Terms of Service
Welcome to the Photolancer Zone Terms of Service – read them carefully! These terms govern all use of the Photolancer Zone website https://photolancer.zone and mobile applications (iOS and Android), as well as all services available through them and integration partners via Photolancer Zone Gateway API (such as Clever Kids EU, AdFluencer.IO).
Photolancer Zone is operated by Labs64 GmbH, Radlkoferstr. 2, 81373 Munich, Germany (“Labs64”).
1. Overview of Service
Photolancer Zone (“Photolancer”, “Services” or “we”, “us”) is a community and marketplace for an individual photography and offers a platform for registered Users (“you” or “Users”, which include both licensees (“Clients”) and licensors (“Photographers”) to license photography Content (defined below) in an online marketplace. Clients can create and publish orders/requests/contests for specific types of photos, images or other individual creative assets by providing creative brief with instructions, and Photographers can submit Content in response to an order/request, for a possible license. In addition, Photolancer Zone hosts a collection of photos (the “Marketplace”) that it makes available to all Clients for possible license through a searchable collection of photos where Clients may purchase individually or as many items of Content as part of an offer.
PHOTOGRAPHERS RETAIN ALL OWNERSHIP IN THE CONTENT UPLOADED AND ONLY GRANT LIMITED RIGHTS TO PHOTOLANCER ZONE AND CLIENTS AS DESCRIBED IN THE CONTENT LICENSE TERMS OUTLINED BELOW AND AS OTHERWISE COMMUNICATED BETWEEN A CLIENT AND PHOTOGRAPHER.
We reserve the right to modify or discontinue our services at any time, within reason. We do not guarantee the provision of accounts or the participation of Photolancer Zone marketplace, nor of a certain upload capacity or the error-free and uninterrupted availability of Photolancer Zone. Neither do we guarantee the publication or sale of photos or the providing of any other services via Photolancer Zone, except for your payment claim upon successful licensing of your photo.
We are constantly changing and improving Photolancer Zone services. We may add or remove functionalities or features of the service at any time, and we may suspend or stop a service altogether.
Photolancer Zone takes reasonable measures to ensure that the Service is accessible 24 hours a day, seven days a week. We reserve the right, at our discretion, to take necessary technological, maintenance or security measures that may affect the accessibility of Service, including shutting down of the Service. We will store digital assets (including but not limited to images, graphics, audio and video clips, text and data uploaded by a User to the Service in the same format as uploaded, but we will not be responsible for any loss, damage or alteration of the Content that occurs during the file transfer to or from our servers.
Photolancer Zone is not a platform for saving or managing your content. Always keep copies of your photos safely backed up elsewhere!
If Photolancer Zone provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable license for use of such software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Photolancer Zone in the manner permitted by the Photolancer Zone Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit those restrictions or you have our prior written consent. You will not remove, obscure, or alter Photolancer Zone’s copyright notice, Brand Features, or other proprietary rights notice affixed to or contained within any Services or other Photolancer Zone software or documentation.
2. Acceptance of Terms
In order to gain full access to Photolancer Zone services you must first register. By doing so you give your consent to our Terms of Service and we become contractual partners.
You can register for Photolancer Zone either using your valid email address or via social networks (as available e.g. Facebook, Google+, Twitter). Your registration becomes effective once your identity is verified and account activated. You may select a username and change it at any time.
Any information submitted to us during registration or in other communication must be complete and correct. Keep your password confidential and your user profile updated so we can contact you at any time. We may introduce additional security or verification procedures relating to Account opening and access from time to time.
You must be at least 18 years old to register to use the Service.
You represent and warrant that:
i. you have full power and authority to enter into the Photolancer Zone Terms;
ii. you are the owner of, or are legally authorized to act on behalf of the owner of, the Content;
iii. you are the technical and editorial decision maker in relation to the Content on which the Services are implemented and that you have control over the way in which the Services are implemented on the Content;
iv. Photolancer Zone has never previously terminated or otherwise disabled a Photolancer Zone account created by you due to your breach of the Photolancer Zone Terms or due to invalid activity;
v. entering into or performing under the Photolancer Zone Terms will not violate any agreement you have with a third-party or any third-party rights;
vi. all of the information provided by you to Photolancer Zone is correct and current.
If you are registering to use the Service on behalf of a legal entity
i. you must be the authorized representative of such entity;
ii. with respect to any Client, have the full power and authority to bind Client to the License Grant;
iii. if Client subsequently disputes such power or authority, you shall be liable for any failure of Client to comply with the terms of this Agreement.
Photolancer Zone may, in its sole discretion, refuse to offer the Service to any person or entity and may change the eligibility criteria at any time.
Your account is valid for you and only you. You may not transfer it to anyone else or allow someone else to use it. You may only have one Account.
4. Indemnification, Representations, and Warranties
The Photographer represents and warrants that (i) it is the original creator of the Content and that it holds all rights in and to the Content; (ii) it has the legal right and capacity to enter into these Terms of Services; (iii) the Content does not infringe upon any copyright, trademark, moral right, right of privacy or publicity or other intellectual property right of any third-party and (iv) it has obtained, where applicable, a valid written model or property release from any relevant third-party subject, co-owner or otherwise sufficient to license the Content through the Service.
You alone are – or your parent/guardian, if you are under 18 years old is – responsible for your behavior as a user and compliance with these Terms of Service and applicable laws. You release us from all claims from third parties due to any alleged breach of duty to these Terms of Service and applicable laws that may arise or be invoked.
You are solely and fully liable for all conduct, Content, Orders/Requests, User profiles and transactions that are made under your username and password. You are solely responsible for keeping your passwords safe and secure.
5. Content upload, Prohibited Content and Unacceptable Use of Photolancer Zone
If you upload a photo and/or add any text (“Content”) to Photolancer Zone, you confirm that such content does not violate these Terms of Service or any applicable law. You also confirm that you possess the legal right to grant us rights of use to the extent as defined below. You always keep control of your content and are free to delete your content from Photolancer Zone at any time.
Content or behavior that infringes on the rights of third parties or violates applicable laws is not permitted on Photolancer Zone. This includes:
i. adult content, which shall include, but not be limited to, pornography and mature, obscene, explicit, or sexual content;
ii. content that advocates against an individual, group, or organization, including but not limited to, any content that promotes harassment or bullying or incites hatred or promotes violence against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity;
iii. copyrighted material of third parties (unless you have the right to use such content as contemplated). This includes content wholly or partially copied from another copyrighted work without the permission of the applicable owner. This also includes content that infringes or violates the rights of third parties in any way, including personal, copyright, and intellectual property rights, along with any other applicable rights;
iv. drug, alcohol, and tobacco-related content;
v. hacking and cracking content (i.e. content that provides users with instructions or equipment that tampers with or provides illegal access to software, servers, or websites);
vi. direct advertising or contacting other users to purchase or sell products or services, as well as any type of spamming or similar harassment;
vii. sites that offer compensation programs, which are commonly known as “pay-to” sites (i.e. sites that promise payment or incentives to users who click on advertisements, surf the web, read emails, or perform other similar tasks);
viii. violent content, including any graphic or gory images (e.g. bloodshed, fight scenes, and gruesome or freak accidents);
ix. commercial weapon-related content, which includes, but is not limited, content related to the sales of ammunition, gun parts, hardware, pistols, rifles, BB guns, sporting guns, air guns, blow guns, stun guns, explosives, and fireworks;
x. any illegal content, including, but not limited to, content related to the production of false legal documents (e.g. fake passports, identification cards, or immigration papers), the promotion of any fraudulent or criminal activity, the sale of any counterfeit or boycotted goods, and the promotion of any sexual act.
6. Reporting and Removal of Prohibited Content
We are not responsible for checking content uploaded to Photolancer Zone for potential legal violations. If you discover any content on Photolancer Zone that, in your opinion, violates copyright laws, intellectual property rights, or any other rights of third parties, contains pornographic or violent photos, or violates our Terms of Service, you may always inform us. We will review the reported content, get back to you if we have further questions and delete unacceptable content. We reserve the right to temporarily block reported content during the review procedure and permanently remove such content at our own discretion.
7. Grant of Rights
When you upload content to Photolancer Zone, you grant us the right to use this content worldwide, non-exclusively and free-of-charge for the Photolancer Zone. This means we can integrate your content into our website and mobile app, making it searchable and visible to the public. This includes the right to save your content, to technically reproduce it, to add information (hashtags, keywords, captions etc.), to make it publicly available, to publicly perform, to edit (e.g. modify the resolution), and/or to combine it with other content. This grant of rights is non-exclusive, so you are free to grant the same rights to third parties. This means you can share and sell your photos on Photolancer Zone and other photo-selling platforms at the same time.
We showcase photos by members of the Photolancer Zone on social media and the Photolancer Zone websites. Therefore, you also grant us and other visitors to the Photolancer Zone service the right to use your content on other social networks (e.g. Facebook, Twitter, Google Plus, Pinterest, etc.), within the Photolancer Zone (e.g. Photolancer Zone account) and on the Photolancer Zone websites, be it to present, share, like, and/or comment on your content. In such cases, we will always credit your work with your name and/or username.
To terminate your grant of rights for a photo for the future simply delete the photo at any time. Photos that have already been shared on social networks will not be automatically deleted from such networks and may therefore still be used. For further details see 13. Deletion of Account and Content.
8. Third-Party Links, Sites, and Services
You may not use any Photolancer Zone Feature (including the Photolancer Zone logo) to link to the services without the prior written consent of Photolancer Zone or frame any such Brand Feature.
Photolancer Zone makes no claim or representation regarding, and accepts no responsibility for (whether directly or indirectly) the quality, content, nature or reliability of third-party websites accessible by hyperlink, advertising or special offer from the Services, or websites linking to the Services. Such sites are not under the control of Photolancer Zone and Photolancer Zone is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Photolancer Zone provides these links to you only as a convenience, and the inclusion of any link does not imply any affiliation, endorsement, or adoption by Photolancer Zone of any site or any information contained therein. When you are not using the Services, you should be aware that the Photolancer Zone Terms no longer govern your activities (except as otherwise provided herein). You should review the applicable terms and policies (including privacy and data gathering practices) of any site to which you navigate.
9. Photolancer Zone Contests and Challenges
If we carry out contests or prize competitions, the respective terms and conditions for participating apply. We do not guarantee participation in contests and/or allocation of prizes.
i. Photolancer Zone may run from time to time challenges either directly or on one of its social media pages/representations;
ii. Photolancer Zone reserve the right to amend or alter the terms of these challenges and reject entries from entrants not entering into the spirit of the challenge;
iii. No responsibility can be accepted for photo entries lost, delayed or corrupted, or due to computer error at the time of uploading on our market;
iv. The winner(s) agree(s) to the use of their name, photograph and co-operate with any other reasonable requests by Photolancer Zone relating to any post-winning publicity;
v. The decision of the Photolancer Zone team is finally based on the criteria set out in the challenge and no correspondence will be entered into over this decision;
vi. Challenges may be modified or withdrawn at any time;
vii. These challenges are in no way sponsored, endorsed or administered by, or associated with Apple. By participating, you hereby release and hold Apple harmless from any and all liability associated with these challenges;
viii. These challenges are in no way sponsored, endorsed or administered by, or associated with Facebook/Twitter/Google + (or any social media we use). By participating you hereby release and hold harmless Facebook/Twitter/Google + (or any other social media) from any and all liability associated with these challenges;
10. Compensation, Payment
For any Content licensed, the Client agrees to pay the amount posted on the content or offer in US Dollar; and Photographer agrees to pay a separate transaction fee to Photolancer Zone for the use of the Service (“Transaction Fee”). Transaction Fees are the responsibility of the Photographer and are equal to 25% of the posted amount on the Order/Request and 30% of the posted amount on Marketplace Content.
Payments may not be released to the Photographer until all licensing fees are collected to from the Client, and at such time, the Photographer’s earning will be made available.
In addition to the above, third-party charges relating to receiving money, use of credit cards, currency conversion charges, cross-border fees, etc may also apply. For more details, please review the fee structure and other terms and conditions mentioned in your PayPal account.
To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider, and for any taxes applicable to you or amounts transferred to or from you.
As between you and Photolancer Zone, Photolancer Zone is responsible for all taxes (if any) associated with any transactions between Photolancer Zone and advertisers in connection with advertisements displayed on the Content. You are responsible for all taxes (if any) associated with the Services (other than taxes based on Photolancer Zone’s net income). All payments to you from Photolancer Zone in relation to the Services (if any) will be treated as inclusive of tax (if applicable) and will not be adjusted.
12. Licensing Procedure
If you want to use a photo from Photolancer Zone, you must acquire a license. To do so, you must select a license suitable to your needs from the available licensing options and complete the purchase by clicking the “Buy” button. You need to agree to the Terms of Service and the License Terms – you can access and download these from our website and during the purchase procedure. With your consent to the Terms of Service and the applicable License Terms, you are making a binding offer to acquire the chosen license. We accept this offer via the transmittal of a receipt and/or the providing of a link to download the photographic data. The license fee is payable immediately and may be paid with a PayPal, Credit Card or any other payment method offered by Photolancer Zone. Rights are fully transferred with the entire payment of the license fee.
In order to license a photo without restrictions, all third-party rights affected by the photo must be cleared. For example, for photos in which other people are recognizable, you must obtain their consent for the use of their likeness (a “Model Release”). And if you upload a photo that affects the rights of third parties (e.g. trademark, logos, copyright, intellectual property), you must obtain consent from the right owner for the use of the photos (a “Property Release”).
You are solely responsible for obtaining the necessary releases. These releases must be communicated to Photolancer Zone in writing or by email. You may obtain consent using our release request templates and processes. Release requests sent through Photolancer Zone will be sent using your name on your behalf.
When you acquire a license as a consumer, you have the right to withdraw from the license agreement. In the case of a valid withdrawal you are required to delete the download link – and any applicable downloaded data – from your archive. You must ensure that the photo has not been used and will not be used in the future.
13. Deletion of Account and Content
We have the right to refuse, terminate or limit your access to the Photolancer Zone for any reason and at any time.
You may remove your photos and other content from Photolancer Zone Market or from your account completely at any time. You may also request deactivation of your account at any time via Photolancer Zone contact email. In this case, all of your content will be no longer publicly visible via Photolancer Zone. In case your photo has been shared on a social network it may remain publicly available.
We may delete content that, in our opinion, violates the Terms of Service, the rights of third parties and/or applicable laws, or is unacceptable for other reasons. We may delete your account if our contractual relationship ends.
Any rights granted will be terminated upon final deletion. The rights to photos that have been used prior to deletion, as well as completed license agreements and rights of use granted by such license agreements, remain unaffected.
Photolancer Zone will not remove any attribution with respect to Photographers’ Content uploaded to the Service if provided by Photographer. Client agrees that it shall provide attribution to the Photographer in connection with any editorial use of Content licensed via Photolancer Zone unless the Photographer waives any right to attribution directly. Notwithstanding the above, Photolancer Zone shall not be responsible if the Client fails to credit the Photographers.
15. Our Liability
We are not responsible for checking uploaded content for potential legal violations or illegal content. Review of photos on Photolancer Zone is done solely to determine whether we wish to accept an offer to enter into a license agreement. Any uploaded content belongs to the respective user and does not become our property. We disclaim all liability for illegal, incorrect, or incomplete content and for damages that arise from use of the content, to the extent legally permissible. This also applies to links to external websites on our platform.
However, we are fully liable for damages (a) resulting in a loss of life, bodily injury, or bodily harm due to a breach of duty by us, a legal representative, or agent, (b) caused by the absence of any condition guaranteed by us or (c) caused intentionally or through gross negligence by us, a legal representative, or agent. In the event of minor property or financial damages due to negligence, we are only liable in the event of breach of an essential contractual duty, and then only to the extent the damages are foreseeable by the end of the contract. Essential contractual duties are such duties which need to be carried out in order to actually perform the contract and in which the other party does and may trust. Any further liability for damages is excluded. Liability according to the German Product Liability Law (“Produkthaftungsgesetz”) remains unaffected.
You agree not to disclose Photolancer Zone Confidential Information (as defined below) without our prior written consent. “Photolancer Zone Confidential Information” includes, but is not limited to, the following: (a) all Photolancer Zone software, technology, and documentation relating to the Services; (b) click-through rates or other statistics relating to Content performance as pertaining to the Services; (c) the existence of, and information about, beta features in a Service; and (d) any other information made available by Photolancer Zone that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. Photolancer Zone Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third-party.
We reserve the right to terminate the contractual relationship with you with 2 weeks’ notice without providing a reason and may, as a consequence, delete your account and content. The notice of termination may be made by email or in writing.
18. Modifications to the Terms
i. Entire Agreement / Amendments. The Photolancer Zone Terms constitute our entire agreement relating to your use of the Services and supersedes any prior or contemporaneous agreements on that subject. These Photolancer Zone Terms may be amended (i) in a writing signed by both parties that expressly states that it is amending the Photolancer Zone Terms or (ii) as set forth in Section 18 if you keep using the Services after Photolancer Zone modifies the Photolancer Zone Terms.
ii. Assignment. You may not assign or transfer any of your rights under the Photolancer Zone Terms.
iii. Independent Contractors. The parties are independent contractors, and the Photolancer Zone Terms does not create an agency, partnership, or joint venture.
iv. Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control, such as a natural disaster, act of war or terrorism, riot, labor condition, governmental action, or internet disturbance.
v. Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. You may opt out of some of those communications in your Account settings. We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Photolancer Zone AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT OWNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL PHOTOLANCER ZONE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT OWNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
21. Final Clauses
Any transfer of rights and obligations from these Terms or the contract itself to a third-party shall be subject to your prior consent.
German law shall apply as the jurisdiction for the Terms of Service. The CISG (Convention on Contracts for the International Sale of Goods) is hereby excluded. The place of delivery for the rights granted is Labs64 corporate headquarters. If you are using Photolancer Zone for business purposes, the corporate headquarters of Photolancer Zone shall also be the place of exclusive jurisdiction.
Should any clause in these Terms of Service be rendered wholly or partially invalid, ineffectual, or not enforceable, the remaining clauses shall remain valid and effective.
If you have any questions about these Terms of Service or need to contact us for any reason, do so at firstname.lastname@example.org
Effective: January 1, 2017