vivozoom is the first Microstock Business to warrant the use of its images.
Our Warranty guarantees that your use of any image licensed from us (so long as it’s within the terms of the license we grant you) will not result in a bona fide legal problem for you. For example we guarantee that you will not get:
- Legitimate claims from photographers, that the image you were using had not been licensed for resale to the image library you downloaded it from.
- Legitimate claims from property owners that the image you are using contains a protected property that cannot be depicted in an image for resale to the library that you downloaded it from.
- Legitimate claims from models that they had never granted the right to use their image to the photographer or library that licensed you the image.
If you do get a bona fide claim, we will defend you provided you notify us of the claim and permit us to handle the defense. We will be responsible for damages and costs up to $25,000.
Most do not. vivozoom is the first Microstock Business to warrant the use of its imagery.
It’s a shock to many clients when they read the small print:
123RF and the Content are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." 123RF……………………….When you access and acquire Content, you do so at your risk.…………………
Source: 123rf Standard License Oct 2009
DREAMSTIME PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, …
Source: Dreamstime Terms & Conditions Oct 2009
All images, files, and software distributed by BigStockPhoto are provided on an “as is” and “as available” basis and without warranties or conditions of any kind either express or implied. BigStockPhoto assumes no responsibility for any actions or liabilities arising from their possession or use.
Source: BigStockPhoto Image Usage Agreement Oct 2009
THE CONTENT IS PROVIDED "AS IS" AND LICENSOR MAKES NO REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE CONTENT OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT WILL MEET LICENSEE'S REQUIREMENTS
Source: CANSTOCKPHOTO End User License Agreement Oct 2009
The Shutterstock warranty is limited to $10,000 per subscriber, and if you want to make a claim you better ready to move very quickly as you will only have 5 days to formally notify Shutterstock with the appropriate information, as below:
This indemnification is conditioned upon you notifying Shutterstock, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., Shutterstock Image Number, a copy of the Image as used, name and contact information of person and/or entity making the claim, nature and date of alleged claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be faxed to Shutterstock at 1-646-786-4782 with a hard copy to Shutterstock , ……….
Source: Shutterstock Standard License April 2010
Our extensive market research has demonstrated that there is a real concern that by using un-warranted images you or your client may receive a legitimate claim from a photographer or model claiming that you did not have the right to use that image. What would be the implications of this for your business? Why take that chance, when you do not need to?
While we can’t assure you that someone may make an erroneous claim (for example a model mistakes his or her identity as that of the person depicted) those claims are resolved by demonstrating a proper release.
The following is extracted from our Content License Agreement:
7.1.1 the use of the Image in its original form and when used in accordance with this license, will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity;
7.1.2 where indicated, model and/or property releases for use of the Images authorized under this license have been obtained;
7.1.3. the Images do not and will not: (i) violate any law, statute, ordinance, or regulation; (ii) be defamatory or trade libelous; or (iii) be pornographic or obscene.
All of the above is an extract and explanation of only part of the
Content License Agreement:
you are advised to read the full document.
All contracts include, as a matter of practical necessity, certain limitation of liabilities, and ours is no exception. We have capped our liability at $25,000, to cover all costs arising from a breach of our warranties.