Terms and Conditions

Please carefully read through these General Terms and Conditions regarding the licensing and delivery of images before using this website or ordering image licenses. You must agree with the General Terms and Conditions in order to purchase or sell image licenses.

1 General
1.1 The website freephotos.cc and its services are a product of the company Stock Photos. Stock Photos (»Stock Photos«) operates a platform for online sales of royalty-free image licenses for digital images.

1.2 The General Terms and Conditions are valid for all use of the Stock Photos site; in particular, customers and photographers are considered to be in agreement with the General Terms and Conditions upon registering. The General Terms and Conditions are valid within the scope of an ongoing business relationship as well as for all future product offers, services, orders, contract completions and deliveries, even if not explicitly mentioned. They are also valid when access to or use of services occurs outside of Germany. An agency agreement between photographers and Stock Photos shall be valid in addition to these General Terms and Conditions.

1.3 All offerings, shipments, and granting of license rights are without engagement only and do not exclusively apply to the following General Business Terms and Conditions.

1.4 Any conditions deviating from these terms must be agreed on in writing; opposing terms and conditions from contractual partners shall only apply with explicit written approval from Stock Photos.

2 Subject matter of the contract
2.1 Within the meaning of these General Terms and Conditions, Stock Photos is offering royalty-free licences for images; however, the property rights of the images are not sold.

2.2 Royalty-free images are copyrighted images offered by the originator (photographer) for sublicensing by Stock Photos according to Point 4 of these General Terms and Conditions.

3 Services
3.1 Stock Photos allows customers free access to the online database freephotos.cc. Customers may use the database to search online for photos stored there and transfer them as preview images or licensed high-resolution images.

3.2 Prior to conclusion of the first contract, the customer must register with Stock Photos. In doing so, he receives a user name and password, which are treated as confidential. Transfer to third parties is not permitted. If access data is abused at the fault of the customer, they are responsible for the resulting damages.

3.3 Conclusion of the contract takes place strictly via the Internet. In order for the contract to be concluded, the customer confirms a second time while placing the order that he understand and accepts these General Terms and Conditions. Only then shall the order and payment procedures be successfully concluded and the customer granted access to download the respective images. The images will remain in the customer's personal account and available for download for a maximum of six months after purchase.

3.4 Neither photographers nor customers shall hold claim to constant accessibility to the Stock Photos database. Stock Photos may at anytime temporarily or permanently shut down the server as well as change, delete or add to the contents stored there.

3.5 Any kind of automated access to Stock Photos images or the database using external scripts, download managers or other comparable functions/tools outside of the prescribed ordering process is prohibited and subject to criminal prosecution. The customer is subject to a penalty of up to EUR 10,000 for every infringement or attempted infringement.

4 Licenses
Image offered on freephotos.cc are provided for sale by multiple photographers. The images are subject to copyright protection. Ownership rights and copyrights are non-transferable even with compensation for damages and/or other charges and fees.

With payment of the licensing fee, the customer acquires the non-exclusive, worldwide, non-transferable and non-sub-licensable right to use the selected images for his own information, illustration or advertising purposes. All other rights to the images, including all copyrights, shall remain with Stock Photos and the photographer respectively.

If an image is labeled "only for editorial use", the image is only approved for editorial purposes (press articles, reporting, teaching materials).

Stock Photos offers two different types of image licenses: the Standard license and the Extended license.

4.1 Standard license
The standard license allows the non-exclusive, worldwide, non-transferable and non-sub-licensable right to use of the images for the Permitted Uses (as defined below). All other rights in and to the images including, without limitation, all copyright and other intellectual property rights relating to the images, are retained by Stock Photos or the respective photographers.

Permitted standard license uses:

4.1.1 Online or electronic publications, such as internet, intranet, CDs, newsletter, online- and multimedia presentations, online advertising, banner, pdf-documents, illustration of mobile applications.

4.1.2 The use of images on social media platforms, such as Facebook or Google Plus which reserves unlimited rights of use for these images by uploading these images is possible as follows: The image is integrated into a composition or layout and an image of the final product is uploaded or a clearly visible watermark or copyright notice is graphically affixed. Uploading original image data on these platforms is not permitted.

4.1.3 Advertising and promotional projects, including printed materials, like brochures, advertisements, posters, displays, for product packaging, film and video presentations, commercials as well as for the manufacturing and non-commercial (free of charge) distribution of promotional products such as greeting cards, postcards, calendars, cups or posters (ie. not for resale or license)

4.1.4 Editorial publications, such as newspapers, magazines, press articles, books, textbooks, cd and book covers, school books and for tv, fim and video

4.1.5 Any other uses approved in writing by Stock Photos.

4.2 Duration of usage rights
The right of the customer to use the image is for an unlimited period of time.

4.3 Non-exclusiveness
The customer does not purchase exclusive usage rights, i.e. an unlimited number of users have the right to purchase usage rights for an image.

4.4 Transfer
The usage rights for an image may only be resold or transferred to a single third party to a limited extent provided the transfer occurs within the scope of fulfilment of a customer project, for example, in an advertising agency. Repeated use in projects conducted by different customers is not permitted. In this case, for each customer must be purchased an additional license. This is also valid for modified images or copies.

4.5 Image editing
The customer is allowed to reproduce, modify and edit the images for his own purposes as long as it can be assumed that the changes will not entail any disadvantages for the author, the model shown or for other third parties, as for example interference with the authors´ personal rights, damage to reputation, infringement of proprietary rights. The images may not be distorted by editing them.

5 Use of layout images
5.1 Preview images do not include any further usage rights. Exempt from this is use in designs with regard to the purchase of an image. You may use layout images for design purposes, sample layouts and presentations free of charge. Free layout images may not be used in end products - neither for internal nor external purposes.

5.2 Layout images may not be used on any other website, on a server with free Internet connection, on an Intranet of a company, on a CD, on a DVD or on any other comparable storage medium. A penalty of up to EUR 5,000 is to be paid for every infringement, regardless of any other possible damage claims.

6 Image credits
6.1 License materials used on websites and in an editorial or journalistic context must include in the imprint or in close spatial proximity and in the manner typical of such use a copyright notice.

7 Usage restrictions
7.1 The customer is prohibited from assigning, selling, ceding or transferring any rights granted to it under this agreement by sublicense.

7.2 Uses that could lead to the disparage of the persons illustrated as well as use in pornographic, defamatory, slanderous, racist, criminal, unlawful or other offensive contexts are prohibited and make the customer liable for damages. The use of images many not infringe upon third party rights, i.e. natural or legal persons.

7.3 The online provision of the images s in a downloadable format or distribution of the is not permitted.

7.4 The images or portions of the image may not be used in a logo or as trademarks or service marks.

8 Licence fee
8.1 The license prices and administration fees published on freephotos.cc are valid. Prices are always understood as net prices. In Germany any applicable value-added tax will be added.

8.2 Usage rights begin with the transfer of the high-resolution data of the image material. This is subject to the condition precedent of payment of the license fee.

8.3 The license fee is due for payment immediately upon conclusion of the ordering process.

8.4 If the intended publication or other use of the image material does not occur by way of the customer, Stock Photos is not obligated to take back said image material.

8.5 The license fee is due for payment immediately upon conclusion of the ordering process and is payable per advance payment, credit card, Paypal or in Germany per direct debit. Payments per invoice are only possible with appropriate clearance from Stock Photos.

9 Damages and limitations of liability
9.1 The customer is obliged to release and indemnify Stock Photos from all damages and liability claims by third parties arising from use of the image material that does not comply with the above-mentioned provisions.

9.2 Stock Photos shall not be liable for any approvals required for the use of images provisioned by photographers. This is particularly valid for images of persons, artistic works or architecture as well as any other images, which refer to the names, companies, brands, registered design patents or other trade mark rights of third parties. The customer bears the sole responsibility for obtaining the required permits for the relevant use of the image material.

9.3 Stock Photos assumes no liability for the availability of the online system and the content it contains.
Furthermore, Stock Photos is neither liable for any technical problems outside its sphere of responsibility nor damages caused by force majeure.

9.4 Stock Photos shall only be liable for damages based on intentional or gross negligence. This includes faults caused by vicarious agents or legal representatives.

10 Copyright
10.1 The image database available at freephotos.cc is subject to copyright protection as a whole. The content of the site on display and/or for sale including all images and text is either the property of Stock Photos or its photographers.
10.2 The website as a whole or its individual components may not be copied, stored, distributed, transmitted, transferred or utilized in any other manner without express permission. Violations against the conditions will result in the obligation to pay damages to Stock Photos or its photographers for any resulting losses, damages and costs.

11 Severability Clause
The invalidity or ineffectiveness of individual terms of the General Terms and Conditions does not affect the effectiveness of the other terms. The ineffective condition is to be replaced with an effective condition that most closely serves the economic interests of the contract parties.

Latest update: May 25, 2018