Terms and Conditions
Welcome to Zamstockphotos.com, the website and online service of Zamstock. This page explains the terms by which you may use our website. By using our service, you agree to be bound by this Terms of Use Agreement (“Agreement”).
Zamstock is a contributor run agency. We are made up of photographers, and other creatives that want to retain as much artistic control of our work as possible while providing customers easy access to it. Our simple licensing and pricing has been implemented to ensure that contributors are properly compensated for their work, while providing customers some of the most competitive pricing available.
Contributor Guidelines
You agree to follow Zamstock’s contributor guidelines if:
- Your work is technically sound as per the professional industry standard;
- Your work does not infringe on the copyright of any third parties;
- You have marked editorial media as such; Zamstock operates an online media licensing service on your behalf. Customers pay a fee through the service to license your stock media.
- You acknowledge and agree that users may make broad use of such stock media for the stated fee and are under no obligation to inform Zamstock or you of the uses made of any submitted content.
- You agree to ensure that all stock edia is unique and of commercial value;
- The work is created by you, the contributor, and that you hold full intellectual property rights to it;
- That you hold all the necessary model or property releases necessary to license said stock media;
- That you have correctly keyworded, tagged and titled your stock media, without the use of excessive or irrelevant keywords, and that you are not submitting reasonably or absolutely duplicate content to the Zamstock service
Ownership, Releases and Your License Grant
Nothing contained in this Agreement shall be construed to transfer any copyrights to Zamstockphotos.com. The copyrights in and to all stock media remains with the owner of such copyrights. Any and all stock media submitted to the service must be your own original work that you own all the copyright rights to.
By submitting stock media to Zamstock, you certify that you have attained valid and accurate releases for all non-editorial stock media you upload to Zamstock that contains an identifiable face, identifiable person, other identifiable attribute, or property. If you do not have a release for the stock media that contains an image(s) of an identifiable person or property, you may only submit these images for editorial use only. You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records for all your stock media. You acknowledge and agree that the submission of falsified, inaccurate or otherwise defective information regarding the acquisition of releases on your part for your stock media constitutes a material breach of this Agreement and can result in the immediate termination of your account without prior notice.
By submitting any stock media to the service, you hereby grant Zamstock, a worldwide, non-exclusive right and license to copy, reproduce, create derivative works, publicly display, market, and sell any stock media uploaded by you and accepted by Zamstock, subject to the terms and conditions of this Agreement. In addition, Zamstock shall have the right to license on your behalf all stock media with our One-Time Use License, Unlimited RF License, or any other license offered by Zamstock on your behalf. The specific terms that will govern specific stock media will be determined by the license under which a particular user downloads such stock media.
You also agree that by submitting any stock media to the service, that Zamstock may, at its own discretion, refund any users that license any such stock media that is found to have technical faults. You agree to submit to Zamstock stock media that has been scrutinised sufficiently so as to minimise any such technical faults. Zamstock will determine the nature of a “technical fault” at its own discretions.
Customers and Contributors
When a Customer licenses media from a Contributor through Zamstock, a contract is created between the Customer and Contributor. Accordingly, we may provide both the Customer and Contributor limited access to information regarding the other, including their names and email addresses. If required, additional information may be provided if warranted. Neither member’s billing or financial information will be shared with either party.
Both parties agree to use such information only within the capacity to fulfil and maintain the contract under which the relationship has been created. Neither party is permitted to export, aggregate, collect or use this contact information for any purpose other than as explained above. Using such contact information for the purpose of advertising, sales or lists of any kind is strictly forbidden.
Contributors may not contact Customers for any reason other than critical or contractual related changes or breaches. Customers may contact Contributors for any purpose that facilitates enhancing their use of the licensed media.
Payment Amounts and Payment Terms
Zamstock will deduct 30% of the value of each successful purchase of your Stock Media for which Zamstock receives payment. The current fees are set forth on our purchase page. Zamstock may modify the fees and/or payment schedule at any time. If Zamstock does modify the fee, the fee earned before the effective change in rates will be credited at the rate in effect at the time such fees were earned.
Payment of fees are made automatically to the account you provide every three months when the balance is above $50. If your account is cancelled for a breach of this Agreement, any royalties and/or other compensation otherwise payable to you will be forfeited by you.
If you are credited with a license sale or license sales and Zamstock thereafter issues a refund to an individual or company that licensed any of your Contributor Content, Zamstock will have the right to deduct the fees credited to your account. Credit card chargebacks will be treated in the same manner as refunded license purchases. If Zamstock makes an overpayment of fees or other compensation to you for any reason, Zamstock shall have the right to deduct the amount of such overpayment from your accrued fees.
Disclaimers
Zamstock shall not be liable to you for any costs, expenses, loss or damage (whether direct, indirect or consequential and whether economic or other) arising from:
- A licensee, or any other third party, breaching and/or exceeding the rights granted to them in the stock media by Zamstock, and any unauthorised access to the service which is malicious or technologically harmful which results in a breach of your intellectual property rights in the stock media.
- You understand that Zamstock makes no warrant as to the intended or actual use of any licensed stock media by Zamstock, and that any licensing contract entered into between you, the Contributor, and a user of Zamstock that purchases a license to use said stock media, is between you and said user. Zamstock operates as a passive enabler of the licensing transaction and the licensing contract created between the Contributor and licensee remains between those two parties.
- You agree to hold Zamstock harmless with regard to any damages, perceived or actual, arising as a result of your stock media being available for license via the service, including but not limited to the storage of your images for the purpose of providing said service, the sale of any stock media through the service.
- You agree that by submitting any stock media to Zamstock for the purpose of licensing to customers, you hold absolute copyright to the stock media, and that you have full rights to license the media as per our licensing terms. You agree to assume all liability and responsibility for all damages, perceived or actual, arising as a result of copyright infringements related to any stock media submitted to Zamstock by you.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or to the Contributor, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement with the Contributor will not exceed the total commissions paid or payable to you under this Agreement. However, Zamstock will endeavour to provide all information in our possession that may help the owner of the work to take further action.
Termination
Contributors must notify us in writing via e-mail to request the termination of their account. Once received, Zamstock will, within six months, remove Contributor images from the Zamstock search results. Contributors that terminate their accounts with Zamstock will still maintain their licensed contracts with customers that may have previously licensed stock media from said Contributors through the use of the service.
Binding Arbitration
By participating as a Contributor, you agree to binding arbitration for any disputes or claims that arise against Zamstockphotos.com in conjunction with this program. An arbitration firm selected and agreeable to both parties will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.