Terms of Service

1. Terms of Use
The following is a legal agreement between You and the owners and operators of Fotoisme.net. By using the Website You agree to be bound by the terms of this Agreement. If You do not agree with the Terms of use, please do not use the Website.

This agreement may be revised or updated without notice. You are advised to review it regularly.

2. The use of this Website
You warrant that You are of legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree that You are responsible for all of your use of the site including for the use of your account by others.

The Website contains images uploaded by its contributors and members. All images and their descriptions and presentation in general (“Images”) on the Website are the property of either Fotoisme.net and/or its contributors members and are protected by international copyright laws. Use of these Images without license is prohibited.

The use of Images are governed on the Image License Agreement’s section.

Fotoisme.net and its contributors and 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 on it. Fotoisme.net cannot be held liable for any losses or damages resulting from the inaccurary of any information on the Website.

3. Uploading Images
Both parties acknowledge that from time to time You may upload photographs or graphics to the Website, and Fotoisme.net will screen these uploads to see if they are suitable for distribution.

You authorize Fotoisme.net to be your non-exclusive agent that licenses Images FOR FREE to third parties based on the terms that can be found the Image License Agreement alongside the restrictions specified at each Image. Fotoisme.net agrees not to sell these Images under any circumstances and not to distribute them outside the Website.

You also acknowledge that the Images may be used for promotional purposes for the Website or your gallery on Fotoisme.net.

Furthermore, You acknowledge that Fotoisme.net does not allow the upload of Images that infringe on any copyright, property right, trademark or any other applicable right.

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.

You acknowledge that even though We do our best to prevent it from happening, Fotoisme.net cannot be held responsible for the misuse or abuse of any Image.

We also reserve the right to remove any approved Image at any time if We believe it’s defective, of poor quality or infringe on any right. Serious copyright infringement issues such as uploading Images found on other stock photography sites result in the termination of this Agreement, the termination of your membership, and possible criminal prosecution.

4. Termination
Both parties can terminate your image contribution or membership account for any reason with a written notice and proof of identity. Upon termination Fotoisme.net removes all your Images from the Website. You acknowledge that because of copyright infringement or other kinds of serious – or even malicious – acts, you may face more serious consequences.

5. Image license agreement
The following is a legal agreement between You and the owners of Fotoisme.net which governs the use of non-watermarked images (“Images”) downloaded from our Website. By downloading an Image You agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If You do not agree with these terms, You are not allowed to download the Image.

All Images on the Website are copyrighted and they are the properties of Fotoisme.net or its Image providers. All rights are reserved unless otherwise granted to You. Your rights to use the Image are subject to this agreement and the restrictions specified at each Image.

We hereby grant to You a non-exclusive, non-transferable license to use the Image on the terms and conditions explained in this Agreement and on the Image preview page FREE OF CHARGE.

6. You may use the Image: 
a. Free
• Along with your corporate identity on business cards, letterhead, etc.
• In digital format on websites, multimedia presentations, broadcast film and video, cell phones.
• In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.
• To decorate your home, your office or any public place.

b. Personal Use
• Without any branding or corporate identity.
• In digital format on personal websites, personal presentations, personal cell phones, personal computers.
• In printed materials, internal newsletters, personal invitations and personal business cards.
• To decorate your home, your office or your workplace.

7. You may not use the Image
• For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, sociteties, cultures.
• To endorse products and services if it depicts a person.
• In a way that can give a bad name to Fotoisme.net or the person(s) depicted on the Image.
• As part of a trademark, service mark or logo.
• SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! 

8. Always ask permission from the photographer if you want to use the Image
• 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, or on any similar mass produced item that would contain the Image in a dominant way.

9. Information on rights
Since Fotoisme.net 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.

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. Fotoisme.net 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 that by your download the 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 do your best to prevent third parties from duplicating the Image.

You also agree to take the time to comment on and rate the Image you downloaded and do your best to show the work you created with the Image to the photographer. This is a simple thing and means a lot to many of our contributors who simply would like to know how their work is used.

Fotoisme.net cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its system. If you want to make sure, always contact the photographers. You use the site and the photos at your own risk!

10. Indemnification
You agree to indemnify, defend, and hold harmless Fotoisme.net 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.

11. 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. FOTOISME.NET 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.

FOTOISME.NET 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.