Terms of Use
Terms & Conditions
This web site is owned and operated by Zero Photos Inc. All of the content featured or displayed on this web site is owned by Zero Photos and its content providers.
All content of this Zero Photos web site, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Zero Photos, no portion of this web site or its content may be copied or retransmitted via any means and this web site, its content and all related rights shall remain the exclusive property of Zero Photos or its licensors unless otherwise expressly agreed. You shall indemnify Zero Photos, its agents and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the content and related rights.
Copyright
Zero Photos remains highly protective of photographers' rights, and will not agree to undertake editorial assignment work where the client wishes to hold the copyright subsequently.
All images requested and purchased through Zero Photos are offered on an individual license basis. The copyright of the image is always retained by the photographer and Zero Photos. The licenses serve to protect the rights of all the photographer. This license will be sent to you by post or email once the license has been agreed, with the full Zero Photos terms and conditions.
If you know of, or suspect, copyright infringement, please contact us at zerophotoscollective@gmail.com
Usage Rights
When an image is licensed by Zero Photos, the usage is specified on the invoice and cannot be used for any other purpose without further agreement by Zero. The license will state the media use, language rights and the territories for the usage.
Usage Fee
A fee is generally payable to license any rights managed image. The fee is based on how the image is going to be used.
Cropping and Image Manipulation
Licensed photographs must not be altered, cropped or manipulated in any form without permission from Zero Photos. The rights to alter any photograph rests with the photographer and Zero Photos will seek their opinion on any alteration request. It is necessary to submit a request before the image is reproduced as this may affect the terms of the license and result in an additional charge on top of any agreed usage fee.
Captions
All image must be reproduced with or in the spirit of the accompanying caption. If there is any doubt by the licensee, then verification should be sought before publication. For example, an image of a police officer on a lunch break looking tired, cannot be captioned by the licensee as a lazy police taking time off when they should be working.
Credit Lines
With all editorial rights managed photography, the photographer should be credited with any reproduction of their work. The credit line should read © year photographer's name/Zero Photos. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. For all commercial and advertising uses, we would request that the licensee would use reasonable effort to provide the same credit line.
Published Images
Zero would always request at least two copies of any publication featuring an image reproduction upon publication.
Model Release
Most Zero photographers' work is of a documentary nature, whereby the photographer is documenting the world around them. This style of photography does not lend itself to the obtaining of model releases or other releases. Unless specified by Zero in writing, no model releases or other releases for any images. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, art animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Zero harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which:
(a) no release was furnished by Zero in writing.
(b) the use of any Image exceeds the scope of the release provided by Zero.
The licensee will also indemnify and hold Zero harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. Zero's liability for all claims shall not exceed in any event the total amount invoiced per particular image. Zero makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
Linking to Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided that you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Zero reserve the right to withdraw linking permission in our sole discretion.
Disputes and Claims
Users of the web site agree that the above terms are made pursuant to Article 2 of the Uniform Commercial Code and agrees to be bound by same. Objection to any terms must be made in writing within 10 days.
Any and all disputes (excluding claims arising in whole or in part, under the United States Copyright Act), arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York City, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles. Recipient hereby expressly consents to the jurisdiction of the Federal courts with respect to any claim arising under the United States Copyright Act.
Prohibited Acts
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; € to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any type of malicious code that will or may be used in any way that will affect the functionality of operation of the service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scape; (j) for any obscene or immoral purpose; or (k) to interfere with circumvent the security features of the service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
Third-Party Links
This website may include materials from third-parties.
Third-party links on this site may direct you a third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the use or purchase of goods, services, resources, content, or any transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Contact Information
Questions about the terms & conditions should be sent to zerophotoscollective@gmail.com