OWP - Terms and Conditions

USER: TERMS AND CONDITIONS OF USE
Applies to anyone who opens and views this site or any of our sites

This Agreement applies to you, and if you are using this Site on your employer’s behalf, to you and your employer. OWP reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.

This Agreement is in addition to your obligations under the applicable OWP Content License Agreement (if any). In the event of any conflict between this Agreement and the OWP Content License Agreement, the OWP Content License Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact Customer Service by e-mail

Permitted Use of this Site
This Site is owned and operated by OWP. All images, audio, video and related informational materials in any medium furnished by OWP, its Contributors and/or its Members, hereunder, including related text, captions, or information (collectively referred to as “Content”), is owned by OWP, our licensors and/or Contributors/members/photographers and is protected by US, EU, Swiss and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement or the applicable OWP’ Content License Agreement (if any), no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of OWP.
FOR THE PROTECTION OF OWP AND ITS IMAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM OWP AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”. If you do not consent to OWP, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by OWP in writing, you may not:

(i) deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy Content or related information outside of general search engine uses;

(ii) violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means;

(iii) copy, redirect, or exploit the Site or any Content;

(iv) probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of OWP’ customers; or

(v) use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site.

Your use of this Site and any Content shall comply with all applicable law. OWP reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from OWP. OWP may also restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from OWP.

Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by OWP. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.

Privacy
OWP’ Privacy Policy applies to use of this Site, and its terms and conditions are made part of this Agreement by reference. Please consult OWP’ Privacy Policy for specific information on OWP policies for use of your personal information. You understand that any message or information sent to the Site may be viewed or intercepted by third parties, even if there is a special notice that the information (e.g., financial information) is encrypted.

Registering For A OWP Account (Clients/Users - www.oneworldphoto.org)
Registration with OWP grants you certain privileges. For example, if you have registered for a OWP account and OWP has approved your registration, you may be able to access Content without a visible watermark. In applying for a OWP account, you agree to furnish true and accurate information. OWP reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Site and your account only by using the account number and password supplied to you by OWP. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify OWP of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify OWP of any unauthorized use. OWP cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any OWP account or Site or related services.

OWP Trademarks
You may not use the trademarks or service marks of OWP without OWP’ prior written consent. “OWP,” “One World Photo ” “One World Photography” and the OWP logo, among others, are trademarks of the OWP Organization. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Indemnification.
You agree to indemnify and hold harmless OWP and its content sources, officers, directors, employees, photographers, Contributors, members, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification of any Content, or combination of any Content, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the Content,; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.

Disclaimers and Limitation of Liability
OWP PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND “AS AVAILABLE” BASIS. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER OWP NOR ANY OWP SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS WEB SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS WEB SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL OWP' OR ITS AFFILIATES' LIABILITY ARISING OUT OF YOUR USE OF THIS SITE OR INABILITY TO ACCESS THIS SITE OR ANY OF THE CONTENT EXCEED $500. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.

Third Party Links
As a convenience, our Site may link to other sites that may be of interest to you but are not under OWP’ control. These links do not imply endorsement by OWP and we are not responsible for the availability of or the content contained in any linked site.

Notification of Copyright Infringement
OWP may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send OWP’ copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit OWP to contact you, such as your physical address, telephone number, and email address; (v) 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 (vi) 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.

Choice of Law / Jurisdiction / Attorneys’ Fees
Any dispute regarding this Agreement shall be governed by the laws of the State of New York and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in New York, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between OWP and you, OWP shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.

Miscellaneous
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement (along with OWP’ Privacy Policy and the OWP Content License Agreement, if applicable) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No action of OWP, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of OWP, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by OWP. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without OWP’ prior written consent.

STAFF/CONTRIBUTOR PHOTOGRAPHERS TERMS AND CONDITIONS
The Contributor is either a Staff Member Photographer or a Contracted Freelance Photographer within the One World Photography Organization. This agreement does not apply to Member Photographers within our Members Community Website (www.oneworldphoto.com)

The Contributor Agreement is a legally binding contract. We, therefore require that it is read carefully and fully understood. Any questions regarding the terms of the contract can be emailed to us and will receive a prompt reply.

By accepting our freelance or staff proposal you accept, agree and bind yourself to this Agreement’s terms and conditions.
This contract may be modified or edited by One World Photography 'OWP' at its own discretion. However, we will give a notice to our contributors a week before the changes take place.

1. Authorization
By agreeing to these terms and conditions, the Contributor has authorized OWP:
A) To add the Contributor’s Image/s to OWP’s Web site, News Wire System and Stock Banks
B) To licence the use of the image/s to third parties in line with the User Agreement and Photographers Contract.
C) To fulfill any provisions in the User Agreement and Photographers Contract.

3. Licences Granted
By signing the employee contract or Contributors contract you agree to these terms in contributing images to OWP, in consideration of the terms and conditions of this Agreement, the Contributor hereby grants OWP the sole and exclusive right to use, distribute and reproduce the images submitted. These rights granted to OWP under these terms and conditions, shall be renewed from year to year, unless terminated pursuant to paragraph 10 of this Agreement.

4. License Fees, Payment, and Acceptance
Aside from contracted monthly salary payments, the Contributor will be paid a commission of 84% of all sales that OWP will receive from the sales of the Contributor’s stock based image(s). For news wire images (online submissions) Contributor will be paid a per usage fee of 82% of the associate partner commission. For assignment based work, assigned photographer will be paid daily salary plus 80% of all fees and payments made in reference to the assignment and an additional 84% of all stock sold.

All fees to be paid to Contributor will be paid either by cheque if the Contributor is residing in the UK, Switzerland or United States or by bank transfer if the Contributor is residing outside of the UK/Switzerland/USA or is residing in one of these three nations but prefers to be paid by bank transfer.

The fees due to the Contributor will be paid on a monthly basis (with month ending 20th, unless Contributor’s fees for the quarter total less than fifty dollars ($50.00). If Contributor’s fees in any one month total less than fifty dollars ($50.00), OWP will have the right to postpone payment until the next quarter, or until such time as Contributor’s fee exceeds fifty dollars ($50.00). If Contributor’s share is less than fifty dollars ($50.00) for any three consecutive months, OWP shall pay all outstanding fees of the Contributor’s share at the close of the third such quarter within 30 days following the end of such quarter.

5. Submission of Images
OWP reserves the right to accept or refuse any image submitted. Images submitted will not be returned.

For mail in submissions, the Contributor has the obligation to submit with the image/s, copies of all available Releases in the form. If no Releases are provided with the Image, it will be at the sole discretion of OWP whether to accept the image/s or not.
Notwithstanding the above, OWP shall have no obligation whatsoever to licence or market any Image/s submitted by the Contributor. At its sole discretion, OWP has the right to remove any image/s submitted by the Contributor from its web site, and this would therefore constitute the termination of the Contributor Agreement. The Contributor will thereby be notified of the termination of contract, 30 days prior to its termination.

6. Contributor’s Representations and Obligations
The Contributor represents, warrants and undertakes to OWP as follows:-
A) That all information he/she gives to OWP by any means concerning Model and/or Property Releases for any Images will be true and accurate and that all Model and/or Property Releases submitted to OWP by the Contributor will (a) be legally binding and (b) authorizes all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues. The Contributor agrees to indemnify OWP against all losses, damages, expenses and costs (including legal costs) arising out of any breach of this warranty, including without limitation any action arising from illegal release of said images.
B) That any information supplied with any Image or for use on the OWP website is accurate and does not infringe the rights of any third party, and is not defamatory or pornographic.
C) That the Contributor understands that he assigns correctly the license types available on the website to each Image he submits, and that the Contributor understands the implications of each license type(s) he selected. The Contributor understands that once a license type is chosen it cannot be changed in any circumstances.
D) The Contributor will not supply to OWP any Image, which is the same, or Substantially Similar to any of the Contributor's Images that have been supplied to a third party under any exclusive arrangement.
E) No other party's permission is required for the Contributor to enter into this contract or for OWP to perform the broker services envisaged by this contract.
F) Where the contract is entered into by an Agent on behalf of the Copyright Owner the Agent has the full authority of the Copyright Owner to enter into this contract on his behalf and to confer on OWP the broker appointment provided by this contract.
G) The Copyright Owner/Contributor is free from any third party rights of the copyright and all other intellectual property rights in the Image.

Copyright Notices and Publicity
a. Without prejudice to any of the provisions of Section 6 hereof, OWP shall have the right, including in advertising and publicity in any media, to use the name and image/s of any Contributor to advertise and promote the System without prior permission from the Contributor.
b. If the Contributor provides to OWP a copyright notice for any image it has licensed to OWP, than this notice will be attached to the image in OWP’s archives.

7. DISCLAIMERS OF WARRANTY
A) OWP is not liable to the contributor for any loss or lost profits or damages which may occur incidentally, are special or consequential damages or are damages that arise out of the use, display, reproduction, downloading or distribution of any image on OWP’s web site.
B) OWP also disclaims any obligation and makes no warranty that it will accept licence or promote any given image submitted by the Contributor.
C) OWP makes no warranties and hereby disclaims, any and all expenses of implied warranties with respect to the design and functionality of OWP’s web site. While OWP guarantees to undertake all reasonable efforts to maintain the functionality of the web site, OWP disclaims any and all liability for any loss, damage, claim and expense resulting from contributor’s use of OWP’s web site. OWP will not be liable for any system failures resulting from interacting with the OWP web site.
D) OWP will not be liable in part or in whole to the Contributor for any breach whatsoever of any User Agreement by a User of the OWP’s web site. In such event of breach of a User Agreement, OWP shall appropriately provide any information available to OWP regarding the breach of the agreement.

8. Indemnifications
The Contributor agrees to indemnify OWP against, any and all losses, liability, damages and expenses, which OWP may incur as a result of a breach of the contributor by the Contributor or his representatives.

9. Termination
A) The contributor may terminate this contract:
a. On 60 days prior notice to OWP at any time, except when OWP has substantially contributed to the digitization of the Image of any Contributor, or when OWP has sold the item on a rights-managed contract still being undertaken. In these cases only, the minimum contract notice period shall be 12 months or until the contractual period of the rights-managed contract is terminated.
b. By immediate written notice to OWP if OWP:
• Is in material breach of any provision of the contract having failed to remedy a 60 days’ notice requiring OWP to remedy such breach
• Enters into insolvent liquidation
• Ceases to carry on its business of operating the whole OWP System for all Contributors and Users.
B) OWP may terminate this contract immediately, without notice:
a. In the event that the contributor or any of his representatives, violates any provision of representation of this Agreement.
b. If no image submitted by the Contributor has been subject to a User Agreement in the previous 12 months.
c. If OWP decides to cease all operations.
Upon termination of this agreement or the relevant user licence/s of the Image, OWP shall make all reasonable efforts to remove the affected image/s from its web site within 60 days of its receipt of written notice/s.

10. Contractual Parties to the Agreement
This Agreement is between the contributor and OWP, who shall be the only parties The agreement has been entered into by OWP in good faith and constitutes the entire agreement between the Contributor and OWP.

11. Agreement NOT Transferable
This Agreement and the relevant user licence granted are not transferable.

12. Choice of Law / Governing Law
These terms and conditions are governed and construed in accordance with the laws of the Government of the United States and Switzerland.