Terms of Use

Last updated 26th of January 2010

Use of ImageFree ("we" or "our") indicates that you accept these Terms of Use ("terms").

The terms laid forth constitute a legal agreement between you and ImageFree. Please read this agreement ("agreement") in its entirety before you continue to use this website or download any image.

If you do not accept these terms, do not use this website. By checking any checkbox that stipulates agreement to the following terms and by using this website, you agree to be bound by the terms and conditions of this agreement.

Ownership of our Website

This website is owned and operated by ImageFree. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("content"), is owned by ImageFree, its licensors and its content providers.

Protection of Intellectual Property

All elements of ImageFree’s website, including, but not limited to, the general design and the content, are protected by trademarking, copyright, moral rights and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with ImageFree or one of its subsidiaries, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of ImageFree or its licensors unless otherwise expressly agreed.

"ImageFree" and the ImageFree logo, are trademarks of ImageFree or its subsidiaries and may be registered in some countries.

Indemnification for Breach

You agree to indemnify ImageFree, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of the terms of this agreement or your unauthorised use of the content and related rights.

How you may use the content on this website

Images, other than comp images, may only be used commercially once you have entered into a license agreement and paid the relevant fee. Comp images may only be used for your internal layouts for sample purposes or for proofing presentations to end clients.

ImageFree does not grant you any license to use these images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online system. Except for this limited, internal testing and sample use, ImageFree grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any comp images.

ImageFree will only issue high-resolution images for "comps" or layout purposes only after a separate agreement is entered into.

The website contains images uploaded by its members. All images and their descriptions and presentation in general ("images") on the website are the property of either ImageFree and/or its members and are protected by international copyright laws. Use of these images without license is prohibited.

ImageFree and its members do their best to provide accurate information on images and on the services of the website, however, against all our efforts there can be some typographical and technical errors. ImageFree cannot be held liable for any losses or damages resulting from the inaccuracy of any information on the website.

Customers of ImageFree using images should credit the artist and ImageFree, where applicable.

You may not use these images

For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures.

In a way that can give a bad name to ImageFree or the person(s) depicted on the image.

Model and Property Releases

ImageFree gives no representations or warranties whatsoever as to the existence of any release associated with the Image.

ImageFree gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Image.

You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction of the image have been secured.

Since ImageFree does NOT require a written Model Release for each image that has identifiable people on it, We cannot guarantee that you will be able to use the image for any purpose you like. Also, if there is a model release for the image, we do not represent or make warranties whatsoever as to the legality or validity of it.

Images and Copyrights

If you are buying royalty-free images they are limited to print run of 500 000 copies. So if you need to use royalty-free image for more than 500 000 copies you need to contact ImageFree for extended license.

Furthermore, certain images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. ImageFree does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that you have all the necessary rights, consents and licenses for the use of the image.

You acknowledge by your download that ownership of image does not get transferred to you 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. The work you create with the image must be used either by yourself or by your client. You warrant that you will do your best to prevent third parties from duplicating the image.

Email

If you authorize us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you.

Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate checkbox when first asked to respond to the issue, or by modifying your profile at anytime thereafter - ImageFree will not send you information if you expressly inform us you do not wish to receive such material.

If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information in the "My ImageFree" section of this website.

Data Protection Disclaimer and Confidentiality

The information you supply on the registration form will be kept on a database for purposes as registered under the data protection act. Please indicate in the boxes provided on the registration Form if you do not wish these details to be used for communications from ImageFree. We will, from time to time, have the opportunity to send you relevant offers from third parties. Please also indicate if you do not wish to receive these offers.

All information collected relating to your purchase is confidential.

Pricing

ImageFree.com reserves the right to change prices and to stop offering certain products, without notice.Please notice that the price on the internet can change without notice.

Taxes and fees

VAT is applied to the invoice when issued according VAT law. If the buyer should pay VAT - the total price will include the VAT and invoices are issued with VAT.

Product Delivery

Once the files (images) have been paid for you can download them from the ImageFree.com website. Files will not be delivered to the buyer - it is your responsibility to download the files.

Cancellation Right / Right to Return and Refund

All sales are final. Purchase can not be cancelled, since the files can be dowloaded. Please contact info@ImageFree.com for questions.

Disclaimers

This website and its content are provided "as is" and ImageFree excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.

The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. You, not ImageFree, assume the entire cost of all necessary servicing, repair or correction due to your use of this website.

Except as specifically stated in these Terms, the Privacy Policy , or elsewhere on this website, or as otherwise required by applicable law, neither ImageFree nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the content whether or not we have been advised of the possibility of such damages.

There may be links to other websites from the ImageFree website; however, these other websites are not controlled by ImageFree and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against ImageFree regarding the inclusion of links to outside websites or your use of those websites.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law and Jurisdiction

This agreement is governed by the laws of Iceland whose courts are the courts of exclusive jurisdiction.

This agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded.

We reserve the right to change the terms, privacy policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between ImageFree and you relating to your use of this website.

No action of ImageFree, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these terms or Privacy Policy . Should any clause of these terms or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.


The Artist/Photographer Contract

By checking checkbox for "Are you an artist looking to sell your images on ImageFree?" you agree to the following terms and accept that a legally binding contract has been entered into with ImageFree.

General Artist Terms:

Under this contract you must

  1. Be the Copyright owner of the Images or have authority from the copyright owner to enter into the contract. You are solely responsible for the images you upload. You warrant that you own all proprietary rights regarding the image, and as for images depicting identifiable persons that you do your best to obtain a valid, legal and signed model release from those parties to upload alongside the image.
  2. Grant the customer the right to alter images providing such alteration is not pornographic, defamatory or otherwise unlawful and you undertake that the person who created the image has waived all moral rights in respect of use of the image by ImageFree, its customers or any other third parties.
  3. Ensure all metadata is factually correct and keep it up to date.
  4. Ensure that where you have indicated that a model or property release exists, you are able to make the release(s) available to ImageFree if so requested.

You also acknowledge that your images may be used for promotional purposes without any extra payment to be used for ImageFree.

Furthermore, You acknowledge that ImageFree does not allow the upload of images that infringe on any copyright, property right, trademark or any other applicable right. We don‘t accept any pornography or glamour images.

You ensure that all captions, keywording, rights management or other information pertaining to the images are and will remain accurate and do not infringe the copyright or other rights of any third party, and are not defamatory or pornographic.

Images and Image Upload

Please be sure that your images meet our technical criteria and are:

  • Only RGB images.
  • High-quality JPEG files (level 10 or above in Photoshop).
  • Bit depth of 8 bits/channel.
  • Minimum uncompressed file size of 20MB (we recommend 48MB).

You acknowledge that even though we do our best to prevent it from happening, ImageFree cannot be held responsible for the misuse or abuse of any image.

Additional Terms

All images that you are submitting and selling at ImageFree can not be sold on other websites or by other means without special contract with ImageFree.

Once uploaded you can control whether each image you submit is displayed as Rights Managed or Royalty Free.

You cannot submit identical or similar images to ImageFree as both Royalty-Free and Rights Managed.

None of the keywords supplied by you for any image has been copied from the keywords for an image of any other artist.

Where ImageFree has licensed an image to one of its customers, you agree that you will not contact the customer for any reason pertaining to this sale.

Where your image(s) are included in search engine listing and promotion, no claim will be made by you, for breach of copyright in respect of the images displayed.

Imagree has full authority to negotiate all terms of commissions, licences and reproduction rights in the images including the fee, duration and scope of any licence.

You authorise ImageFree to agree to any cropping, manipulation, combining and creation of derivative images.

ImageFree has the right to add, amend or delete any metadata for an Image if in Imagree’s opinion this would be likely to increase the sales potential for that image or if it believes the metadata to be incorrect.

ImageFree cannot guarantee a photo credit in any instance, and will not be held liable if a photo credit is not made.

Due to the nature of server provision, downtime and lost transmissions may occur. In recognition of this it is agreed that ImageFree shall have no liability to any artist or copyright owner for the loss of any image or for any deterioration or damage to any image on the system; or any failure of the system which causes lost license fees.

Artists shall be responsible for maintaining original and digital back-up copies of all images submitted to ImageFree and will provide replacement digital copies to ImageFree on request at any time.

You can ask us to delete any images – you will need to give us two hundred (200) days notice. Send email to info@ImageFree.com.

Termination

Both parties can terminate your membership account for any reason with a written notice and proof of identity. Upon termination ImageFree removes all your images from the website within 30 days. You acknowledge that because of copyright infringement or other kinds of serious - or even malicious - acts, you may face more serious consequences.

We also reserve the right to remove any approved image at any time if we believe it's defective, of poor quality or it infringes on any right. Serious copyright infringement issues such as uploading images found on other stock photography sites will result in the termination of this agreement, the termination of your membership, and possible criminal prosecution.

Payments & Pricing

The artist is paid 50% of the total sale.

ImageFree may offer custom pricing to some of its customers without ImageFree consulting you.We have the right to offer customers promotions on images to promote the ImageFree service without consulting you.

Artists are paid once his total amount has reached $100 USD. ImageFree will keep the tax and return it to the Icelandic authorities.