Famebank Photostock T and C's
Famebank Photostock 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 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 Famebank Photostock 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. Where Famebank has provided you with a translation of the English language version of the page or site's functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Famebank If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.
Use of this site
This site is owned and operated by Famebank All images and related informational materials in any medium provided by Famebank hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Famebank 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). Famebank allows you to search for, view, and use Watermarked Images only as permitted below. If you have registered for a Famebank account and Famebank has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. Famebank 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 Famebank All rights not specifically granted under this Agreement are reserved to Famebank 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.
Famebank 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. Famebank 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 Famebank
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 Famebank 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 advisors.
Famebank makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the UK 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 and Famebank Photostock
Children (persons under the age of 13) 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, Famebank 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, Famebank grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.
Registering For A Famebank Account
To obtain access to our images as well as upload any images, you have to apply for a Famebank account and profile and you agree to provide complete, true and accurate information. Famebank 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 user name and password supplied to you by Famebank Our privacy policy can be reviewed at the privacy policy link.
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 Famebank 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 Famebank of any unauthorized use. You agree that you shall not acquire any rights of use, ownership as a result of using any Famebank account or web site or related services.
At anytime, you may request your account access to be restricted, but Famebank 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 Famebank admin staff, for legal purposes.
After acquiring an account 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. If the image is to be used by more employees, then an Unlimited Extended License (U-EL) 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 Famebank'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 100,000 copies.
The Royalty-Free license is granted ONLY for the non-watermarked image you buy using the Download(Buy Now) button; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.
The free files downloaded from the Free Photos section may be used in commercial projects under our limited Royalty Free (RF-LL) license and according to our terms and conditions. This is a one-person license and is given to you as a designer, your employer (client) or any employed persons.
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 help 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 Famebank Photostock 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 100,000. 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 Famebank.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.
Editorial 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. Sensitive usage restrictions also apply.
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 Famebank 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 Famebank 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.
Printed Merchandise
In addition to variously licensed images, you may also purchase through this site printed products that may or may not display images licensed under Royalty Free license including, but not limited to tshirts, caps, bags, posters or canvases. You may purchase such printed products by different means like credit card, Paypal or using your earnings on Famebank Any printed products that you purchase through this site may be not be resold/distributed.
All printed products available to purchase on this site are of excellent, merchantable quality and will be delivered, upon your order via commercially reasonable means within a reasonable period of time. If the product you purchased is damaged or defective and you wish to return it, you have eight (8) days in which to return the product to us in the condition in which you first received it, along with an indication of how the product is damaged or defective. For any returned purchases, we will credit your account. Only damaged or defective products may be returned.
Unauthorized Use
Without limitation, Images may not be used as a trademark or service mark , 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 Famebank 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 Famebank's rights or remedies in connection with any unauthorized use.
Sensitive Subjects
Any license granted by Famebank 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 Famebank'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 Famebank 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.
Famebank will not be held responsible for any of the materials you upload to the site.
Model and Property Releases/Clearances
The rights Famebank 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. Famebank makes no representations or warranties that it owns or licenses any rights nor does Famebank 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, Famebank 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 Famebank 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 Famebank'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 Famebank erroneously advises you that an Image is model-released when it is not, Famebank's liability shall be limited to the amount you paid Famebank 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 Famebank is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Famebank with proof of such releases and permissions upon request.
Refund Policy
You may ask for a refund of your purchase within 30 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 Famebank username.
If you have downloaded an image that has technical flaws please contact us for a refund for downloading the image. If you are not able to download an image, we will refund the cost, provided that Famebank determines that you have been unable to download the image successfully. Downloads are not refunded if more than 7 days from the download date have passed.
Famebank Trademarks
The trademarks, services and logos used and displayed in Famebank Photostock are registered and unregistered trademarks of Famebank Photostock its subsidiaries and affiliates. Famebank Photostock trademarks may only be used publicly with the permission of Famebank, Limited. with proper acknowledgement. Except as expressly granted Famebank, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
Indemnification
You agree to indemnify, defend, and hold harmless Famebank 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
FAMEBANK 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 FAMEBANK 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 FAMEBANK'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.
Copyright
The Photographer acknowledges that Famebank 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 Famebank.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 Famebank's servers. Famebank reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
The Photographer hereby grants Famebank 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 Famebank and its representatives the right to sublicense the Image to their customers in accordance with the terms of the Famebank 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 Famebank or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer. While Famebank 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 Famebank 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 Famebank Photostock and Famebank is obligated to pay via cheque or similar means, once the balance has reached £100 and the photographer has submitted a payment request via website.
Famebank is entitled to carefully analyze all details and logs of the photographer and his/her downloads/sales on the website. If any suspicion exists, Famebank Photostock 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 Famebank Photostock (Management area/Online files), Read the Contributors' Exclusivity and Non-Exclusivity Terms for specific details regarding the contributors' obligations. Once disabled the files are to be removed from all public pages of the site in maximum 24 hours. Famebank 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, Famebank Photostock shall erase all files.
Should the Photographer enter an agreement with Famebank 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.
The Photographer agrees that neither Famebank Photostock 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
Famebank 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 Famebank's site, send Famebank 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 Famebank site; (iv) information sufficient to permit Famebank 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.
Famebank Limited
The Techno Centre
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01926 485168