Terms and Conditions for Members of Photo4me.com

1. It is a condition of membership that the Member agrees to comply with and be bound by the terms and conditions of use set out below and any other policies the Photo4me website introduces or puts in place, which together with Photo4me privacy policy govern Photo4me’s relationship with the Member in relation to this website.

Copyright

2. The Member is the owner of the image including the copyright therein and if there is any illegalities of the image uploaded by the member this is the members responsibility and the member will be liable. No liability or responsibility will transfer to photo4me.com and photo4me.com will cooperate with all legal requests to the best of their ability.
3. The Member agrees to take full responsibility for images uploaded to the website in respect of copyright, exclusive deals at competitor websites, rights management and ownership.
4. Photo4me does not accept liability for breach of any arrangements the Member may have with any third party.
5. The Member must not upload images where the sole focus of the image is a Trademark or Copyright works, if the Member is in doubt the Member should endeavour to make the necessary enquiries.
6. Plagiarising, copy or passing off of another artists work or copyrighted images is strictly forbidden.

Model Release, Credits and Consent

7. For all image with recognisable feature – face, clothing etc the Member will require to provide a model release.
8. When photographing art on any medium – i.e. painting, tattoo etc – the Member will need to ensure the necessary consents are obtained from the artist, owner or model.
9. Where a model release is necessary and not provided the picture will be decline by Photo4me.
10. The member must credit all artists in a compilation work and ensure the consent is in respect of the compilation as well as the use of the work.
11. Photographs taken in a public place do not require a model release in the UK.

Profit

12. The Member will decide the profit margin on the art/photography that is being sold.
13. The Member will keep 100% of the profit margin the Member has set for themselves. Photo4me may sell the picture for a sum that they see fit and the Member will recover the profit they have set which will differ from the sum the picture is sold for.

Transactional arrangements and requirements

14. Photo4me will not resell the image outside of the Photo4me website transactions.
15. In the event a company or organisation would like to use your images digitally, for any use other than wall art, Photo4me would ask the Member for permission. Upon the Member agreeing to this the company/organisation will sign a licensing agreement licensing the use as specified and agreed by the Member and Company/Organisation.
16. Most payments are process by Paypal unless a Purchaser sends a cheque. Where a cheque is received the image will not be dispatched until the cheque has cleared in the Photo4me account. Some payments are made by purchasers using a bank transfer.
17. Payment to the Member following a sale requires the Member to have a valid email address and a Paypal account for secure payment to be made by Photo4me to the Member.
    1. PayPal is Photo4me’s sole payment system to members. Members are responsible for the upkeep of, and claiming of funds into, their PayPal accounts. Should a member fail to maintain his or her PayPal account or to collect any payments due to him or her into the account and the funds are returned to Photo4me, the member has 365 days from the original payment date to request Photo4me to re-attempt the transfer. If the member fails to make a such a request within this period, the member will forfeit any balances of funds to Photo4me.
18. Printing of images that have been purchased are outsourced to a third party and Photo4me are not responsible for the work undertaken by a third party but will endeavour to use reputable third parties.
19. Where the image uploaded by the Member is of insufficient quality Photo4me will email the Member requesting a larger or higher resolution file. The digital image file must be sent as a Jpeg at a minimum of 1MB to a max of 35MB’s and set to the print size requested by Photo4me by email within 3 days of the request being made.
20. Photo4me offer a 30 day money back guarantee to customers on purchases made on the website. The customer has 30 days from receipt of the item purchased to notify and return/destroy the item. If the customer is satisfied with the item Photo4me will automatically pay the Member 30 days after the date of delivery to the customer. In the event the customer is not satisfied and the customer requires a new printed item to be sent the 30 days will start again from the date of receipt of the second item. Photo4me will account to the Member for payment of such Members profit only after the expiry of the last 30 day period.
21. Members are advised to check the ‘My Sales’ tab on the log-in area. Usually Photo4me will email Members to inform them of a sale but some Members switch this function off and the emails are not sent. Therefore every Member is responsible for checking the ‘My Sales’ function on the log-in area to keep up to date with their own sales accounts.
22. Reproduction of content from the Photo4me website is strictly prohibited.

Disclaimer

23. Photo4me advertises on Google Shopping among other online websites which have their own terms and conditions which Photo4me will need to adhere to. Some websites do not allow all images to be watermarked and the Member acknowledges that in some circumstances watermarking will not be available.
24. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Rights reserved by Photo4me.com

25. Photo4me reserve the right to delete your entire portfolio without notice if in the sole discretion of Photo4me are satisfied that an image has been plagiarised by the Member in breach of this agreement or for any other reason in their sole discretion without notice.

Data Protection

26. The website uses cookies to observer the browsing preferences of its users.
27. We may collect, store and use the following kinds of personal information:
    1. information that the Members provides to Photo4me when registering with the website (including your email address);
    2. information that Member provides Photo4me when registering a profile on Photo4me.com (including Members name, pictures, gender, date of birth, interests and hobbies etc);
    3. information that the Member provides to Photo4me for the purpose of subscribing to email notifications and newsletters;
    4. information relating to any sales the Member makes of their pictures/images or any other transactions that the Member enter into through Photo4me.com (including your name, address, telephone number and email address);
    5. information posted by a Member on the Photo4me website for publication on the internet (including user name, profile pictures and the content of the Members posts);
    6. information within or relating to any communication that a Member send to the administrators of Photo4me or send through the Photo4me website (including the content and data related to the communication); and
    7. any other personal information that the Member at their free will sends to Photo4me.
28. Personal information submitted through the website will be used for the purposes specified in this policy or on the relevant pages of the Photo4me.
29. Member’s personal information may be used by Photo4me for the following:
    1. administering the Photo4me website and business;
    2. personalising the Photo4me website for each Member;
    3. to enable the Member to have a user experience of the website;
    4. to enable Photo4me to transact with the Member through website by sending updates on purchases and reminders;
    5. sending the Member email notifications that the Member has specifically requested;
    6. dealing with enquiries and complaints made the Member or about the Member relating to the Members use of Photo4me;
    7. keeping the Photo4me website secure and preventing fraud;
    8. to verify compliance with the terms and conditions governing the use of Photo4me with may including monitoring private messages sent through our the website private messaging/emailing service); and
30. If the Member submits personal information for publication on the Photo4me website, Photo4me may publish and use that information in accordance with the licence granted by the Member to Photo4me.
31. A Member’s personal information will not be shared with any third party without the express consent of the Member.
32. Personal information the Member publishes on the Photo4me website which is available online around the world, Photo4me cannot prevent other Members using/misusing any information posted by a Member on its website.
33. A Member’s personal information may be disclosed to employees, group companies, professional advisers, suppliers, agents etc if reasonably requires for the purposes set out in this policy.
34. Member’s personal information may be disclosed in the following circumstances:
    • If Photo4me are required to do so by law;
    • in connection with any legal proceedings that may be ongoing or forthcoming;
    • in the event Photo4me need to establish, exercise or defend their legal rights or those of other members of Photo4me including the provision of information to others for the purposes of fraud prevention and security.
    • Where the company is being sold to the prospective purchaser and their legal advisers.
35. Members expressly agree to the transfer of their information as described and set out in these terms and conditions.
36. Photo4me will take reasonable precautions to prevent loss and misuse of Members personal information, by storing such information on a secure servers with firewall protection, however Photo4me cannot guarantee the security of data/information sent over the internet due to the transmission of information being subject to risk of hackers/viruses etc.

Moral Rights

37. The Member, being the sole author of the Work, asserts the Member's moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the work/image being uploaded.
38. Pornographic images are prohibited and the Member must not upload nude art or any other images which may be deemed at Photo4me’s sole discretion as vulgar.

Indemnity

39. The Member shall indemnify Photo4me against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and all legal/professional costs on a full indemnity basis, suffered or incurred by Photo4me arising in connection with:
    1. The Members breach or negligent performance or non-performance including any product liability claim relating to images supplied by the Member.
    2. Any claim made against Photo4me by a third party relating to images provided by a Member

Governing Law

40. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales

Jurisdiction

41. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims)

Miscellaneous

42. Photo4me does not accept any responsibility for loss of files.
43. The content on the pages of this website are for general information and use, and are subject to change without notice at Photo4me’s sole discretion.
44. Photo4me is not liable or responsible for any damage or damages to your computer, tablet, mobile device, camera, or any other electronic and/or photographic device at any time.
45. Members are responsible for their own safety and photo4me will not accept any responsibility for any injury or death in cases where an accident has occurred while the Member has been in the process of taking photographs or on the way to or back from taking photographs.
46. Photo4me offer a backup service for files that are uploaded. Members that choose to use this service will be required to make a donation in excess of £10 per month to Children in Need before they can access the service. This service allows 500 downloads or 30 days per month.
47. Members are responsible for all their personal tax affairs (including claiming VAT) related to selling on the Photo4me website. Photo4me is not responsible for dealing with any tax related matters on behalf of a member, nor will Photo4me be responsible for claiming any VAT from earnings on behalf of a Member.
48. Photo4me reserve the right to amend these terms and conditions at their discretion, so the Members are responsible for checking these from time to time for any amendments that may have been made. Photo4me may not necessarily email/notify the Member when changes have been made.