Terms


General Terms and Conditions - Version: Sep 7th, 2019

Please carefully read through these General Terms and Conditions regarding the licensing and delivery of images before using this website, uploading or ordering image licenses. You must agree with the General Terms and Conditions in order to purchase or sell image licenses.

General

The website www.PhotoTrade.co.uk and its services are a product of the company PhotoTrade. PhotoTrade (»PhotoTrade«) operates a plattform for online sales of royalty-free image licenses for digital images.

The General Terms and Conditions are valid for all use of the PhotoTrade site; in particular, customers and photographers are considered to be in agreement with the General Terms and Conditions upon registering. The General Terms and Conditions are valid within the scope of an ongoing business relationship as well as for all future product offers, services, orders, contract completions and deliveries, even if not explicitly mentioned. They are also valid when access to or use of services occurs outside of United Kingdom. An agency agreement between photographers and PhotoTrade shall be valid in addition to these General Terms and Conditions.

All offerings, shipments, and granting of license rights are without engagement only and do not exclusively apply to the following General Business Terms and Conditions.

Any conditions deviating from these terms must be agreed on in writing; opposing terms and conditions from contractual partners shall only apply with explicit written approval from PhotoTrade.

Subject matter of the contract

Within the meaning of these General Terms and Conditions, PhotoTrade is offering royalty-free licences for images; however, the property rights of the images are not sold.

Royalty-free images are copyrighted images offered by the originator (photographer) for sublicensing by PhotoTrade according to Point 4 of these General Terms and Conditions.

Services

PhotoTrade allows customers free access to the online database www.PhotoTrade.co.uk. Customers may use the database to search online for photos stored there and transfer them as preview images or licensed high-resolution images.

Prior to conclusion of the first contract, the customer must register with PhotoTrade. In doing so, he receives a user name and password, which are treated as confidential. Transfer to third parties is not permitted. If access data is abused at the fault of the customer, they are responsible for the resulting damages.

Conclusion of the contract takes place strictly via the Internet. In order for the contract to be concluded, the customer confirms a second time while placing the order that he understand and accepts these General Terms and Conditions. Only then shall the order and payment procedures be successfully concluded and the customer granted access to download the respective images. The images will remain in the customer's personal account and available for download for a maximum of six months after purchase.

Neither photographers nor customers shall hold claim to constant accessibility to the PhotoTrade database. PhotoTrade may at anytime temporarily or permanently shut down the server as well as change, delete or add to the contents stored there.

Any kind of automated access to PhotoTrade images or the database using external scripts, download managers or other comparable functions/tools outside of the prescribed ordering process is prohibited and subject to criminal prosecution. The customer is subject to a penalty of up to GBP 5,000 for every infringement or attempted infringement.

Licenses

Image offered on www.PhotoTrade.co.uk are provided for sale by multiple photographers and artists. The images are subject to copyright protection. Ownership rights and copyrights are non-transferable even with compensation for damages and/or other charges and fees.

Phototrade offers 2 types of items: Free and Paid, with or withouth attribution.

If Attribution is required:

- For web usage: By placing a link with the text "designed by {Author's Name} from PhotoTrade.co.uk" in a visible spot, so the author's authorship is noticeable

- Uses different to web: If possible, the text "designed by {Author's Name} from Phototrade.co.uk" must be written next to PhotoTrade Contents, if it's not possible, the attribution must be placed in the creditsor acknowledgements section.

Free images can be used in 4 forms:

- Free for Commercial use - Advertising and promotional projects, including printed materials, like brochures, advertisements, posters, displays, for product packaging, film and video presentations, commercials as well as for the manufacturing and non-commercial (free of charge) distribution of promotional products such as greeting cards, postcards, calendars, cups or posters (ie. not for resale or license)

- Free for Personal use - Items can't be used for any commercial purpose. Its OK to use it for your own amusement. However, you can't use those items for making money and you cannot redistribute or sell someone else's Phototrade images or videos on other stock or wallpaper platforms. Don't sell unaltered copies of an image. e.g. sell an exact copy of a stock photo as a poster, print or on a physical product. Don't portray identifiable people in a bad light or in a way that is offensive. Don't use images with identifiable brands to create a misleading association with a product or service.

- Editorial use only - The image is only approved for editorial purposes (press articles, reporting, teaching materials).

- Use only on websites - See Free for Personal Use

When the image is for sale on PhotoTrade it under the Standard license rights.

Standard license

The standard license allows the non-exclusive, worldwide, non-transferable and non-sub-licensable right to use of the images for the Permitted Uses (as defined below). All other rights in and to the images including, without limitation, all copyright and other intellectual property rights relating to the images, are retained by PhotoTrade or the respective photographers.

Permitted Standard License uses:

Online or electronic publications, such as internet, intranet, CDs, newsletter, online- and multimedia presentations, online advertising, banner, pdf-documents, illustration of mobile applications.

The use of images on social media platforms, such as Facebook or Google Plus which reserves unlimited rights of use for these images by uploading these images is possible as follows: The image is integrated into a composition or layout and an image of the final product is uploaded or a clearly visible watermark or copyright notice is graphically affixed. Uploading original image data on these platforms is not permitted.

Advertising and promotional projects, including printed materials, like brochures, advertisements, posters, displays, for product packaging, film and video presentations, commercials as well as for the manufacturing and non-commercial (free of charge) distribution of promotional products such as greeting cards, postcards, calendars, cups or posters (ie. not for resale or license).

Editorial publications, such as newspapers, magazines, press articles, books, textbooks, cd and book covers, school books and for tv, fim and video.

Any other uses approved in writing by PhotoTrade.

The standard licenses do not allow the use of images for the manufacture and duplication of goods of any kind that are intended for resale or for use in connection with the distribution of press releases.

Duration of usage rights

The right of the customer to use the image is for an unlimited period of time.

Non-exclusiveness

The customer does not purchase exclusive usage rights, i.e. an unlimited number of users have the right to purchase usage rights for an image.

Transfer

The usage rights for an image may only be resold or transferred to a single third party to a limited extent provided the transfer occurs within the scope of fulfillment of a customer project, for example, in an advertising agency. Repeated use in projects conducted by different customers is not permitted. In this case, for each customer must be purchased an additional license. This is also valid for modified images or copies.

Image editing

The customer is allowed to reproduce, modify and edit the images for his own purposes as long as it can be assumed that the changes will not entail any disadvantages for the author, the model shown or for other third parties, as for example interference with the authors´ personal rights, damage to reputation, infringement of proprietary rights. The images may not be distorted by editing them.

Use of layout images

Preview images do not include any further usage rights. Exempt from this is use in designs with regard to the purchase of an image. You may use layout images for design purposes, sample layouts and presentations free of charge. Free layout images may not be used in end products - neither for internal nor external purposes.

Layout images may not be used on any other website, on a server with free Internet connection, on an Intranet of a company, on a CD, on a DVD or on any other comparable storage medium. A penalty of up to EUR 5,000 is to be paid for every infringement, regardless of any other possible damage claims.

At the request of PhotoTrade, the customer must prove the proper use of purchased images (for example, voucher copies, screen shots). Any unauthorized use or transfer of images is liable for damages.

Usage restrictions

The customer is prohibited from assigning, selling, ceding or transferring any rights granted to it under this agreement by sublicense.

Uses that could lead to the disparage of the persons illustrated as well as use in pornographic, defamatory, slanderous, racist, criminal, unlawful or other offensive contexts are prohibited and make the customer liable for damages. The use of images many not infringe upon third party rights, i.e. natural or legal persons.

The online provision of the images s in a downloadable format or distribution of the is not permitted.

The images or portions of the image may not be used in a logo or as trademarks or service marks.

Deposits

To buy an image you will have to have money on your account made via a deposit payable by Paypal/Stripe. The minimum deposit is £5 and maxiimum of £100.

The handling fee charged by Paypal/Stripe and it will be added to your total deposit.

Withdraws

As user you will be able to upload and sell images on our platform, if you made a sale the money provenient of the sale it will be kept in your account until you reach a minimum of £25 and whe reached that amount, you will have to request the money to be paid via Withdraw Balance option on the menu. The amount it will be paid via your Paypal account and the normal processing time for the payment is 7 working days.

License fee

The license prices and administration fees published on www.PhotoTrade.co.uk are valid. Prices are always understood as net prices. In UK any applicable value-added tax will be added.

Usage rights begin with the transfer of the high-resolution data of the image material. This is subject to the condition precedent of payment of the license fee.

The license fee is due for payment immediately upon conclusion of the ordering process and the amount it will be deduct from your deposit account.

If the intended publication or other use of the image material does not occur by way of the customer, PhotoTrade is not obligated to take back said image material.

In the case of a returned debit, PhotoTrade bills the customer for the resulting costs in the amount of GBP 10.00 provided the customer is responsible for the cause of the returned debit.

When a deposit is made customer information is transferred using secure SSL encryption typical of banking institutes. The transaction occurs directly via an online payment provider. Your credit/debit card will be billed upon ordering and will appear on your statement as »PhotoTrade«. We recommend you print a copy of your transaction information.

Damages and limitations of liability

The customer is obliged to release and indemnify PhotoTrade from all damages and liability claims by third parties arising from use of the image material that does not comply with the above-mentioned provisions.

PhotoTrade shall not be liable for any approvals required for the use of images provisioned by photographers. This is particularly valid for images of persons, artistic works or architecture as well as any other images, which refer to the names, companies, brands, registered design patents or other trade mark rights of third parties. The customer bears the sole responsibility for obtaining the required permits for the relevant use of the image material.

PhotoTrade assumes no liability for the availability of the online system and the content it contains. Furthermore, PhotoTrade is neither liable for any technical problems outside its sphere of responsibility nor damages caused by force majeure.

Copyright

The image database available at www.PhotoTrade.co.uk is subject to copyright protection as a whole. The content of the site on display and/or for sale including all images and text is either the property of PhotoTrade or its photographers.

The website as a whole or its individual components may not be copied, stored, distributed, transmitted, transferred or utilized in any other manner without express permission. Violations against the conditions will result in the obligation to pay damages to PhotoTrade or its photographers for any resulting losses, damages and costs.

Complaints

Complaints regarding the content of electronic transmissions may only be recognized if they are made in writing immediately after download unless it concerns a latent defect that was unrecognizable upon review of the image after download. Then the legal right of return for consumers is valid with a return period of four weeks; the return period for contractors in the sense of the commercial code is seven days.

Duration and cancellation

The customer is granted the royalty free licence indefinitely but not exclusively.

PhotoTrade is entitled at any time to cancel the license to use the images on substantial grounds. An important reason exists in particular if the customer violates the license conditions defined in Section License or fails to fulfill his obligation to pay the license fee despite a warning and granting of a respite. In this case, the customer is obliged to immediately discontinue use of the image material and completely delete the digital image material supplied to him. In the case of infringement, the photographer and PhotoTrade reserve all legal measures.

Privacy Policy

For all information regarding the processing of user data, PhotoTrade refers to its privacy statement at http://phototrade.co.uk/page/privacy

Security

Customer and payment information is treated with utmost confidentiality. When a purchase is made customer information is transferred using secure SSL encryption typical of banking institutes. A potential transaction occurs directly via an online payment provider.

Applicable law, place of fulfillment and place of jurisdiction

Place of fulfillment and place of jurisdiction is London. It is agreed that English law is applicable for all legal relationships between PhotoTrade and customers or photographers, especially in regard to the granting of usage rights abroad or from abroad.

Severability Clause

The invalidity or ineffectiveness of individual terms of the General Terms and Conditions does not affect the effectiveness of the other terms. The ineffective condition is to be replaced with an effective condition that most closely serves the economic interests of the contract parties