Using the site
Agreement for using the site
By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client's behalf, to you and all 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 including but not limited to changes based on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any images listed under the photofoundation.org 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.

Use of this site


This site is owned and operated by photofoundation. All images and related informational materials in any medium provided by photofoundation hereunder, including related text, captions, or information (collectively referred to as Images) are owned by photofoundation and by our image providers (photographers), members of our community. All images are protected by UK and international copyright laws. 

This site contains both Images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). photofoundation allows you to search for, view, and use Watermarked Images only as permitted below. If you have registered for a photofoundation account and photofoundation has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. photofoundation reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from photofoundation. All rights not specifically granted under this Agreement are reserved to photofoundation. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Images or related information.

 photofoundation 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 law. photofoundation may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from photofoundation. 

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. 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 photofoundation or its members. 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 counselors.

 photofoundation makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. While the responsibility for the images uploaded is entirely on the photographer's side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.
 If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.




Children
Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Signing up for an account
To obtain access to our images as well as upload any images, you have to apply for a photofoundation account and you agree to provide complete, true and accurate information. photofoundation reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by photofoundation. Our privacy policy can be reviewed at the www.photofoundation.org/legalprivacy. 

You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, 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 photofoundation of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify photofoundation of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any photofoundation account or web site or related services. 
At anytime, you may request your account access to be restricted, but photofoundation reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site's services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the photofoundation admin staff, for legal purposes.

 After registering, you can download images using various licenses available on our site. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company's own projects or clients and cannot be transmitted to another party. If the image is to be used by more employees or for more than 100,000 copies then an Extended License is required.

 None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without photofoundation's separate written consent.


Trademarks
The trademarks, services and logos used and displayed in photofoundation.org are registered and unregistered trademarks of photofoundation.org its subsidiaries and affiliates. photofoundation.org trademarks may only be used publicly with the permission of photofoundation with proper acknowledgement. Except as expressly granted photofoundation does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information. 


Editorial License
The editorial section has images depicting people and events from a wide range of scenes. Images downloaded under the Editorial section of our site can be used within editorial context as long as the current terms are met. 

The images that you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Buying the image does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image. 

Special ethical considerations apply to editorial usage. When using or submitting editorial images, you are solely responsible for any claims related to or arising from any visual adjustments of the images. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image. We reserve the right to refuse any image submission that we consider as not marketable.

Additional requirements for buyers:
Images included within the editorial section may include visible logos, or identifiable persons who didn't sign a model release document. You are solely responsible for the usage given to such images. Please consider that editorial images are not meant for commercial usage and using them in a commercial context is against editorial terms.

Additional requirements for contributors:


Please note that editorial images are meant to be an objective view of a specific event and therefore any post-processing of the photographs that might damage or distort the reality as seen through your camera lens, will not be tolerated. Cropping an image and standard brightness/contrast adjustments are acceptable, but the use of clone, brushes and/or artistic filters is not meant for editorial images. You hereby agree that the image submitted to photofoundation is not obtained in unlawful ways or that can enforce civil or criminal liabilities. You are solely responsible for how the image is produced and your activities will indemnify photofoundation harmless of any claims from you or any third parties involved within the shooting.

Sensitive usage restrictions:
Any license granted by photofoundation shall not constitute a representation that an 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 with sensitive topics without Dreamstime'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 contact Dreamstime for additional information prior to any use of an Image with any sensitive topic.

Each photographer that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release.
Dreamstime will not be held responsible for any of the materials you upload to the site.

Releases/Clearances
The rights photofoundation grants you do not include a license to any person, place, property, or subject matter depicted in an image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. photofoundation makes no representations or warranties that it owns or licenses any rights nor does photofoundation grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Furthermore, photofoundation makes no representation or warranty as to the accuracy of any information provided with the images. 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 photofoundation. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel. 
In addition, a model release document must be uploaded by photographers, members of photofoundation's community, confirming that the persons included in their Image have signed a written agreement. By uploading this document, the photographers certify that the information contained within is complete and accurate. 

 If an image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Under no circumstances, can you use an image with a person or more, in a context suggesting he/she or they are endorsing a subject that can be seen as sensitive. Any license granted by photofoundation is conditional upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide photofoundation with proof of such releases and permissions upon request.

Refund Policy


You may ask for a refund of your purchase within 14 days from the purchase date. Note that this is possible only if you are able to immediately remove all images used in different designs and that you must provide a well founded reason for your request and your photofoundation username.

 If you have downloaded an image that has technical flaws please contact us for a refund. If you are not able to download an image, we will you, provided that photofoundation determines that you have been unable to download the image successfully.

Copyright


The Photographer acknowledges that photofoundation 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 web site located at photofoundation.org.

 By uploading his/her image, the Photographer is warranting that he/she owns all proprietary rights, including copyright, in and to the image. The Photographer acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on photofoundation's servers. photofoundation reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate information.

 The Photographer hereby grants photofoundation a non-exclusive license to post the image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants photofoundation and its representatives the right to sublicense the image to their customers in accordance with the terms of the photofoundation License Agreement, a copy of which the Photographer acknowledges reviewing and agreeing to.

 The Parties agree that all rights, including title and copyright, in and to the uploaded images, shall be retained by the Photographer, unless otherwise mentioned by the license agreement. The Photographer acknowledges that no monetary or financial compensation is owing or required to be paid to the Photographer by photofoundation or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer.

Notification of copyright infringement


photofoundation may terminate the accounts of users who 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 such infringement is occurring on photofoundation's site, send photofoundation 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 photofoundation site; (iv) information sufficient to permit photofoundation 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. 


Unauthorized Use


Without limitation, Images may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle photofoundation 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 photofoundation's rights or remedies in connection with any unauthorized use.


Indemnification


You agree to indemnify, defend, and hold harmless photofoundation against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a 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.




Disclaimers
photofoundation PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER photofoundation NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL photofoundation'S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.