgement

Purchasing good quality images can be expensive, and you can't always justify the cost, so we give you a small version of all our images free of charge.

All we ask in return is that you publish an acknowledgement (or 'attribution') when you use the image so that you acknowledge who created the image and where it came from.

We understand that this isn't always possible, so if you are unable (or prefer not) to publish an acknowledgement all our images are available to purchase, starting at $3.00. If you purchase an image then you don't need to publish an acknowledgement.

5.6. How to word the acknowledgement

When publishing an acknowledgement, you must include both the name of the artist who created the image, when applicable and/or “Photooh.com”. The name of the image creator can be found at the top of the download page, if applicable and will be included in your download confirmation email, when available. We suggest that you use a format like this: Image courtesy of [name of the image creator] at Photooh.com OR Image courtesy of Photooh.com

If you are logged in to your account then any images you download will be automatically recorded so you can access the details for your acknowledgement at any time.

5.7. Where to put the acknowledgement

Where you place the acknowledgement will vary according to the way you are using the image. Here are some common examples of how our images are used and where the acknowledgement should be positioned for each one:

Websites

The acknowledgement should be published somewhere on the page that each free image appears on. Where the same image is used on multiple pages (for example if you use it as a background or banner on multiple pages) please publish the acknowledgement just once, for example on an 'about' page.

Facebook (e.g. profile pictures, cover pictures, status updates)

Include the acknowledgement in a status update, or in the text accompanying an uploaded image.

Twitter (e.g. profile pictures, background pictures)

Tweet an acknowledgement (our Twitter user name is @photooh).

Printed media

Publish the acknowledgement adjacent to the image each time that image is used.

DVD, Blu-ray, CD and digital music covers

For Blu-rays, DVDs and CDs, place the acknowledgement on the front, rear or inside cover. Where the cover is digital (e.g. mp3) you should add the acknowledgement to the image using image editing software.

Book or eBook covers

Place the acknowledgement adjacent to the image or in a list of image acknowledgements.

Television broadcasts

Include the acknowledgement within the opening or closing credits of the broadcast.

Films (including YouTube and Vimeo)

Add the acknowledgement to the opening or closing credits of the film, or within the text description of the video.

Software, smartphone applications and video games

Include the acknowledgement in the ‘About’ screen or a similar location.

Emails

Add the acknowledgement somewhere within the email.

School or college projects

Place the acknowledgement adjacent to the image or in a list of references.

PowerPoint presentations, Word documents and other end-user applications

Show the acknowledgement adjacent to the image or in a list of references.

Where you are using the image for a purpose not listed above please ensure that you position the acknowledgement appropriately, in line with the spirit of our requirements above.

6. EDITORIAL IMAGES

Editorial images are supplied with our Standard License, but they may only be used for non-commercial and non-promotional purposes. In most cases no legal releases have been signed by the people within these images or on behalf of any property or designs featured. This means that the images may not be used for any purpose which will result in You making money. No Extended License is available for editorial images. All Our terms and conditions still apply to editorial images.

You are responsible for any changes You make to an editorial image and any claim made against You as a result. We strongly advise that You do not adjust an editorial image in any way which could change the perceived message or context of the image.

Please note that images which are available for commercial use (not marked as an ‘editorial image’) may still be used for editorial purposes.

Editorial images may not be used for commercial or promotional purposes. This means that the images may not be used for any purpose which will directly result in you making money.

Editorial images may be used to illustrate truthful articles in printed or electronic media such as websites, magazines, newsletters, books, broadcasts and newspapers.

Editorial images may not be used in advertising, advertorials, commercial brochures, commercial websites or product packaging.

When these restrictions apply to a picture it is clearly labeled as an ‘editorial image’ when you view and download it, for example the small Free Image.

Please note that the terms of our Standard License still apply to these images, these additional restrictions are to protect the personal, or intellectual, rights of the subject of the image.

7. EXTENDED LICENCE

An Extended License is a royalty-free license which gives You the right to use the image for all purposes and to sell or distribute the image on any merchandise or products produced by You but expressly excludes the right to use the image in any way on any print-on-demand website like, but not limited to, Zazzle or Cafe press. Usage is subject to the limitations set out in the table below.

7.1. Acceptable and prohibited use

The table below provides an overview of what is allowed under each license. If Your intended use is not listed below, please contact us Legal@Photooh.com for advice.

All our images are quality checked and perfect for many uses -

This table shows a range of uses for our images and which license is needed for each. Our images can be manipulated, edited, have text overlaid or be combined; the same licensing terms still apply.

How you intend to use the image Type of license you need
Websites (unless it is a template for mass distribution). E.g. websites for business (for yourself or a client), personal, educational or charitable use, plus blogs, forums and Facebook/Twitter/Google+ pages. Standard License
(free* or purchased images)

Printed media (e.g. newspapers, magazines, newsletters, booklets, flyers, advertising and promotional material). Standard License
(free* or purchased images)

DVD, Blu-ray, CD and digital music covers. Standard License (free* or purchased images)

Book or eBook covers and inner pages (including books which are published through a print on demand service such as Amazon). Standard License
(free* or purchased images)

Television broadcasts. Standard License (free* or purchased images)

Films (e.g. video productions and YouTube or Vimeo videos). Standard License (free* or purchased images)

Facebook profile or cover pictures (unless it is a template for mass distribution). Standard License (free* or purchased images)

Twitter avatars or backgrounds (unless it is a template for mass distribution). Standard License (free* or purchased images)

Software, apps and video games – incidental use where the image is not important to the functioning of the software. Standard License
(free* or purchased images)

Emails (e.g. business, marketing and personal emails). Standard License (free* or purchased images)

School or college projects. Standard License (free* or purchased images)

PowerPoint presentations, Word documents and other end-user applications (unless it is for mass distribution). Standard License
(free* or purchased images)

Desktop wallpaper (unless it is for mass distribution) Standard License (free* or purchased images)

Artists reference and canvas/framed artwork – where the resulting artwork is for personal use. Standard License (free* or purchased images)

Artists reference and canvas/framed artwork – where the resulting artwork is for sale. Extended License

Flash cards, language courses and online learning systems etc. - where the images are integral to the functioning of the system, e.g. a picture is shown and has to be identified. Extended License

Product packaging or labels. Extended License

Products or printed merchandise for mass distribution where the image is the sole, or a main, reason the product would be chosen; whether the item is distributed free of charge or sold. This includes, but isn't limited to:

Greeting cards, mugs, T-shirts, calendars, jigsaws and other puzzles.
End user application templates, e.g. PowerPoint presentation or Word document templates.
Desktop wallpaper.
Facebook profile or cover pictures.
Twitter avatar or backgrounds.
Web templates, e.g. templates distributed via Theme Forest or Template Monster.

This excludes distribution on merchandise sites, see below.

Extended License
Products or printed merchandise for resale on merchandise sites such as Zazzle and Cafe Press. Prohibited – no license available
Logos and other corporate identity devices which may acquire trademark or copyright protection. Prohibited – no license available
Pornographic, unlawful or defamatory uses. Prohibited – no license available
Infringement of copyright, trade name, trademark or service mark. Prohibited – no license available
Redistribution or resale as a digital or printed image. Prohibited – no license available
* Images which are downloaded free of charge are all provided under the Standard License. You must publish an acknowledgement wherever the image is used to acknowledge Photooh.com and the copyright holder for that image (i.e. the person who created the image).

* Images which are downloaded free of charge are all provided under the Standard License. You must publish an acknowledgement wherever the image is used to acknowledge Photooh.com and the copyright holder for that image (i.e. the person who created the image), when applicable. 

7.1. Editorial images

Editorial images may not be used for commercial or promotional purposes. This means that the images may not be used for any purpose which will directly result in you making money.

Editorial images may be used to illustrate truthful articles in printed or electronic media such as websites, magazines, newsletters, books, broadcasts and newspapers.

Editorial images may not be used in advertising, advertorials, commercial brochures, commercial websites or product packaging.

When these restrictions apply to a picture it is clearly labeled as an ‘editorial image’ when you view and download it, for example the small Free Image.

Please note that the terms of our Standard License still apply to these images, these additional restrictions are to protect the personal, or intellectual, rights of the subject of the image.

Confused?

We understand that the various licensing options for stock images can be confusing, so please don't hesitate to contact us,  Legal@Photooh.com if you would like clarification on any of the above information.

8. Terms specific to Free images

If You use a Free version of an image (that is, an image for which You do not make payment) You must publish an acknowledgement, on the same page or screen where the image is used, to Photooh.com and the image creator. This is mandatory and forms part of the user agreement. Please above for more information about publishing an acknowledgment.

If You are unable or unwilling to comply with this term then You must purchase the image in order to use it. Publishing an acknowledgement is optional for Purchased images.

Downloading an image (whether Free or Purchased) does not transfer the copyright, merely a license to use the image for the purposes stated above. You may not claim that the image is Your own.

Unauthorized use of these images constitutes copyright infringement and shall entitle Photooh.com and/or its Contributors to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such images. The foregoing is not a limiting statement of Photooh.com rights or remedies in connection with any unauthorized use.

9. Manipulation of images

Manipulations, deviations and modifications of Photooh.com images are allowed as well as, including images in composites to achieve a desired effect.

You may not sell or redistribute images where the original Photooh.com image used in the image is distinguishable in the compilation as a primary component UNLESS the use is specifically granted under the terms of the Extended License.

Images used in manipulated, modified or deviated form in a composition that are so thoroughly incorporated that they are not reasonably identifiable are not subject to these restrictions.

Ownership of the copyright of manipulated, deviated and modified Photooh.com images remains with the Photooh.com contributor and may not be assumed by any other person if the original image is still identifiable in part or in whole.

10. Model and property releases

Where indicated, Our Contributors have provided Us with a model release or property release which authorizes them to sell images of that person or property. Please note that releases are usually not required for images sold for editorial use only.

11. Sensitive subjects

Any license granted by Photooh.com shall not constitute a representation that the image is compatible for use with any other material. You are solely responsible for the use of any image in combination with any other material, and You agree not to use images in sensitive topics without Photooh’s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image.

You must Legal@Photooh.com for additional information prior to any use of an image in a sensitive topic.

12. Availability of images

Any image you have downloaded (either Free or Purchased) may be downloaded multiple times at no extra charge so long as that image remains available on the Photooh.com website.

13. Refund policy

If You have downloaded an image that has technical flaws please contact us and at Our Discretion We will either replace the image at no extra cost or refund any sum You have paid for the image. At no time will We be liable to You for any other losses whether direct, indirect or consequential arising out of an image with any technical or other flaws.

14. Notification of copyright infringement

Photooh.com may terminate the accounts of Contributors who upload images onto the Photooh.com website which may infringe the intellectual property rights of others. If You believe that Your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Photooh.com website, complete the "Report a problem with this image" form accessible from every image on the website. Alternatively, send Photooh.com (Legal@Photooh.com), a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that You claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that You claim is infringing is located on the Photooh.com site; (iv) information sufficient to permit Photooh.com to contact You, such as Your physical address, telephone number, and email address; (v) a statement that You have a good faith belief that the use of the material You identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by You that the information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner's behalf. Our address is 201 Las Vegas Blvd. South Unit 1392, Las Vegas, NV 89125 

15. Indemnity

You agree to fully and effectually indemnify, defend, and hold harmless Photooh.com against all claims, liability, damages, costs and expenses, including all reasonable legal fees and expenses, arising out of or related to any breach of this agreement, the use of this site and the use of any image either alone or in combination with any other material, Your failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of an image, alone or in combination with any other material.

16. Exclusion of liability

Photooh.com provides images supplied by the Contributors in good faith but without any responsibility that the Contributor is entitled to place the image on the website.  You are responsible for ensuring that Your use of any image complies with all laws and regulations which apply in the area where You publish or make use of the image.

17.1. CONTRIBUTORS

17.2. Registering for a Contributor's account

To upload any images, you have to apply for a Photooh.com account and You agree to provide complete, true and accurate information in Your application. Photooh.com reserves sole discretion over whether to grant You an account, and You agree to access the authorized sections of the website and Your account only by using the email address and password chosen.

You are responsible for maintaining the confidentiality of Your password and You shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining Your access information and to notify Photooh.com of any unauthorized access or need to update or remove access for any of Your employees or agents.

At any time, you may request Your account access to be restricted or terminated, but Photooh.com reserves the right to delay or deny any final payment due if suspicious activity is suspected.

17.3. Contributor responsibility

As a Contributor You are entirely responsible for the images You upload. By uploading files, You confirm You are the sole copyright holder for the image. When an image includes a recognizable person, You must provide an appropriate, signed model release form for that person. This includes children, deceased persons, speakers of another language; cases in which a parent, a guardian or another authorized person should provide explicit consent.

Photooh.com will not be held responsible for any of the images You upload to the site.

In cases where images include elements of other people's work, it is Your sole responsibility to provide an appropriate, signed property release form to show that You have obtained authorization to include those elements in the new work which is being uploaded for sale.

17.4. Copyright

You as the Contributor acknowledge that Photooh.com prohibits any image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its website located at Photooh.com

By uploading Your image, You as the Contributor are warranting that You own all intellectual property rights, including copyright, in and to the image. Where You do not own all intellectual property rights You will provide an appropriate property release form signed by the intellectual property rights owner.

When You upload an image for editorial use only, it is Your sole responsibility to provide an appropriate, signed release form if the intellectual property rights for subjects within that image extend to editorial use.

You confirm that all information provided by You at submission date and during the time that the file is hosted on Photooh.com's servers is true and accurate. Photooh.com reserves the right to verify the information and to take the appropriate measures in case of spam or any inaccurate information.

You as the Contributor hereby grant Photooh.com a non-exclusive license to post the image on its website and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants Photooh.com and its representatives the right to sublicense the image to their customers in accordance with the terms of the Photooh.com license agreement, a copy of which You as the Contributor acknowledge reviewing and agreeing to.

The parties agree that all rights, including title and copyright, in and to the uploaded images, shall be retained by You as the Contributor, unless otherwise mentioned by the license agreement. You acknowledge that no monetary or financial compensation is owing or required to be paid to You as the Contributor by Photooh.com or any of its directors, officers, employees partners, agents or members for the rights granted herein by You other than to account to You for the payments received from visitors to the website.

While Photooh.com acknowledges that its policy is to provide the Contributor with certain payments whenever an image uploaded by that Contributor is downloaded and paid for by a visitor, the parties agree that Photooh.com may amend such policy from time to time, as reasonable business objectives may require.

17.5. Pricing policy

Photooh.com reserves the right to set sale prices for all image sizes and formats. Contributors will be given at least 30 days notice of any change to the pricing policy.

17.6. Payment

Photooh.com pays its Contributors an agreed percentage of the revenue resulting from sales of their images. Photooh.com reserves the right to change the percentage payable at any time. Our Contributors will be notified of any changes to the agreed percentage; and the changes may apply to any sales on and after the date of notification.

The percentage payable is based on the price which the customer pays for the image, not on any 'standard' price. Therefore, if the customer purchases an image at a discounted price then the percentage payable is calculated using the discounted price paid, not the undiscounted price.

Photooh.com shall pay to each Contributor any sum due to the Contributor when the balance due to the Contributor equals or exceeds US $10. The payment will be made to the Contributor through their PayPal account as specified by the Contributor within their Photooh.com account management area. Photooh.com may deduct from any payment refunds that have been made to customers in respect of the Contributor's images.

Photooh.com is entitled to carefully analyze all details and logs of the Contributor's sales on the website. If any suspicion exists, Photooh.com has the right to delay the payment until all details are cleared or to refuse the payment.

You acknowledge that Photooh.com is under no obligation to You to continue to display Your image on its website. Photooh.com shall not be responsible to You in any way for the loss of any potential sales during any period when either the website is not functioning or one or more of Your images does not appear on the website.

17.7. Indemnity by Contributors

You as the Contributor agree that neither Photooh.com nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the image. You further acknowledge that You are responsible for any challenges made by any third party regarding copyrights in the image.

You agree to fully and effectually indemnify, defend, and hold harmless Photooh.com against all claims, liability, damages, costs and expenses, including all reasonable legal fees and expenses, arising out of or related to any breach of this agreement of this agreement by You, Your use of this website and the use of any image either alone or in combination with any other material, Your failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of an image, alone or in combination with any other material.

You as the Contributor agree that Photooh.com is entitled to use any image supplied by You without charge solely for the purpose of advertising and marketing the Photooh.com website and the services supplied by it.

If You have chosen not to permit high resolution versions of images supplied by You to be used in this way, then only small, medium or large sized versions shall be used by Photooh.com for the purpose of advertising and marketing the services supplied by it.

17.8. Use of images by customers

Customers who download Contributors’ images, whether Free or Purchased, agree to use the images in accordance with our terms and conditions. Photooh.com is not responsible for use or misuse of images in breach of our terms and conditions, and no liability is accepted in such circumstances.

17.9. Removal of Your images from the website

You may request deletion of Your images from the website at any time. Images that have been downloaded by customers prior to their removal from the website will remain properly licensed; we are unable to revoke licenses which have previously been granted. Please see (Notification of Copyright Infringement) above for information we need from you for such inquiry. Once we receive the information, we will verify the concerned image and take appropriate action.

17.10. Termination of accounts

You may request termination of Your account at any time, for any reason. Images that have been downloaded by customers prior to their removal from the website will remain properly licensed; we are unable to revoke licenses which have previously been granted.

We may terminate Your account at any time, for any reason, for example, but not limited to: deception, copyright infringement, continual submission of poor quality images.

Any monies owed to You at the time of termination will be paid, except where we suspect unusual activity on the account, in which case we may delay payment indefinitely while We investigate.

17.11. Proper law and jurisdiction

This agreement shall be governed by and construed in accordance with the law of the State of Nevada, USA and each party agrees to submit to the exclusive jurisdiction of the courts of Clark County, Nevada.