Terms of use

Last updated 17 April 2007

Please read the following Terms of Use carefully. By downloading or uploading an image from Photogen.com a user automatically agrees to be bound by the terms of this agreement, without any other conditions or declarations.

If you do not agree with these Terms of Use, please do not use the website.

Downloading a photograph

The rights to use a photograph are granted directly by the photographer to the downloader. By downloading a photo, a User agrees to be bound by the photographer’s offer for the granting of the following Terms of Use:

Upon uploading a photo to Photogen.com, the photographer offers all other Users non-exclusive rights to download the photograph, as follows.

A User MAY use the photograph:

• In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.
• In an Editorial context, i.e. using the photograph using the photograph to explain, illustrate, comment on or graphically design the text within text-based publications
• In digital format on websites, multimedia presentations, broadcast film and video, cell phones.
• Along with your corporate identity on stationery, business cards, letterhead, etc.
• To decorate your home, office or any public place.

You are permitted to make whatever modifications necessary to our images to make them fit your requirements. However, they will still be subject to this license regardless of the extent of the modification. The work created with the photo must be used either by yourself or by your client. A User must do their best to prevent third parties from duplicating the photo.

A User MAY NOT use a photograph:

• For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, societies, cultures.
• To endorse products and services if it depicts a person.
• In a way that can give a bad name to Photogen or the person(s) depicted on the Image.
• As part of a trademark, service mark or logo.
• In website templates that You intend to sell or distribute.
  For creating printed reproductions that You intend to sell.
• On 'print on demand' items such as t-shirts, postcards, mouse pads, mugs (e.g. on sites like Cafepress), or on any similar mass-produced item that would contain the Image in a dominant way.
• Selling and redistribution of the image (individually or along with other images) is strictly forbidden.
• Do not pass the photo on to a third party.

Unauthorised distribution

• You may not place any of our images, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale in a fashion that would violate this license.

A User agrees to only use the photos as expressly permitted in these Terms of Use, and in accordance with applicable laws, rules and regulations. Other than the rights expressed in these Terms of Use, a User has no other rights of any kind with respect to the photos. Downloading a photo does not transfer the ownership of the photo to the downloader and you must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the Image to anyone else.

Uploading photographs

Before uploading, please read the Upload rules. Photos must meet the quality standards laid out in the Upload Rules, or they will not be approved for inclusion in the site. We reserve the right to remove any photo at any time, if it does not meet the standards laid out in the Upload Rules.

A User is fully responsible for the images they upload. A user who downloads an image agrees to bound by these Terms of Use, these rights are granted directly by the photographer to the downloader.

Upon uploading, a user must confirm that they are the copyright holder for the image: that they have the rights to upload the image and allow other users to download the photo for uses set out in these Terms of Use. Copyright infringements, such as uploading images from another stock photography website, will result in the immediate termination of your account. Photogen.com will not be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its system.

You should have available a valid, signed Model Release form for any images showing identifiable persons.

Photogen.com reserves the right to remove any User’s photographs and contributions from the Website.

Photogen.com reserves the right to use your photos for promotional purposes for the Website.

By uploading a photo a User grants Photogen.com non-exclusive rights to place the photo on the Website and to distribute the photo for FREE to other Users. Photogen.com will not distribute these photos through any medium other than the website and will not sell these photos.

Users may not under any circumstances demand money from Photogen.com for the use of their photos.

User’s liability

A User who uploads an image is solely responsible for their own contributions, the content of their User Profile and the granting of all rights of use.

Privacy policy

Photogen.com collects some information about its users for statistical and contact purposes. Photogen.com holds your data confidentially, it will not be sold to any third parties and it will not be seen by the public. Your profile page will only show your Username, Public Profile, Camera and website, no other data is visible to other Users.

Indemnification

You agree to indemnify, defend, and hold harmless Photogen.com 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.

Warranty and Liability

THE WEBSITE AND THE IMAGES ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, 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. PHOTOGEN.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

PHOTOGEN.COM SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.

These Terms of Use may be revised or updated without notice. You are advised to review them regularly.