ZERO FOOTPRINTS Photographer License
Updated: August 17th, 2018
“In response to a couple of concerns over licensing rights we have updated the T & C’s to give you confidence that we are acting responsibility with your images and apologies if they were previously unclear. We only seek to promote and raise awareness on issues relating to climate change through your wonderful images and to raise funds to offset climate change through the Donate an Image concept. To be clear, you the photographer always retain copyright of any image you submit to Zero Footprints. With respect to our competitions we only seek an image license to exhibit relevant competition entries and to promote future competitions and activities of Zero Footprints. No images can be sold in any form through a competition license. With Donate an Image photos we ask for a non exclusive license promote Zero Footprint activities and to sell images via the website with all profits raised going to charity. We always seek to credit photographers for their work and ask any third party promoting Zero footprint activities to do likewise. To simplify the position, we will not henceforth seek to submit competition entries to “Donate an Image” or “Voices” without the prior written consent of the photographer. I hope this addresses any concerns you may have but please let me know if you need any further clarity. I hope you feel confident to enter the competition before 20th deadline in the knowledge that your images are suitably protected."
Please read these terms and conditions carefully. By submitting any photograph or video footage to Zero Footprints (the “Site”/ “Licensee”), be it for use on the website or for any competition, you agree to abide by and be bound by the terms described herein and by all terms, policies, and guidelines incorporated by reference. If you do not agree to all of the terms, do not submit your work to the Site.
A. You (the “Licensor”) hereby grant to Zero Footprints, and those working for them or on their behalf and their respective parents, subsidiaries, successors, licensees and assigns (collectively, the (“Permitted Parties”), a license to publish, exhibit, display, distribute, digitize or otherwise use the photographs and or video footage you’re submitting (collectively, the “Images”) (including but not limited to any names or likenesses of any people or entities and any trademarks or characters that appear in the Images), or to refrain from using them, in unlimited reproductions, in all forms of still media (including the internet and print), in perpetuity, anywhere in the world, without name credit, as frequently as the Permitted Parties in their sole discretion shall determine, in any manner and for any purpose in connection with advertising or trade in promoting and publicizing the Permitted Parties and their products or services.
B. Licensor agrees that the Permitted Parties shall have the right to alter, retouch, crop or use in composite form the Images in any way in connection with any uses permitted hereunder. In addition, Licensor understands that any materials incorporating the Images that may remain on display or in circulation following the expiration of any Zero Footprints exhibitions or projects shall not give rise to a claim against any of the Permitted Parties. Licensor agrees that the Permitted Parties shall have the right to retain file copies of any materials incorporating the Images and to use such materials anywhere in the world in any media for intracompany, research, file, reference, publicity and award purposes. Copyright of Images shall be retained by Licensor.
C. Additional Competition terms. With respect to any prizes associated with competitions there will be no cash or alternative prizes from those stated. There will be no refunds or part refunds for unfulfilled multiple entries. The judges decision is final. Once submitted into the competition images cannot be submitted to any other competition for the duration of the competition. Images should not have won any prior competition. Shortlisted entrants will be asked to provide a high resolution image together with original RAW file/untouched jpeg/scan/transparency/negative/etc. If these are not made available within 7 days of the request the image will be disqualified. A maximum of 20 images can be submitted into any competition by one individual. You should always keep a copy of your submissions as images will not be returned to the sender. The organisers accept no responsibility for any work submitted, loss, damage, disappointment as a result of entering the competition. Zero Footprints cannot accept any responsibility for security breaches or damage to computers or other equipment relating to participation in any competition. No employee of a sponsor or competition organiser can enter the competition. Winning images will be automatically liable to all other licence rules for the website. In entering a competition it is assumed that any image is available for use on the Donate an Image element of the site after winners have been announced. Please email the organisers directly if you do not wish any image to be used for purposes outside of the competition and its marketing. Zero Footprints reserves the right to amend competition rules at any time. Any entrant found to be in breach of any of the rules, including the submission of unpaid for entries can be disqualified at any time and the organisers can request the return of any prize.
II. CONFLICT: Licensor agrees that this License Agreement does not in any way conflict with any existing commitment of Licensor. However, the Permitted Parties do not maintain exclusive use of submitted Images.
III. REPRESENTATIONS AND WARRANTIES:
A. By submitting your work to the Site, you, the Licensor, represent and warrant that you are over the age of 18, and are lawfully able to accept these terms, and have the authority to enter into this License Agreement and to grant the rights granted herein. If you are using the Site on behalf of any entity, Licensor further represents and warrants that Licensor is authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Licensee for violations of these Site Terms. Licensor represents and warrants that Images are original with Licensor and may be used pursuant to this agreement without violating any laws.
B. You, the Licensor, represent and warrant that you own all rights in the Images and that the materials do not contain landmarks, trademarks, logos or trade dress owned by others, or any brand or product of any kind used without permission, to the extent permission is necessary; infringe on or violate any copyrights, patents, trademarks, trade secrets, rights of publicity, or other intellectual property, proprietary, or contractual right of a third party; or contain materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission. If you obtain permission for any third-party rights contained in Images, you agree to keep all applicable releases on file and will share releases with Permitted Parties upon requested. IV.
INDEMNIFICATIONS: Licensor hereby indemnifies and holds Permitted Parties harmless from and against any and all claims, damages, costs and expenses (including reasonable attorneys’ fees) arising from the use of the Images in accordance with this License Agreement or from any claimed breach by Licensor of any of its agreements, representations or warranties hereunder. Notwithstanding any other provision of this License Agreement, Licensee shall not be required actually to use the Images, and Licensee’s obligations to Licensor shall be fully discharged by the Licensee’s agreement to this License.
This licence agreement is governed by English Law.