Agreement

By downloading files including photography, illustration, and animation from the Photooh website (“Photooh Content”) you agree to be bound by the terms of this Agreement. Do not download Photooh Content if you do not accept these terms. Only use Photooh Content only as specified below.

1. This is a license, not a sale, of Photooh Content.

2. You are granted a non-exclusive, non-transferable license to use in perpetuity Photooh Content on the terms and conditions contained in this Agreement.

3. Images on our websites can either be downloaded, or ordered for prints which gets delivered to you, arriving at your door steps within 3-5 days. Given that we ship out items same day or next day depending on the time of the order, your order may actually arrive sooner.

You may only engage in expressly permitted activity with respect to Photooh Content under this Agreement.

4. CAUTION: WHILE PHOTOOH HAS ENDEAVOURED TO ENSURE THAT APPROPRIATE MODEL AND PROPERTY RELEASES HAVE BEEN OBTAINED. PHOTOOH PROVDES NO EXPRESS OR IMPLIED REPESENTATION, WARRANTY OR CONDITION OF ANY KIND. THE ENTIRE RISK AS TO THE LEGAL AVAILABILITY AND SUITABILITY OF THE CONTENT FOR YOUR PURPOSES IS YOURS. THE TOTAL MAXIMUM AGGREGATE LIABILITY OF PHOTOOH TO YOU IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO PHOTOOH UNDER THIS AGREEMENT.

5. Images found on our website is licensed in two ways:

ROYALTY-FREE AND CREATIVE COMMONS ZERO (CC0) LICENSE

It_qt_s hard to understand complex licenses that is why some photos on our website are licensed under the Creative Commons Zero (CC0) license.

This means the pictures are completely free to be used for any legal purpose.

The pictures are free for personal and even for commercial use.
You can modify, copy and distribute the photos.
All without asking for permission or setting a link to the source. So, attribution is not required.

The only restriction is that identifiable people may not appear in a bad light or in a way that they may find offensive, unless they give their consent. You should also make sure the depicted content (people, logos, private property, etc.) is suitable for your application and doesn_qt_t infringe any rights.

The CC0 license was released by the non-profit organization Creative Commons (CC). Get more information about Creative Commons images and the license on the official license page.

QUESTIONS REGARDING THE USABILITY FOR ANY PURPOSE OR PROPOSED USE SHOULD BE DIRECTED TO Legal@Photooh.com

We recommend that inquiries on any Order placed via our website be sent within 30 days of Order for quicker research and response time.

FOR IMAGES THAT ARE LICENSED OTHER THAN AS MENTIONED ABOVE, THE FOLLOWING AGREEMENT IS APPLICABLE

1. Application of these terms and conditions

The following terms and conditions apply to all users of the Photooh.com website: its visitors and its contributors (referred to in these terms and conditions as "You", "Your" or "Yours" as the context requires).

2. Use of the Photooh.com website

By using this website and/or downloading or uploading any material, you agree to be bound by this agreement. This agreement applies to You and, if You are using this website on Your client_qt_s behalf, to You and Your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to __update__ and/or change Our pricing structure as needed. Your use of the site will be subject to the most current version of the terms and conditions published on the site at the time of Your use. By using this site and downloading, uploading or using any images listed under the Photooh.com domain You agree to be bound by this agreement. Should You disagree with anything stated here please discontinue Your use of the site and erase all data You have downloaded.

This website is operated by Photooh LLC whose registered office is in Barrington, IL USA, (which company is referred to in these terms and conditions as "Photooh.com" "We", "Our" or "Ours" as the context requires).

All images provided by Photooh.com are owned by Our Contributors (photographers / Graphic Designers). All rights in the images are protected by international copyright laws.

Photooh.com may immediately revoke all licenses granted to You without notice if You fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the images, __delete__ all images and all copies from all media and destroy all other copies. Your use of this site and any images shall comply with all applicable laws in the country in which You operate.

You are solely responsible for determining whether Your use of any image requires the consent of any third party or the license of any additional rights, and You should not rely solely on the information provided by Photooh.com or its Contributors. If You are unsure whether additional third-party rights are needed for Your use, you are responsible for consulting with competent rights management professionals or legal advisors.

Photooh.com makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the international market. The responsibility for the images uploaded is entirely the Contributor_qt_s, he/she being the one who holds all copyrights over the content submitted.

If you have found a file that represents such an infringement please notify us, Legal@Photooh.com in order that We may take the appropriate measures.

3. Acknowledgements, representations and warranties

By using the website or any other of Our services, you acknowledge and agree with the following statements:

Photooh.com provides access to an online service comprising information and materials created and posted by its Contributors
images on the website that are available for license are stored on Photooh.com_qt_s servers at the direction of Photooh.com_qt_s Contributors
any review of uploaded images that may be performed by Photooh.com before making such images available to the public is cursory and only intended to identify immediately obvious violations of these terms. Accordingly, and despite any such vigilance, the Contributor uploading an image shall be deemed the party at whose direction that image resides on Photooh.com servers
Photooh.com requires that its users never upload images that infringe upon any right belonging to a third party. Uploading images that infringe on third party rights constitutes a direct and material breach of these express terms and will subject the uploading Contributor_qt_s account to suspension and/or termination, at the discretion of Photooh.com

the Contributor, by uploading an image, asserts and confirms that he/she is the sole holder of all exclusive rights to that image
where an image has no obvious proprietary marking that indicates an exclusive owner, Photooh.com cannot be deemed to have actual knowledge that the image infringes upon any third party_qt_s rights
Photooh.com has no right or ability to control the activities of Contributors who create and upload images to the website. In the event that a Contributor infringes upon a third party_qt_s rights by creating or uploading an image, that Contributor is the sole responsible party for such infringement, and Photooh.com has no control over such activity
apart from identifying an obvious proprietary marking in an image that indicates an exclusive owner (such as a watermark or copyright notice), Photooh.com has no other ability to determine whether the rights appurtenant to a particular image may belong to a party other than the uploading Contributor. As its only other means of identifying images that may infringe upon a third party_qt_s rights, Photooh.com relies entirely on properly presented notifications from third parties claiming that their rights have been violated
all fees collected by Photooh.com are collected by them as agents for the Contributors to whom Photooh.com account for the payment and deduct a handling charge.

4. Use of images downloaded from Photooh.com

Our terms apply equally to personal, corporate, educational and charitable use. Images can be used subject to the terms of the appropriate license set out below and subject to the relevant law of the state in which the image is used worldwide, in perpetuity, and with no time limitations.

We offer two types of license for Our images - a Standard License and an Extended License. In most cases the Standard License will be sufficient.

5.1. STANDARD LICENCE

When you download a free or purchased image from Photooh.com you automatically receive our Standard License which allows you to use the image as an illustration for almost any business, personal, educational or charitable purpose. The image is yours to use anywhere in the world as many times as you need and for as long as you want.

If you choose to download an image free of charge you need to publish an acknowledgement to Photooh and the creator of that image wherever it’s used. This is how:

5.2. Free image downloads

Our image downloads are watermark-free. They are clear, sharp and ready for use.

5.4. _qt_Attribution required_qt_

If you use this free image, you must publish an acknowledgement to Photooh.com and/or the image creator, as applicable, on the same page or screen where the image is used.

If you are unwilling or unable to publish an acknowledgement, you must purchase the image, to avoid this requirement.

5.5. Publishing an acknowledgement

Purchasing good quality images can be expensive, and you can_qt_t always justify the cost, so we give you a small version of all our images free of charge.

All we ask in return is that you publish an acknowledgement (or _qt_attribution_qt_) when you use the image so that you acknowledge who created the image and where it came from.

We understand that this isn_qt_t always possible, so if you are unable (or prefer not) to publish an acknowledgement all our images are available to purchase, starting at $3.00. If you purchase an image then you don_qt_t need to publish an acknowledgement.

5.6. How to word the acknowledgement

When publishing an acknowledgement, you must include both the name of the artist who created the image, when applicable and/or “Photooh.com”. The name of the image creator can be found at the top of the download page, if applicable and will be included in your download confirmation email, when available. We suggest that you use a format like this: Image courtesy of [name of the image creator] at Photooh.com OR Image courtesy of Photooh.com

If you are logged in to your account then any images you download will be automatically recorded so you can access the details for your acknowledgement at any time.

5.7. Where to put the acknowledgement

Where you place the acknowledgement will vary according to the way you are using the image. Here are some common examples of how our images are used and where the acknowledgement should be positioned for each one:

The acknowledgement should be published somewhere on the page that each free image appears on. Where the same image is used on multiple pages (for example if you use it as a background or banner on multiple pages) please publish the acknowledgement just once, for example on an _qt_about_qt_ page.

Facebook (e.g. profile pictures, cover pictures, status __update__s)

Include the acknowledgement in a status __update__, or in the text accompanying an uploaded image.

Twitter (e.g. profile pictures, background pictures)

Tweet an acknowledgement (our Twitter user name is @photooh).

Publish the acknowledgement adjacent to the image each time that image is used.

DVD, Blu-ray, CD and digital music covers

For Blu-rays, DVDs and CDs, place the acknowledgement on the front, rear or inside cover. Where the cover is digital (e.g. mp3) you should add the acknowledgement to the image using image editing software.

Book or eBook covers

Place the acknowledgement adjacent to the image or in a list of image acknowledgements.

Television broadcasts

Include the acknowledgement within the opening or closing credits of the broadcast.

Films (including YouTube and Vimeo)

Add the acknowledgement to the opening or closing credits of the film, or within the text description of the video.

Software, smartphone applications and video games

Include the acknowledgement in the ‘About’ screen or a similar location.

Add the acknowledgement somewhere within the email.

School or college projects

Place the acknowledgement adjacent to the image or in a list of references.

PowerPoint presentations, Word documents and other end-user applications

Show the acknowledgement adjacent to the image or in a list of references.

Where you are using the image for a purpose not listed above please ensure that you position the acknowledgement appropriately, in line with the spirit of our requirements above.

Editorial images are supplied with our Standard License, but they may only be used for non-commercial and non-promotional purposes. In most cases no legal releases have been signed by the people within these images or on behalf of any property or designs featured. This means that the images may not be used for any purpose which will result in You making money. No Extended License is available for editorial images. All Our terms and conditions still apply to editorial images.

You are responsible for any changes You make to an editorial image and any claim made against You as a result. We strongly advise that You do not adjust an editorial image in any way which could change the perceived message or context of the image.

Please note that images which are available for commercial use (not marked as an ‘editorial image’) may still be used for editorial purposes.

Editorial images may not be used for commercial or promotional purposes. This means that the images may not be used for any purpose which will directly result in you making money.

Editorial images may be used to illustrate truthful articles in printed or electronic media such as websites, magazines, newsletters, books, broadcasts and newspapers.

Editorial images may not be used in advertising, advertorials, commercial brochures, commercial websites or product packaging.

When these restrictions apply to a picture it is clearly labeled as an ‘editorial image’ when you view and download it, for example the small Free Image.

Please note that the terms of our Standard License still apply to these images, these additional restrictions are to protect the personal, or intellectual, rights of the subject of the image.

An Extended License is a royalty-free license which gives You the right to use the image for all purposes and to sell or distribute the image on any merchandise or products produced by You but expressly excludes the right to use the image in any way on any print-on-demand website like, but not limited to, Zazzle or Cafe press. Usage is subject to the limitations set out in the table below.

7.1. Acceptable and prohibited use

The table below provides an overview of what is allowed under each license. If Your intended use is not listed below, please contact us Legal@Photooh.com for advice.

All our images are quality checked and perfect for many uses -

This table shows a range of uses for our images and which license is needed for each. Our images can be manipulated, edited, have text overlaid or be combined; the same licensing terms still apply.

How you intend to use the image Type of license you need
Websites (unless it is a template for mass distribution). E.g. websites for business (for yourself or a client), personal, educational or charitable use, plus blogs, forums and Facebook/Twitter/Google+ pages. Standard License
(free* or purchased images)

Printed media (e.g. newspapers, magazines, newsletters, booklets, flyers, advertising and promotional material). Standard License
(free* or purchased images)

DVD, Blu-ray, CD and digital music covers. Standard License (free* or purchased images)

Book or eBook covers and inner pages (including books which are published through a print on demand service such as Amazon). Standard License
(free* or purchased images)

Television broadcasts. Standard License (free* or purchased images)

Films (e.g. video productions and YouTube or Vimeo videos). Standard License (free* or purchased images)

Facebook profile or cover pictures (unless it is a template for mass distribution). Standard License (free* or purchased images)

Twitter avatars or backgrounds (unless it is a template for mass distribution). Standard License (free* or purchased images)

Software, apps and video games – incidental use where the image is not important to the functioning of the software. Standard License
(free* or purchased images)

Emails (e.g. business, marketing and personal emails). Standard License (free* or purchased images)

School or college projects. Standard License (free* or purchased images)

PowerPoint presentations, Word documents and other end-user applications (unless it is for mass distribution). Standard License
(free* or purchased images)

Desktop wallpaper (unless it is for mass distribution) Standard License (free* or purchased images)

Artists reference and canvas/framed artwork – where the resulting artwork is for personal use. Standard License (free* or purchased images)

Artists reference and canvas/framed artwork – where the resulting artwork is for sale. Extended License

Flash cards, language courses and online learning systems etc. - where the images are integral to the functioning of the system, e.g. a picture is shown and has to be identified. Extended License

Product packaging or labels. Extended License

Products or printed merchandise for mass distribution where the image is the sole, or a main, reason the product would be chosen; whether the item is distributed free of charge or sold. This includes, but isn_qt_t limited to:

Greeting cards, mugs, T-shirts, calendars, jigsaws and other puzzles.
End user application templates, e.g. PowerPoint presentation or Word document templates.
Desktop wallpaper.
Facebook profile or cover pictures.
Twitter avatar or backgrounds.
Web templates, e.g. templates distributed via Theme Forest or Template Monster.

This excludes distribution on merchandise sites, see below.

Extended License
Products or printed merchandise for resale on merchandise sites such as Zazzle and Cafe Press. Prohibited – no license available
Logos and other corporate identity devices which may acquire trademark or copyright protection. Prohibited – no license available
Pornographic, unlawful or defamatory uses. Prohibited – no license available
Infringement of copyright, trade name, trademark or service mark. Prohibited – no license available
Redistribution or resale as a digital or printed image. Prohibited – no license available
* Images which are downloaded free of charge are all provided under the Standard License. You must publish an acknowledgement wherever the image is used to acknowledge Photooh.com and the copyright holder for that image (i.e. the person who created the image).

* Images which are downloaded free of charge are all provided under the Standard License. You must publish an acknowledgement wherever the image is used to acknowledge Photooh.com and the copyright holder for that image (i.e. the person who created the image), when applicable.

7.1. Editorial images

Editorial images may not be used for commercial or promotional purposes. This means that the images may not be used for any purpose which will directly result in you making money.

Editorial images may be used to illustrate truthful articles in printed or electronic media such as websites, magazines, newsletters, books, broadcasts and newspapers.

Editorial images may not be used in advertising, advertorials, commercial brochures, commercial websites or product packaging.

When these restrictions apply to a picture it is clearly labeled as an ‘editorial image’ when you view and download it, for example the small Free Image.

Please note that the terms of our Standard License still apply to these images, these additional restrictions are to protect the personal, or intellectual, rights of the subject of the image.

We understand that the various licensing options for stock images can be confusing, so please don_qt_t hesitate to contact us, Legal@Photooh.com if you would like clarification on any of the above information.

8. Terms specific to Free images

If You use a Free version of an image (that is, an image for which You do not make payment) You must publish an acknowledgement, on the same page or screen where the image is used, to Photooh.com and the image creator. This is mandatory and forms part of the user agreement. Please above for more information about publishing an acknowledgment.

If You are unable or unwilling to comply with this term then You must purchase the image in order to use it. Publishing an acknowledgement is optional for Purchased images.

Downloading an image (whether Free or Purchased) does not transfer the copyright, merely a license to use the image for the purposes stated above. You may not claim that the image is Your own.

Unauthorized use of these images constitutes copyright infringement and shall entitle Photooh.com and/or its Contributors to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such images