Terms and Conditions

1. General

1.1 These Terms and Conditions (hereinafter, referred to as 'the Terms”) for the website http://photoopenstock.com (hereinafter, referred to as the 'Website”) constitute a legal agreement between the user (hereinafter, referred to as 'you”, 'your”, 'user”) of the Website and Leonardo Angeloro Di Cunto having a principal place of business at Orinoco 5230 (hereinafter, referred to as 'the Company”, 'we”, 'us”, 'our”). The Website is owned and operated by the Company. By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website.

The Company reserves the right to modify or amend these Terms from time to time without notice. If you continue using the Website following the posting of changes to the Terms, you declare that you accept those changes. The Company reserves the right to update and change our pricing structure as needed without notice.

2. Users of the Website

2.1 The Users of the website can be two types, normal members and Contributors.
2.2 The Contributors are those who upload images on the Website. The Contributor's rights in the images are protected by the international copyright laws. The Normal members, users or visitors, are those who download images

3. Responsibility of the users

3.1 You are solely responsible for determining whether your use of any image requires the consent of any third party.
3.2 Your use of the Website and any images shall comply with all applicable laws in the country in which you operate.
3.3 You agree to upload only images that you have the intellectual property rights to use. If you are found infringing copyright laws, you will solely be responsible for the infringements.

4. Licenses

4.1 These Terms apply equally to personal, corporate, educational and charitable use. The images published on the Website can be used subject to the terms of the appropriate licenses set out below.
4.2 We offer three types of Licenses for our images, namely, (1) Free License, (2) Standard License, and (3) Editorial Use Only License.
4.3 The Free License gives you the right to use an image for yourself, or on behalf of your client. However, the Free License does not give you the right to sell, distribute or re-distribute on the image(s) or to sub-License it to anyone else. You are allowed to publish an image licensed under a Free License only if you add an acknowledgment to the image. If you intend to publish the image on a webpage, you would need to add the source code to the webpage displaying the image, just right below the image. The code contains a credit of the photographer, link to the photo, and the profile of the photographer. The code is provided to you when downloading the image. The text under the image will finally look like this: 'Image Title” by Username. The Image Title will refer to a link of the image. The Username will refer to a link to the photographer profile. For smartphones apps or tablet apps uses, you need also to publish a link when the photo appears in the credit section of the app. If you intend to publish an image on a paper medium, you would need to add an acknowledgment containing the name of the image, the name of the user, and the following text 'Photo Open Stock.com” (Example: 'Image title” by 'User name” | Photo Open Stock.com). Unauthorized use of the images shall entitle the Company or its contributors to exercise legal action against users that have used images contrary to the provisions of the Free License.
4.4 A Standard License gives you the right to use the image for all purposes and to sell the image on any merchandise produced by you, except for those cases when the image prevail as the main reason for people to buy an item. Such cases include, but are not limited to, printing the image on T-shirts, mugs, greeting cards, etc. In those cases, you would need an extended license which is not available right now as an automatic option but can be negotiated with us through direct communication. In that case please Contact us. This also excludes the right to use the image in any way on any print-on-demand website including, but not limited to, Zazzle or Cafepress.
4.5 The Editorial Use Only License is to be used as a visual reference for articles, news, etc. It gives you the right to use the image in all non-commercial, not-for profit and personal 'fair-use” applications including: books and book covers; magazines; newspapers; editorials; newsletters; press releases; personal blogs; video; broadcast and theatrical presentations, web pages and PowerPoint (or similar) presentations. Images licensed under an Editorial License MUST NOT be used in any: (1) commercial and for-profit applications (e.g. prints, posters, and other reproductions for commercial purposes); (2) advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards.Images licensed under the Editorial Use Only License do not need model or property releases.
4.6 Under no License, you can use images for: (1) resale on merchandise sites such as Zazzle and CafePress; (2) pornographic, unlawful or defamatory uses, and (3) infringement of copyright, trade name, trademark or service mark.
4.7 The Company may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of these Terms. If a license is revoked, you agree to immediately stop using the Website and the images, delete all images and all copies from all media and destroy all other copies.
4.8 Here is a list of the allowed uses, if you have any doubt concerning this or other uses, please contact us.

List of allowed uses for photos

For Editorial Uses other restrictions applies because they can’t be used for commercial or promotional purposes.

Here are some examples of aceptable and not aceptable uses for editorial images:

5. Your acknowledgments and agreements

5.1 By using the Website, you acknowledge and agree with the following statements:
(1) any review of uploaded images that may be performed by the PhotoOpenStock team before making the images available to the public is cursory and only intended to keep the desire quality standard of the photos and to avoid immediately obvious violations of these Terms. If an image has no obvious proprietary marking that indicates an exclusive owner, the Company cannot be deemed to have actual knowledge that the image infringes upon any third party's rights. In order to bring to an end infringements of intellectual property rights, the Company relies entirely on properly presented notifications from third parties claiming that their rights have been violated;
(2) the Contributor, by uploading an image, asserts and confirms that he/she possesses the intellectual property rights required for uploading that image;
(3) the Company has no ability to control the activities of Contributors who create and upload images to the Website. If a Contributor infringes upon a third party's rights by creating or uploading an image, that Contributor will be solely responsible for that infringement. The Company has no control over such activity.
(4) all fees collected by the Company are collected by the Company as an agent for the Contributors.
(5) downloading an image does not transfer the copyright, but merely a license to use the image for the purposes stated above. You may not claim that the image is your own.
(6) You are solely responsible for the use of any image in combination with any other material. You agree not to use images in sensitive topics without the explicit content of the Company. Such sensitive topics include, but are not limited to: crime, models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, as well as other subjects that can be considered to be offensive or unflattering to any of the models included in the image.

6. Manipulations of images

6.1 You are allowed to manipulate and modify images published. Also, you are allowed to include images published on the Website in composites to achieve a desired effect. The ownership of the copyright of manipulated, deviated and modified image remains with the Contributor and may not be assumed by any other person if the original image is still identifiable in part or in whole.
6.2 You may not sell or redistribute images where the original image used in the image is distinguishable in the compilation as a primary component unless the use is specifically granted under the terms of the Standard License.
6.3 Images used in manipulated, modified or deviated form in a composition that are so thoroughly incorporated that they are not reasonably identifiable are not subject to these restrictions.

7. Model and property releases

7.1 We require our Contributors to provide us with a model release or property release which authorizes them to sell images of persons or properties shown on the images. Images licensed under the Editorial Use Only License do not need model or property releases. For more information on model and property releases, please refer to the Upload Guidelines.

8. Refund policy

8.1 If you have downloaded an image that has technical flaws please contact us. At our sole discretion, we will either replace the image at no extra cost or refund any fee you have paid for the image. 

9. Notification of copyright infringement

9.1 The Company may terminate the accounts of Contributors who upload images onto the Website which may infringe the intellectual property rights of others.
9.2 If you believe that an image published on the Website infringes your intellectual property rights, complete the 'Flag this photo' form accessible from every image on the Website. Alternatively, you can send us a notice containing: (1) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (2) a description of the image that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (3) a description of where the material that you claim is infringing is located on the Website; (4) information sufficient to permit the Company to contact you, such as your address, email address, and telephone number; (5) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. The address of the Company is Orinoco 5230, Montevideo, Uruguay.

10. Use of the Website

10.1 Anyone can register an account on the Website. In order to enter in the Website, you can also use your Google, Facebook, Twitter and Yahoo accounts. Without registering an account on the Website, you cannot download or upload images and use most of the features of the Website.
10.2 In order to upload images on the Website, you have to sign a Contributor’s agreement which will be shown to you before uploading the first image.
10.3 After a Contributor uploads photos, they will be sent to the administrators of the Website for approval. They will be published as soon as the administrators approve them.
10.4 Contributors are entitled to change the title, tags, category, and the description of an image before the first copy of that image is sold through the Website.
10.5 Images published on the Website can be seen by Users who have account on the Website as well as by Users who do not have an account on the Website. However, only Users who registered an account on the Website will be able to download images published on the Website.
10.6 The images published on the Website will be available in several sizes of which the smallest is provided under the Free License.
10.7 If a user purchases a photo published on the Website, he/she will obtain the right to use the photo under the Standard License.

11. Payments

11.1 Payments for purchasing images should be done through PayPal. After you pay the sum required for the purchase of an image, PayPal will redirect you to the Website and give you the option to download the purchased image. The email and transaction number from PayPal serve as a proof of the purchase of the image. The purchased images can be downloaded from the account of the User without time limits unless the image was removed for violations of these Terms.
11.2 The Contributor’s agreement signed between the Contributors and the Company governs the payments due to the Contributors by the Company.

12. Termination of user accounts

12.1 You may request termination of your account at any time, for any reason. Images that have been downloaded by users prior to their removal from the Website will remain properly licensed. We are unable to revoke licenses, which, have previously been granted.

13. Indemnity

13.1 You agree to indemnify and hold harmless the Company and its agents, affiliates, consultants, directors, employees, officers, and anyone providing information or software used in the Website from any and all claims arising from your use of the Website.

14. Exclusion of liability

14.1 The Company provides images supplied by the Contributors in good faith but without any responsibility that the Contributor is entitled to place the image on the website.  Therefore, you are responsible for ensuring that your use of any image complies with the applicable law and regulations.

15. Links

15.1 The Website is linked to third party websites. The linked websites are outside the control of the Company. The Company is not responsible for the content of any linked website or any link contained in a linked site. The linked websites are not endorsed nor recommended by the Company.

16. Governing Law

16.1 The Terms shall be governed by the laws of Uruguay. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Uruguay for all disputes arising out of or relating to these Terms.

17. Last amendment

17.1 These Terms have been last amended on 20th of August 2013.