EnglishSwedish

Terms of Service

STOCKPHOTOMEDIA Trademarks and Logotypes

The trademarks, logotypes and services used and displayed on STOCKPHOTOMEDIA are the official trademarks of STOCKPHOTOMEDIA, its subsidiaries and affiliates. STOCKPHOTOMEDIA trademarks may only be used publicly with the permission of STOCKPHOTOMEDIA after prior notification and with consent having been granted. Unless otherwise stated, STOCKPHOTOMEDIA does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

 

Unauthorised Use and Disposal

Without limitation, PHOTOS may not be used as a trademark or service mark, for any pornographic or unlawful purpose, for purposes of defamation, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person or entity. Any unauthorised use will constitute copyright infringement and shall entitle STOCKPHOTOMEDIA to exercise all rights and remedies under applicable copyright laws, including injunction to prevent any further use and the right to seek monetary damages against all users and beneficiaries of such use. The foregoing does not in any way limit STOCKPHOTOMEDIA's rights or remedies in connection with any unauthorised use.

 

Use of this Website

This Website is owned and operated by STOCKPHOTOMEDIA. All photos, images and related materials in any medium provided by STOCKPHOTOMEDIA hereunder, including related texts, captions, or information, hereinafter collectively referred to as PHOTOS, are owned by STOCKPHOTOMEDIA and by our Photo providers, members of our community.

All PHOTOS are protected by Swedish and International Copyright Laws.

Site Use Agreement

By using this site and/or downloading any material thereto, you consent to abide by the terms and conditions of this Agreement.

This Agreement applies to you, and if you are using this Website on behalf of a client, to you and all your clients. We reserve the right to make amendments to this Agreement at any time without prior notice. Your use of the site will be subject to the most current and up-to-date version posted on the site at the time of your use. By using this site or downloading, uploading or using any PHOTOS listed under the STOCKPHOTOMEDIA domain, you automatically consent to abide by the terms and conditions of this Agreement. Should you disagree with anything stated herein, please discontinue your use of the site and erase all data you have downloaded.

STOCKPHOTOMEDIA may immediately revoke all licences granted to you without prior notice if you fail to comply with any of the terms and conditions of this Agreement. If a licence is revoked, you hereby agree to stop using this site and the PHOTOS, delete all PHOTOS and all copies from all media and destroy all other copies with immediate effect. Your use of this site and any PHOTOS shall comply with all applicable laws. STOCKPHOTOMEDIA may restrict or deny you access to this site at any time, or restrict or remove the use of any PHOTOS for any reason, and may replace the PHOTOS with other PHOTOS, and you hereby agree to discontinue all use of the PHOTOS upon notification from STOCKPHOTOMEDIA immediately.

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 PHOTOS 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 might display results containing material 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 PHOTOS requires the consent of a third party or the licence of additional rights, and you should not rely solely on the information provided by STOCKPHOTOMEDIA or its members. If you are unsure whether additional Third Party Rights are needed for your use, you are responsible for seeking advice from competent rights management professionals or legal counsel.

STOCKPHOTOMEDIA and PHOTOGRAPHERS make reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the Swedish 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 to the content of all shots, we do our best to identify and solve any copyright or trademark infringements.
If you have located a file that represents such an infringement, please notify us so that we can take the appropriate measures.

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

 

Use of Watermarked PHOTOS

PHOTOS include, without restrictions, all digital PHOTOS and any related textual information (including captions and credits). PHOTOS include visibly or electronically watermarked and reduced resolution PHOTOS (Non-Watermarked or Watermarked PHOTOS) or higher resolution non-watermarked PHOTOS (Non-Watermarked PHOTOS).
Conditional to your compliance with this Agreement, STOCKPHOTOMEDIA grants you a limited licence to download Watermarked PHOTOS solely for evaluating whether you wish to purchase a licence to the Non-Watermarked PHOTOS according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked PHOTO 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, amend or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any PHOTOS. Except for this limited, internal testing and sample use, STOCKPHOTOMEDIA grants you no other rights and you may not distribute, sub-license or make available for use or distribution any Watermarked PHOTOS.

 

Use of Non-Watermarked PHOTOS and Restrictions

The Non-Watermarked, high-resolution images that you download may be used to make fine art prints, on a web site, in a magazine, book or booklet, flyer or any other advertising and promotional material, in either printed or electronic media, in film and video presentations, commercials, as long as the item in which the image appears does not infringe on any of the restrictions below. The list is not complete and should you be uncertain regarding the use of the images in an appropriate and correct manner, please e-mail our support desk using the support@stockphotomedia.com
Web templates, greeting cards or postcards designed for sale, t-shirts, Screen savers, mugs, mouse pads or any other items incorporating the image in an essential manner, intended to be sold or distributed to more than one client, are considered redistribution. The use of STOCKPHOTOMEDIA PHOTOS for these purposes is strictly prohibited. It is also forbidden to make the PHOTO available on a website for download, 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 may not use any PHOTO at a width exceeding 800 pixels.

If you use the PHOTOS for printed materials, the number of copies may not exceed 500,000. You may modify the PHOTOS in any way required for reproduction or include them in your own personal creations.

None of our PHOTOS may be resold or redistributed by any means or made available for redistribution or resale by a third party without prior consent having been sought and granted.

Buying the high-resolution PHOTO (purchasing the licence) does not transfer the copyright. You may not claim that the PHOTO is your own and you may not sell, license for use, or in any way distribute the PHOTO for reuse. We recommend that you refer to and give credit to the agency and the photographer when using a PHOTO. By this you enhance the profile of the community at STOCKPHOTOMEDIA of which you are an integral part, and help advance your position as part of the community, which, by expansion gains quantity and quality.
Please note that some PHOTOS may require you to credit the authors (i.e. some architectural shots). If the description of the PHOTO specifies that you must display a copyright line, then you may only use that PHOTO if you can provide such credit

Children (persons under the age of 18)

Children are not eligible to use this site unsupervised and are specifically asked not to register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you hereby agree that you are 18 years of age or older.

 

Sensitive Materials

Any licence granted by STOCKPHOTOMEDIA shall not constitute a representation that PHOTOS are compatible for use with any other material. You are solely responsible for the use of any PHOTOS in combination with any other materials, and you agree not to use PHOTOS with sensitive topics without STOCKPHOTOMEDIA's prior written consent. You must contact STOCKPHOTOMEDIA for additional information prior to any use of PHOTOS with any sensitive topic.
Each photographer who contributes to our site and community is solely and entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the PHOTO and to have previously obtained a Model Release from each identifiable human face included in your picture. This includes children, the deceased or their representatives, people of other languages and origins and cases in which a parent, guardian or other authorised individual or entity should read, consent to and sign the Model Release.
STOCKPHOTOMEDIA will not be held responsible for any of the materials you upload on the site.

 

Model and Property Releases

The rights STOCKPHOTOMEDIA grants you do not include a licence to any person, place, property, or subject matter depicted in PHOTOS, which may be subject to copyright, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. STOCKPHOTOMEDIA makes no representations or offers any guarantees that it owns or licenses any rights nor does STOCKPHOTOMEDIA grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any PHOTO. Furthermore, STOCKPHOTOMEDIA makes no representation or offers and guarantee as to the accuracy of any information provided with the PHOTOS. You are solely responsible for determining whether your use of any PHOTOS requires the prior consent of any third party or the licence of any additional rights, and you should not rely solely on the information provided by STOCKPHOTOMEDIA. If you are unsure whether additional rights are needed for your use, you are responsible for seeking competent legal counsel.
In addition, a Model Release document should be uploaded by photographers, members of STOCKPHOTOMEDIA's community, confirming that the individuals included in their PHOTOS have signed a written agreement. By uploading this document, the photographers certify that the information contained within is complete and accurate.

If a PHOTO has been designated as Model-released, it means that any and all individuals included in the PHOTOS have signed a release permitting reproduction of the PHOTO, subject to the restrictions stated in this Agreement, including, without limitation, sensitive subject uses. If STOCKPHOTOMEDIA erroneously advises you that a PHOTO is Model-released when it is not, STOCKPHOTOMEDIA's liability shall be limited to the amount you paid STOCKPHOTOMEDIA for the use of the said PHOTO. If a PHOTO 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. Any licence granted by STOCKPHOTOMEDIA is conditional on your obtaining all necessary Third Party Rights, releases and permissions. Furthermore, you hereby agree to provide STOCKPHOTOMEDIA with proof of such releases and permissions upon request.

 

Images for editorial purposes only

Some of the images available at Stockphotomedia may contain recognisable features such as a face/individual/ trademark/building/landmark/logotype/artwork, etc or a combination of these and may still be available for sale, without the relevant property or model release. The use of these images is restricted to editorial purposes and they are marketed with an attachment that clearly states:
“Editorial purposes only”

Images that come under this category may only be used by legitimate and recognized mass media, presumed to be unbiased and intended for wide, anonymous audiences.

"Anonymous" is defined as being easily available to anyone in the coverage area.

The word "Wide" is somewhat vague, but usually refers to a minimum of about 2,000 readers or viewers. The medium may carry advertising.

Generally accepted “Editorial Purposes” include the following:

• Newspaper Articles and Feature Stories directly linked to the use of the images.
• Magazine Articles and Feature Stories directly linked to the use of the images.
• Internet (Online) Articles and Feature Stories directly linked to the use of the images.
• Books on the topic.

If you are in any way uncertain of whether or not the purpose is editorial, please contact us via e-mail on info@stockphotomedia.com and ask for advice.

 

Registering for a STOCKPHOTOMEDIA Account

To gain access to our PHOTOS as well as upload any images, you need to apply for a STOCKPHOTOMEDIA account and hereby agree to provide complete, true and accurate information. STOCKPHOTOMEDIA reserves sole discretion over whether to grant you an account, and you agree to access the authorised sections of the Website and your account only by using the account number and password as provided by STOCKPHOTOMEDIA. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you may not in any way distribute this access data or allow others to use this data to gain access to this site. You agree to take reasonable and appropriate steps to prevent others from gaining access to your data and to notify STOCKPHOTOMEDIA of any unauthorised access or the need to update or deny access to any of your employees or clients. You shall be liable for payment for all PHOTOS downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify STOCKPHOTOMEDIA of any such unauthorised use. You hereby agree that you shall not acquire any rights of use, ownership or other such as a result of using any STOCKPHOTOMEDIA account or web site or related services.

Note that photographers who have uploaded photos commit themselves to leave the content on stockphotomedia.com for at least 6 months. This is regardless if the photographer wants to delete his/hers account.

Notification of Copyright Infringement

STOCKPHOTOMEDIA reserves the right to 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 has occurred on STOCKPHOTOMEDIA's site, please submit to STOCKPHOTOMEDIA a notice containing a physical or electronic signature of the copyright owner or person authorised to act on behalf of the copyright owner along with a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is being infringed with a description of where the material that you claim is being infringed is located on the STOCKPHOTOMEDIA site and information sufficient to permit STOCKPHOTOMEDIA to contact you, such as your physical address, telephone number, and email address. This must be accompanied by a statement that you believe in good faith that the use of the material you identified has not been authorised by the copyright owner, its agent, or the law, together with 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 behalf of the copyright owner.

 

Copyright

The Photographer acknowledges that STOCKPHOTOMEDIA prohibits any PHOTOS or any other material that infringe 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 STOCKPHOTOMEDIA.

By uploading his/her PHOTOS, the Photographer thereby guarantees that he/she owns all proprietary rights, including copyright, in and to the PHOTO. The Photographer hereby grants STOCKPHOTOMEDIA a non-exclusive licence to post the PHOTOS on its Website, located at STOCKPHOTOMEDIA, and further grants STOCKPHOTOMEDIA the right to sub-license the PHOTOS to members of STOCKPHOTOMEDIA in accordance with the terms and conditions of the STOCKPHOTOMEDIA Agreement, a copy of which the Photographer acknowledges having received, read and agreed to.

The Parties hereby agree that any and all rights, including title and copyright, in and to the uploaded PHOTOS, shall be retained by the Photographer and that no title or copyright is being or has been transferred or granted in any way to STOCKPHOTOMEDIA or any third party. The Photographer acknowledges that no monetary or financial compensation is owed or required to be paid to the Photographer by STOCKPHOTOMEDIA or any of its directors, representatives, employees, partners, agents or members for the rights granted herein by the Photographer. While STOCKPHOTOMEDIA acknowledges that its policy is to provide the Photographer with certain payments whenever PHOTOS uploaded by the Photographer are downloaded, the parties do hereby agree that STOCKPHOTOMEDIA may amend such policy from time to time, as reasonable business objectives may require.
At present, each Photographer may request to be paid for his/her balance on STOCKPHOTOMEDIA and STOCKPHOTOMEDIA is obligated to pay via PayPal och Moneybookers or similar transactions, every 3 months or once the balance is in excess of 60EUR and the Photographer has submitted a payment request via the Website or e-mail.

STOCKPHOTOMEDIA is entitled to carefully analyse all the Photographer’s details and logs as well as his/her downloads/sales on the Website. In the event of any doubt on the part of STOCKPHOTOMEDIA, STOCKPHOTOMEDIA has the right to delay such request for payment until all details have been satisfactorily dealt with.

The Photographer agrees that neither STOCKPHOTOMEDIA nor any of its directors, representatives, 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 PHOTOS. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the PHOTOS.

Member may not upload content to which they do not own the copyrights.

Free images section:

Any photographer may submit images to be used in our free images section and all such images are covered by our regular Royalty Free Licence. The photographer submitting an image is responsible for that image and thereby grants his/her consent for STOCKPHOTOMEDIA to make the image available free of charge to its registered customers. During the period an image is available, STOCKPHOTOMEDIA will not charge customers any fees for downloading such files and no earnings will be accrued to the account of the photographer donating the image.
All images submitted will be processed and the decision will be made by the administrative department at STOCKPHOTOMEDIA, which reserves the right to select only those images it considers suitable. The photographer submitting images may not disable a file in the free images section, without first having received written consent from STOCKPHOTOMEDIA.

Royalty Free Stock Photography

Royalty Free implies that you pay for the image only once after which you may use it as often as you wish, with a few restrictions. In other words, apart from the initial fee there are no additional licence fees or other royalties to be paid.
Note that the maximum number of copies for printed materials is 500,000 copies. Copies in excess of this incur additional royalties of EUR 0.01 per copy.
The royalty free licence is granted solely for the high-resolution, non-watermarked PHOTOS, those bought using the download. All the other versions, the small watermarked and non-watermarked thumbnails that are visible on the public site, are entirely copyrighted.

This is a one-person licence and is given to you as a designer, your employer (client) or any persons employed by you.

 

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 remove all PHOTOS used in different designs immediately, and that you are able to give a valid reason for your request.

If you have downloaded an image that is not usable or of poor quality, please contact us for a refund of all of your expenses used for downloading that image. If you are not able to download an image, we will refund the cost provided that STOCKPHOTOMEDIA determines that you have been unable to download the image successfully. If several expenses are accrued to your account, due to multiple unsuccessful attempts to retrieve a file, you should e-mail our support desk for a full refund of your outlays.

 

Photographer’s Copyright Release Form

I hereby authorise STOCKPHOTOMEDIA to publish, distribute, and sell all photographs that I submit to them in their Website assignments on www.STOCKPHOTOMEDIA.com/Fotomedia.se

I understand that by submitting PHOTOS to STOCKPHOTOMEDIA, I authorise STOCKPHOTOMEDIA to duplicate, print, distribute or resell any and all submitted PHOTOS, for sale to the public or for commercial applications. I also understand that any PHOTO that includes a recognisable person or property requires written consent from that person or owner prior to submission and that I should attach a signed Model Release document or a Property Release document duly signed for STOCKPHOTOMEDIA. I am fully aware and understand that STOCKPHOTOMEDIA will not be held liable for any copyright infringements on any photographs submitted by myself. By submitting my photographs to STOCKPHOTOMEDIA for publication on their Website galleries for sale, I hereby grant STOCKPHOTOMEDIA the right to license any content until such time as I notify them of my intention to remove the said PHOTO(S). PHOTOS that have been submitted, reviewed, approved and published on STOCKPHOTOMEDIA’s Website galleries may not however be removed for a period of 180 days after first being posted.


I understand that the buyers of any licences sold by STOCKPHOTOMEDIA for my PHOTOS, will remain anonymous to me. In this event, I agree not to make any contact with any buyers of my PHOTOS, unless they are in obvious undisputable breach of the licensing terms of the licence issued by STOCKPHOTOMEDIA. In such an event, I am entitled to take any action against the buyers for being in breach of the licensing Agreement and hereby agree to notify STOCKPHOTOMEDIA in writing of my intentions. Furthermore, I agree to indemnify and hold harmless STOCKPHOTOMEDIA, its owners, directors, representatives, employees and associates of any and all such actions.

I acknowledge that in exchange of this Copyright Release, STOCKPHOTOMEDIA is obligated to credit your account with 35% to 55% of the fee Whenever a user downloads and pays for one of the PHOTOS you have uploaded to stockphotomedia, I understand that STOCKPHOTOMEDIA reserves the right to refuse any of my PHOTOS in which case I retain all copyrights, without any further obligations.
I acknowledge STOCKPHOTOMEDIA has the right to remove from the STOCKPHOTOMEDIA Website any photograph at any time. STOCKPHOTOMEDIA is not required to provide the photographer with the reasons for the removal unless the photographer specifically requests such reason.

In addition to the terms stated above, I hereby confirm to STOCKPHOTOMEDIA that the photos submitted are my own personal property.
I will honour totally all licences sold by STOCKPHOTOMEDIA, within the terms of those licences. I agree to abide by all the terms and conditions as stated within this document including those applicable to copyrights and or my release of copyrights. This Agreement constitutes the basis of this copyright release.

 

Indemnification

You agree to indemnify, defend, and hold harmless STOCKPHOTOMEDIA against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of the terms and conditions as stipulated in this Agreement, the use of this site and the use of any PHOTOS either alone or in combination with any other material, your failure to abide by any restrictions regarding the use of PHOTOS, or any claim by a third party related to the use of PHOTOS, alone or in combination with any other material.

 

Disclaimer

STOCKPHOTOMEDIA allows you access to its site and PHOTOS on an as is basis. We offer no guarantee, explicit or implied, regarding any images, the site, the accuracy of any information therein, or any rights or licences under this Agreement including, without limitation, any implied guarantees of merchantability or fitness for a particular purpose, or non-infringement, or that the site or any services will be uninterrupted or free from errors or defects.

Notwithstanding any liability which cannot by law be excluded or limited, neither STOCKPHOTOMEDIA 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 PHOTOS, whether framed as a breach of guarantee of merchantability or fitness for a particular purpose or non-infringement, upon any legal theory, in tort, contract, failure of essential purpose or otherwise. In no event shall STOCKPHOTOMEDIA’S or its affiliates' liability for your use of any PHOTO provided hereunder exceed the greater of the amount invoiced and paid by you for the use of said PHOTO.

Waiver Clause

No action on the part of STOCKPHOTOMEDIA, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Use Agreement. Should any clause of this Agreement be found unenforceable, wherever and to the extent possible, this will not affect any other clauses and each will remain separately and individually in full force and effective.

2008-05-20