Terms and Conditions
The Terms and Conditions below apply to all Users of the Freewebphoto.com (“FWP”) Website, which includes Visitors, Photo Buyers and Contributors.
Use of the Freewebphoto.com (“FWP”) Website
By using FWP which includes browsing, buying, downloading or uploading of any material, you agree to be bound by this Agreement. If you are using this site on behalf of clients this Agreement continues to them also.
All Images available to download on FWP are owned by our Contributors (photographers, artists and designers). All Images are protected by international and local copyright laws.
If you break this agreement FWP will immediately void any licenses granted or purchased. If a license is voided, you agree to stop using this site immediately and delete all Images downloaded from FWP destroying all copies.
We make every effort to ensure that site information, contributed photographs and associated data are accurate, however there are times when mistakes may happen which we will do our best to rectify.
FWP contains Images uploaded by our Contributors, we briefly review all photographs for technical flaws and to ensure they do not violate our upload policy but we cannot guarantee that they will not be offensive; if you are offended by any images please cease to use FWP.
It will be your responsibility to ensure the purpose you choose to use any image downloaded from FWP does not infringe Copyright, Trademark or any other international or local law, if you are unsure about using an Image you should consult a legal advisor who specialises in this area.
Acknowledgements, representations and warranties
By using the FWP website, you acknowledge and agree with the following statements:
- FWP provides access to Digital Images created and uploaded by its Contributors
- Images on the FWP that are available for licensing are stored remotely as requested by the FWP Contributor
- Reviews of uploaded Images undertaken by FWP prior to making them publicly available are purely to identify any obvious technical flaws / violations of copyright / acceptable image terms.
- FWP correctly presumes that the Contributor uploading an Image is the copyright holder and therefore has all rights over that Image, unless it is immediately obvious that contents of the Image contains elements that in all probability are Copyrighted, Trademarks or intellectual property.
- If an Image Contains no obvious elements that suggest an Image may be subject to a Copyright, Trademarks or intellectual property violation, FWP can only act on the information provided by the Contributor.
- If an Image Contains Identifiable People, the Contributor has expressly stated they are in possession on a signed and accurate model release for all aforesaid People; FWP can only act on the information provided by the Contributor.
- FWP will act on properly formed complaints if a user suspects that their rights have been abused, the complaint will be passed onto the Contributor and it is the Contributors sole responsibility to bring the matter to a satisfactory conclusion.
- FWP reserves the right to remove any Contributed Images at any time without notice or explanation, regardless of whether terms or policies have been violated, however this is only likely in exceptional circumstances.
- FWP markets Image licenses on behalf of Contributors, the User purchases a Royalty Free License for an Image that must be used according to the acceptable uses, the License agreement is between the User and the Contributor. FWP collects a license fee from the User and retains a percentage of the license fee then passes the remainder to the Contributor.
- The purchase of a Royal Free License does not guarantee that the Image can be used in all of the acceptable uses stated
Users CANNOT redistribute FWP Images as part of an online resource site or by any offline means.
Images downloaded from FWP
Royalty free license
All Images downloaded from FWP, paid for or otherwise, are subject to a royalty free license.
Royalty Free means that you pay for the image only once and then you can use it as many times as you like, with only a few restrictions. The only fee you must pay is the initial license fee.
The license does not expire so you can continue to use the image even if the license is not longer available to purchase.
Once a license has been purchased FWP Images can be used in a number of ways, if the image is not the main, or significant, focus of your product or project it’s likely it will fall within our acceptable use policy.
Some examples of acceptable image uses are listed below.
- Personal use
- Book covers
- Book inner pages
- Magazine covers
- Magazine and newspaper articles
- Non permanent signage
- Educational journals
- Newsletters and brochures
- PowerPoint presentations
Some examples of unacceptable image uses are listed below.
- Redistribution of any kind
- Distributed Web Templates
- Permanent Signage
- Company Logos, Trademarks or Identities
- Greetings cards
- Canvas or similar prints
- Artistic reference
- Mugs, mouse mats, gifts etc.
- Uses that promote Offensive, Defamatory, Pornographic and Unlawful activities
- Dating agencies
If the image is the dominant feature of your produduct or project then it may be used under our royalty free extended licence.
Some examples of acceptable royalty free extended license usages are listed below.
- greetings cards
- permanent signage
- business stationary and branding
- artistic reference
- mugs, mousemats, gifts etc.
Using an Image in an unacceptable way will be a violation of copyright therefore will entitle the Contributor to pursue compensation / damages against any / all parties purchasing the licence or using the Image.
If you are unsure whether your intended use is acceptable, please contact us.
Image editing and processing
Licensed Images may be edited and processed to fit in with the theme of your project / design.
If within the final design / project a recognisable FWP Image can be identified in part or whole, then the original Image copyright will be transferred to this design and will be subject to the acceptable use policy.
We do not require our Contributors to upload model releases, if a photo contains identifiable people the Contributor is required to declare that they have a complete and accurate release for all identifiable people in the Image.
We reserve the right to do Model Release spot checks on any Image at any time. If the Image is subject to a spot check we will request a Model Release, the Contributor will be informed that a release is required and the time frame for supplying the release. If the release is not satisfactory we will take further action and ultimately reserve right to cancel the Contributor account and remove all Images for that Contributor.
Image use context
When an Image that includes identifiable people is licensed via FWP careful consideration must be given to the Image context in relation to articles/information, uses that may bring into question the Models beliefs, social standing, sexual orientation or any activity that may be detrimental to the Models status are not permitted.
Refunds must be requested within 7 days of the purchase of the license.
We will only issue refunds if you are unable to download an Image or the Image has a technical flaw that cannot be rectified.
The inability to use an Image due to the intended usage falling outside our acceptable use policy does not constitute a reason for refund.
Notification of copyright infringement
FWP may terminate the accounts of Contributors 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 FWP site, send FWP a notice containing: (i) a physical or electronic signature of the copyright owner or person authorised 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 FWP site; (iv) information sufficient to permit FWP 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 authorised by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner’s behalf.
You agree to indemnify, defend, and hold harmless FWP and its officers, employees, shareholders, directors and suppliers 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 or the inability of use of any Image, 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.
Applying for an account
Before applying for a Contributor account Users must first create a login, a valid email address and password will be required or you can create an account using your facebook login. You are entirely responsible for the security of your password and you must not allow others to access your login information.
Users must have only one Contributor account, applying for an additional account is a breach of these terms.
Before uploading any Images Users must apply for a Contributor account. The Contributor must be over 18 years of age and agree to provide all information requested, the Contributor must not falsify this information and may be required to provide evidence to support the application either at the time of joining or any time after.
To become a Contributor Users will need to prove that they are technically proficient by uploading sample photographs from their portfolio, accounts will be granted at the discretion of FWP.
FWP requires fourteen days notice for closing Contributor accounts, photos will be removed after seven days and final monies owed will be finalised after thirty days, this is to allow any pending downloads and any disputes to be resolved.
Each Contributor is entirely responsible for the Images he/she uploads. By uploading files you confirm you are the sole copyright holder for the Image and have previously obtained explicit consent from each recognisable person included in your Image. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorised person should provide explicit consent.
FWP 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 the Contributor’s sole responsibility to obtain authorisation to include those elements in the new work which is being uploaded for sale.
The Contributor acknowledges that FWP 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 FWP.
By uploading his/her Image, the Contributor is warranting that he/she owns all proprietary rights, including copyright, in and to the Image. The Contributor acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on FWP’s servers. FWP reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
The Contributor hereby grants FWP 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 FWP and its representatives the right to sublicense the Image to their customers in accordance with the terms of the FWP License Agreement, a copy of which the Contributor 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 Contributor, unless otherwise mentioned by the license Agreement. The Contributor acknowledges that no monetary or financial compensation is owing or required to be paid to the Contributor by FWP or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Contributor. While FWP acknowledges that its policy is to provide the Contributor with certain payments whenever an Image uploaded by the Contributor is downloaded, the parties agree that FWP may amend such policy from time to time, as reasonable business objectives may require.
Contributor and Affiliate Payments
Contributors and affiliates may request a payment once the balance of their account exceeds $20. Payments will only be made via PayPal to the payment email address specified in their account.
FWP reserves the right to withhold any payments if there is evidence of a breach of the terms and conditions.
You agree to indemnify, defend, and hold harmless FWP and its officers, employees, shareholders, directors and suppliers 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 or the inability of use of any Image, 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 whether consequential or otherwise.
The Contributor agrees that it is their responsibility to defend any fully qualified challenges to the copyright of images submitted.