|Site Usage Agreement
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 changed base 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 FotoAgent 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 FotoAgent. All images and related informational materials in any medium provided by FotoAgent hereunder, including related text, captions, or information (collectively referred to as Images) are owned by FotoAgent and by our image providers (photographers), members of our community. All Images are protected by US 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). FotoAgent allows you to search for, view, and use Watermarked Images only as permitted below. If you have registered for a FotoAgent account and FotoAgent has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. FotoAgent 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 use upon written notice from FotoAgent. All rights not specifically granted under this Agreement are reserved to FotoAgent. 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.
FotoAgent 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. FotoAgent 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 FotoAgent.
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 FotoAgent 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.
FotoAgent 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 (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.
Use of Watermarked Images - Using images for comping
Images include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images (Non-Watermarked or Watermarked Images) or higher resolution non-watermarked Images (Non-Watermarked Images).
Conditional upon your compliance with this Agreement, FotoAgent grants you a limited license to download Watermarked Images solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Image according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, FotoAgent grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.
Registering For A FotoAgent Account
You are responsible for maintaining the confidentiality of your signin name 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 FotoAgent 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 FotoAgent of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any FotoAgent account or web site or related services.
At anytime, you may request your account access to be restricted, but FotoAgent 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 FotoAgent admin staff, for legal purposes.
After acquiring a credits package or subscription, 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.
None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without FotoAgent's separate written consent.
Royalty-Free License - Concept Info
What Royalty-Free means is that you pay for the image only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. Note that the maximum number of copies for printed materials is 500,000 copies.
The Royalty-Free license is granted ONLY for the high-resolution, non-watermarked image (the one that is bought using the download button); all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.
Royalty- Free License of use of Non-Watermarked Images and Restrictions
The high-resolution images that you download under the regular Royalty Free (RF) license may be used to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, flyer, or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the image appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the images in a correct way please email support using the contact us form.
Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the image in an essential manner, intended to be sold or given for free, are considered redistribution (if the image is used in an essential manner). The use of FotoAgent.com images for these purposes under the regular Royalty Free license is not permitted. It is also forbidden to make the image available on a website for download (as wallpapers for example), although you may use the image in a concept in as many websites as you want, for any number of clients. For Web use, you must not use the image at a width exceeding 800 pixels unless it is included in your site's design. If the image is part of a design and manipulated accordingly, the image width can be higher than 800 pixels.
If you use the images for printed materials, the number of copies must not exceed 500,000. You may modify the images in any way required for reproduction, or include them in your own personal creations.
Buying the high-resolution image (purchasing the license) 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 for reuse. We recommend that you credit the agency and the photographer when you use an image. By this you benefit the community at FotoAgent.com, of which you are an integral part, and help increase your success as part of the community, which, by growing contributions, gains quantity and quality.
Limited Royalty Free Licenses using images downloaded within the Free section of the website
FotoAgent offers a free section, fully searchable and constantly updated. Its use may be available to all registered users or to a specific niche of members, depending on the agency's strategy. The high resolution images downloaded from the free section may be used under the terms mentioned for the regular Royalty Free license, with a single additional restriction: the maximum amount of copies is limited to 10,000 copies. If you exceed this amount and you already purchased credits you may request to download the image under the regular RF license.
The editorial section provides news worthy images reflecting events from social, cultural and political scenes. Images downloaded under the Editorial section of our site, as well as images downloaded with our Royalty Free license can be used within editorial context as long as the current terms are met.
The high-resolution 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 high-resolution image (purchasing the license) 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. Click here for credit line requirements.
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 lense, 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 FotoAgent 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 FotoAgent harmless of any claims from you or any third parties involved within the shooting.
If a Model Release is available on file, it will remain within our database, a proof about its existence can be forwarded to the buyer, however, the MR info will still not be disclosed in respect of the photographers' and models' privacy.
This is an additional license to the rights included within the regular Royalty-Free license.
For any other details regarding usage or these licenses, you are strongly advised to contact FotoAgent.
Without limitation, Images may not be used as a trademark or service mark or 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 FotoAgent 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 FotoAgent's rights or remedies in connection with any unauthorized use.
Credit Line Requirements
All images used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used within editorial purposes. The credit line format is specified on the Download confirmation page.
Any license granted by FotoAgent 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 FotoAgent'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 FotoAgent 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.
FotoAgent will not be held responsible for any of the materials you upload to the site.
Model and Property Releases/Clearances
The rights FotoAgent 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. FotoAgent makes no representations or warranties that it owns or licenses any rights nor does FotoAgent 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, FotoAgent 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 FotoAgent. 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 FotoAgent'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 is designated as model-released, it means that the person(s) included in the Image has/have signed a release permitting reproduction of the Image, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. If FotoAgent erroneously advises you that an Image is model-released when it is not, FotoAgent's liability shall be limited to the amount you paid FotoAgent for the use of the Image. 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, you cannot 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 FotoAgent is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide FotoAgent with proof of such releases and permissions upon request.
There are not refund once images are downloaded from our site except as noted below.
If you have downloaded an image that has technical flaws please contact us for a refund of all credits used for downloading the image. If you are not able to download an image, we will refund the credits, provided that FotoAgent determines that you have been unable to download the image successfully. If several credits are deducted from your account, due to multiple unsuccessful attempts of retrieving the file, you should email support for a full refund of the extra credits. Downloads are not refunded if more than 7 days from the download date have passed.
The trademarks, services and logos used and displayed in FotoAgent.com are registered and unregistered trademarks of FotoAgent.com its subsidiaries and affiliates. FotoAgent.com trademarks may only be used publicly with the permission of FotoAgent, Inc. with proper acknowledgement. Except as expressly granted FotoAgent, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
You agree to indemnify, defend, and hold harmless FotoAgent 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.
FotoAgent 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 FotoAgent 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 FotoAgent'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.
The Photographer acknowledges that FotoAgent 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 FotoAgent.com.
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 FotoAgent's servers. FotoAgent reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
The Photographer hereby grants FotoAgent 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 FotoAgent and its representatives the right to sublicense the Image to their customers in accordance with the terms of the FotoAgent Royalty-Free 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 FotoAgent or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer. While FotoAgent acknowledges that its policy is to provide the Photographer with certain payments whenever an Image uploaded by the Photographer is downloaded, the parties agree that FotoAgent may amend such policy from time to time, as reasonable business objectives may require.
Currently, each photographer may request to be paid for his/her balance on FotoAgent.com and FotoAgent is obligated to pay via check or similar means, once the balance has reached $100 and the photographer has submitted a payment request via website.
FotoAgent is entitled to carefully analyze all details and logs of the photographer and his/her downloads/sales on the website. If any suspicion exists, FotoAgent.com has the right to delay the payment request until all details are cleared or to refuse the payment.
The Photographer is entitled to disable file(s) from his portfolio by using the appropriate section of FotoAgent.com (Management area/Online files). Once disabled the files are to be removed from all public pages of the site in maximum 24 hours. FotoAgent is entitled to keep an offline copy of the files for several months, in order to allow previous buyers to verify the accuracy of the content or to allow the Photographer to reactivate the file(s). After this time interval expired, FotoAgent.com shall erase all files.
Should the Photographer enter an agreement with FotoAgent which provides exclusive rights to the agency or towards its customers, the Photographer bounds himself to disable the image from all other sites according to the specific terms of the agreement: assignment or the SR-EL extended license.
The Photographer agrees that neither FotoAgent.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. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image.
Notification of copyright infringement
FotoAgent 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 FotoAgent's site, send FotoAgent 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 FotoAgent site; (iv) information sufficient to permit FotoAgent 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.
Contributors' obligations - non-exclusivity and exclusivity:
FotoAgent.com allows you the opportunity to work with FotoAgent.com in one of three manners: contributors who upload images which are available for sale with other stock agencies (NON-EXCLUSIVE CONTRIBUTORS), contributors that upload images that are exclusively sold on FotoAgent.com (EXCLUSIVE IMAGES) and contributors that are solely represented by FotoAgent.com (EXCLUSIVE CONTRIBUTORS).
Contributors are required to keep at least seventy (70%) percent of their portfolio online with FotoAgent.com for a period of at least six (6) months. You may disable all files older than six months from the date of review at any time. You will be allowed to disable a total of thirty (30%) percent of your total images submitted within the past six (6) months. Images that were disabled and then enabled again will be counted as new submissions, no matter of their original upload date.
Contributors shall receive a percentage from each sale made by FotoAgent on their behalf as described in the paragraphs below. Considering the dynamic nature of the industry, FotoAgent and its distributors, affiliates, referrals etc. can represent the photographers using different marketing techniques or models (such as credit based or subscription payment plans, third party distributors etc.). The paragraphs below mention the minimum percentage that is to be awarded to the photographer from the sale price, unless otherwise mentioned.
Contributors are not allowed to download their portfolio (partly or completely) if this is performed in order to take advantage of any available discounts and bonuses provided by FotoAgent.com. Contributors who lost their own images during a hardware failure are asked to contact support in order to receive a copy of their own files.
Non-exclusive contributors: A non-exclusive contributor is an artist who uploads images which are also available for sale with other stock agencies. These contributors may upload their images to FotoAgent.com while selling the same images through other channels. Non-exclusive contributors shall receive fifty (50%) percent of the sale price received by FotoAgent.com for the images they have contributed to the site which are subsequently sold by FotoAgent.com.
Exclusive images: A contributor may work with other agencies in addition to FotoAgent.com. However, the images provided to FotoAgent.com and marked as being exclusive are sold only on FotoAgent.com. An exclusive image is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable an image as being different. Exclusive images may only be sold through FotoAgent.com and may not be offered through other channels. Contributors shall receive sixty (60%) percent of the sale price received by FotoAgent.com for the exclusive images they have contributed to the site which are subsequently sold by FotoAgent.com. A Contributor may remove the exclusivity rights to an image with thirty (30) days prior written notice to FotoAgent.com.
Exclusive contributors: An exclusive contributor is not represented by any other agency and will work solely with FotoAgent.com for selling their images. Exclusive contributors may, however, sell their other artwork on a photographer-to-client basis, under a work for hire contract, outside of this Agreement. Exclusive contributors shall receive sixty (60%) percent of the sale price received by FotoAgent.com for the exclusive images they have contributed to the site which are subsequently sold by FotoAgent.com, as well as a commission of $0.20 (twenty cents) for each submission uploaded and accepted by FotoAgent.com. FotoAgent.com is under no obligation, however, to accept an exclusive contributor’s submissions and acceptance of images is at FotoAgent.com’s sole discretion. FotoAgent.com may terminate an Exclusive Contributor’s status at any time with no advance notice; an Exclusive Contributor may terminate their status as an Exclusive Contributor with thirty (30) days prior written notice to FotoAgent.com. If an Exclusive Contributor terminates this Agreement prior to the passage of six (6) months, FotoAgent.com reserves the right to recover all commission payments made to the Exclusive Contributor prior to the termination of Exclusive Contributor status. These payments include the upload bonus received after each accepted submission and the extra percentage earned by exclusive contributors.
If a contributor breaks this Exclusivity Agreement, either for an exclusive image or as an exclusive contributor, FotoAgent.com reserves the right to invalidate and recover all earnings made by that Contributor through FotoAgent.com sales commencing with the date the exclusive image or images or portfolio were made subject to the Exclusive Agreement.
FotoAgent.com reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.