Privacy Policy

This website and associated online sites is provided by Photobrief. By accessing, using, and/or registering with this website (“Site”), you (“you,” “your,” “User”) acknowledge that you have fully read, understood and agree to be bound by these Terms of Use, as well as by our Privacy Policy, and all other applicable operating rules, policies and/or procedures that may be published by us from time to time on the Site, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. If you do not agree to any of these Terms of Use, or to our Privacy Policy, do not access or use the Site. PhotoBrief may from time to time vary these Terms of Use by publishing updated Terms of Use on this Site or by notifying the User in any other way. You agree that your use of this Site after any such change will be subject to, and you will comply with, the revised Terms of Use Site subsequent to that change. Please be sure to check the Terms of Use regularly to keep up to date with any changes.



IF YOU ARE CREATING AN ACCOUNT ON BEHALF OF A BUSINESS OR GOVERNMENT AGENCY THE NAME OF WHICH IS ENTERED IN THE CUSTOMER ACCOUNT DETAILS, BY ACCEPTING THESE TERMS YOU ARE WARRANTING TO PHOTOBRIEF THAT YOU ARE AUTHORIZED BY THE BUSINESS OR GOVERNMENT AGENCY TO DO SO AND TO BIND THE BUSINESS OR GOVERNMENT AGENCY BY YOUR ACCEPTANCE OF THESE TERMS. IN THAT CASE, "YOU" AND "USER" REFER TO THE BUSINESS OR GOVERNMENT AGENCY NAMED IN THE CUSTOMER ACCOUNT DETAILS (AND ANY SUCCESSOR ENTITY OR ASSIGNEE OF THE BUSINESS).

1. Definitions

Unless inconsistent with the context, the following expressions as used in these Terms of Use shall have the following meanings:


• "Award" and "Awarded" means the selection of an image or Photos by an Image/Photo Buyer, agreement to and payment of the Award Amount applicable (except in the case of approved account holders under clause 6 below) by an Photo Buyer using the Site;
• "Award Amount" means the amount agreed to be paid by the Photo Buyer for an photo or images offered by an Photo Provider and Awarded by the Photo Buyer which, along with any Local Taxes payable, must be paid to PhotoBrief on the Photo Provider's behalf by the Photo Buyer;
• "Brief" means a specification by the Photo Buyer of its requirements for an image launched on the Site, in response to which Photo Providers may submit images for review and consideration by the Photo Buyer;
• "Confidential Information" means information regarding the business, licensing practices, marketing or technical operations of PhotoBrief or any User ("the discloser"), regarding business of the discloser, including but not limited to on the Site itself, or regarding its clients that comes into possession of another User ("the recipient") pursuant to or as a result of use of the Site but does not include:
o (a) information which is at the time of being acquired or thereafter becomes part of the public domain through no act or omission of the recipient;
o (b) information which was otherwise lawfully in the possession of a recipient, prior to acquisition, as shown by written records;
o (c) information which is after the date of this Agreement lawfully disclosed to a party by a third party which did not acquire the information under an obligation of confidentiality to the discloser or the disclosure;
• "PhotoBrief" means the entity first hereinbefore referred to, or any successor in title, or any related body corporate or affiliate nominated for the purpose of provision of any of the Services in any country;
• "PhotoBrief Fee" means the amount to be deducted from the Award Amount, plus any Local Taxes payable, under an Image Licence that is payable to PhotoBrief, as specified by PhotoBrief from time to time;
• "Photo Buyer" means a User that launches a Brief on the Site or otherwise requests a license in respect of an image through the Site;
• "Photo Licence" means a contract entered into by an Photo Buyer with an Photo Provider under which the Photo Provider licenses the Photo Buyer to use one or more images identified in the Image Licence, on the terms and subject to the conditions set out in the Image Licence, in return for payment of an agreed fee;
• "Photo Provider" means a User who submits images to the Site for review and consideration by an Photo Buyer;
• "Photo Provider Fee" means an amount that is payable to the Photo Provider by PhotoBrief which equals the Award Amount after deduction of PhotoBrief Fee (plus any Local Taxes);
• "Local Taxes" means any value-added tax, sales tax, goods and services tax or other tax or duty imposed on any transaction entered into under this Agreement that by local law must be added to any fees charged or in respect of any supply made under this Agreement that must be collected by PhotoBrief or the Photo Provider;
• "Services" means the services offered by PhotoBrief on this Site from time to time, which are offered subject to these Terms;
• "Site" means www.Photobrief.com or any other website that is operated by PhotoBrief, and includes the whole or any part of the web pages located at www.Photobrief.com (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content);
• "User" means any person or entity that using this Site that has agreed to these Terms of Use by accessing the Site and/or creating a User Account, whether an Photo Buyer, an Image Provider or otherwise;
• "User Account" means an online account with PhotoBrief, which enables an eligible User to access secure regions of the Site.



2. PhotoBrief Service



• (1) PhotoBrief provides a service whereby:
o (a) AnPhoto Buyer may launch a Brief on the Site and Photo Providers may respond to the Brief by offering images for license and the Photo Buyer may request a license in respect of an image displayed on the Site for license from time to time;
o (b) AnPhoto Provider whose image in not licensed pursuant to (a) shall have his/her images made available for viewing by all Users on the Site, and an Photo Buyer may request a license in respect of an image displayed on the Site.
o All transactions carried out on the Site are subject to these Terms of Use and the terms of any Image License, Non-Disclosure Agreement, and any other policy or procedure communicated by PhotoBrief to the User from time to time.
• (2) PhotoBrief may (and is hereby expressly authorized by Photo Providers to do so) in conjunction with the Services:
o (a) Enter into an agreement with Photo Buyers at its discretion under which PhotoBrief licenses to Photo Buyers (or potential Image Buyers) reduced scale versions of images provided by Photo Providers on a complimentary basis on very limited terms solely to enable the images to be used to create comps and layouts and/or to be shown to and assessed by the Photo Buyers’ internal management and/or clients prior to launching a Brief or entering an Image.
o (b) Enter into such customized licensing arrangements, as PhotoBrief may in its discretion determine, with Photo Providers and/or Photo Buyers (or potential Photo Buyers) with respect to any images agreed to be licensed by such Photo Providers on such terms;
o (c) Allow Users to send and post watermarked low resolution thumbnail images of the Photo Provider’s images on the Site along with attached hyperlinks back to the image on the Site, to certain of User’s social media accounts for purposes of discussion regarding which images to license.



3. User Accounts



• (1) When a User creates a User Account (or authorises a User Account to be created in User’s name) in order to use the Services, the User will be provided with a username and will select a password (a “User Account”).
• (2) User agrees to keep User Account password/s confidential and secure at all times and not to provide User’s username and password to any person or entity that is not acting on the User’s behalf and for the User’s benefit. The User may not provide access to the Site to unauthorised third parties for any reason whatsoever.
• (3) User may not assign any of User’s rights under this Agreement without the prior written approval of PhotoBrief. The approval of PhotoBrief will be subject to such conditions as PhotoBrief may reasonably impose. PhotoBrief's approval will not relieve the User of its obligations under these Terms of Use.
• (4) By creating a User Account, User represents and warrants that:
o (a) In the case of a natural person, the User is at least eighteen (18) years of age;
o (b) User agrees to the terms of, and to comply with, these Terms of Use;
o (c) The information provided by the User to create the User Account is current, true and correct in every detail;
o (d) User will only use the User Account and the Services for User’s own benefit, or, where User is in the business of providing images to customers for their use, to supply images to such customers in accordance with these Terms of Use and the applicable Image License;
o (e) User will not attempt, in any manner whatsoever, to (I) gain access to the Site by any means other than through User’s own User Account, (ii) gain any access or interfere with or to impair the proper operation of the Site, or (iii) catalogue, download or otherwise reproduce, store or distribute content available on the Site except as expressly permitted by these Terms of Use.
• (5) User acknowledges and agrees that:
o (a) User will, upon request by PhotoBrief, provide all documentation and information that PhotoBrief may reasonably require in order to verify:
 (i) User’s authorship of, ownership of, and/or rights to any image uploaded by User to the Site and/or licensed through the Site by an Image Provider and any other rights necessary in order to license and use an Photo Provider’s image pursuant to an Image License, including, but not limited to, model releases, prop releases, location release(s), trademark releases or other documents evidencing necessary rights clearances;
 (ii) Image Buyer’s permissible use of any image in accordance with the Image License relating to it;
 (iii) the identity of the User or author of an image, including but not restricted to copies of passports, identity cards or drivers licenses;
o (b) certain information submitted by the User when creating a User Account may be made available to other Users in the ordinary course of provision of the Services, such as the identification of Photo Providers to Users, including Photo Buyers, and vice versa in order to facilitate and create Images Licenses notwithstanding any privacy or other laws or telecommunications regulations which would otherwise restrict PhotoBrief from making a disclosure of the identity of the User.
o (c) User will use the Site and the Services in compliance with these Terms of Use and all applicable laws and regulations;
o (d) User will not use the Site, the Services or the User Account in a malicious, fraudulent or illegal manner;
o (e) User will not use the Site, the Services, any Brief or the User Account to complete, or attempt to complete any commercial transaction between Users outside of the Site, including but not limited to the offer or supply of images currently or previously held or displayed on the Site.



4. Photo Buyers seeking the license of an image



• (1) AnPhoto Buyer may launch a Brief or otherwise offer to license an image using the Site by the completion of the details specified as required for the Brief or license offer on the Site from time to time.
• (2) A Brief or license offer will include such information as specified and in the manner made available in the Site by PhotoBrief from time to time, which may include the following:
o (a) the contemplated licence fee or range of licence fees the Image Buyer is prepared to pay;
o (b) the number of images required;
o (c) the intended uses of the image or images, including territory of use, and/or restrictions on usage to which the Photo Buyer will submit under the conditions of the grant of a licence;
o (d) the period of time for which the image or images, as the case may be, will be licensed;
o (e) whether the Photo Buyer requires any special conditions to be agreed by the Photo Provider, such as exclusivity or specific limitations on re-use of the image or images Awarded;
o (f) the due date for the provision of images for review and a potential Award by the Photo Buyer;
o (g) whether the Photo Buyer requires the Brief to be treated as confidential by Photo Providers.
• (3) An Photo Buyer must not include in a Brief any material which is or may be defamatory, racially, religiously or sexually discriminatory or vilifying, offensive, in breach of a duty of confidentiality owed to anyone, in breach of any contract or otherwise unlawful; see also sections 9 (Confidentiality) and 10 (Intellectual Property Rights).
• (4) By launching a Brief, the Photo Buyer agrees to be bound by the terms of an Image License (other than the terms that are to be finalized as part of the Award process, which will be included in the final form of the Image License). An Image Buyer is not obliged to Award any image as a consequence of launching a Brief or making a license offer, but if the Photo Buyer Awards an image or images, the Photo Buyer must enter and be bound by the terms of the Photo License with the Image Provider.
• (5) In addition, if PhotoBrief makes an image available for license on the Site, anPhoto Buyer may request a license of the image using the facility available on the Site for such requests, providing the information relevant to such license required by such facility. Such request will otherwise be deemed to be made subject to the terms of an Image License (other than the terms that are to be finalized as part of the Award process, which will be included in the final form of the Image License). If the Photo Buyer agrees to the terms of such license proposed by the Image Provider in response to such request, the Photo Buyer may (but is not obliged to) Award such image and will as a consequence of such Award be bound by the terms of the Image License created as a result of Awarding the image.
• (6) An Photo Buyer will not seek to avoid the operation of these Terms of Use by making any direct approach to an Photo Provider with respect to the offer or supply of the same or other images in respect of the subject matter or purposes of a successful or unsuccessful Brief or which are otherwise offered on the Site for license.
• (7) AnPhoto Buyer may, but is not obliged to, provide an Image Provider with a rating or feedback on any images submitted by the Image Provider in response to a Brief.
• (8) Image Buyer acknowledges that:
o (a) PhotoBrief may impose a limit to the number of entries that an Image Provider may submit in response to a Brief;
o (b) an Photo Buyer may Award multiple entries submitted by one or more Photo Providers.



5. Photo Providers uploading images and offering images for license



• (1) An Photo Provider may:
o (a) respond to a Brief by submitting one or more images which it wishes to enter in response to the Brief within the time permitted by the Brief for all entries by using the process for responding to a Brief made available by PhotoBrief in the Site;
o (b) otherwise offer images for license through the Site by uploading versions of the images to the Site using the facilities offered by PhotoBrief for that purpose from time to time.
• (2) By submitting an image in response to a Brief or otherwise making an image available for license through the Site, the Photo Provider agrees to the terms of an Image License (other than where the terms of the Brief are to be finalised as part of the Award process, which will be included in the final form of the Image License) and will specify the following:
o (a) the license fee applicable for each image;
o (b) any variations from the Image Buyer’s proposed usage, period of usage, exclusivity or other special conditions. NOTE: (i) any variations to the Photo/Image Buyer’s terms must be expressed in simple terms in the language of the Site and capable of being accepted/rejected by the Image Buyer as there is no provision for negotiation of Image License terms on the Site; and (ii) if the Image Provider does not specify the requirement of attribution in its submission then the author's consent will be taken as given (if an Image Provider other than the author submits the image, the Image Provider must have obtained such consent from, and give it behalf of, the author) for the use of the image without attribution of the author;
o (c) if the Photo/Image Buyer has required the Brief to be treated as confidential, the Image Provider’s agreement to the terms of the Non-Disclosure Agreement accompanying the Brief.
o (d) If the Image Provider proceeds with the submission of an image or images in response to a Brief which is/are then Awarded, the Image Provider will be bound by the terms of such Image Licence.



If the Image Provider submits an image for license through the Site, whether in response to a Brief or otherwise, and the image is then Awarded, the Image Provider will be bound by the terms of such Image License with the Image Buyer.



• (3) An Image Provider must not include in any entry or in any image submitted for license any material which is or may be defamatory, racially, religiously or sexually discriminatory or vilifying, offensive, in breach of a duty of confidentiality or privacy owed to anyone, in breach of the intellectual property rights and/or moral rights of an author of the image, in breach of any contract or otherwise unlawful; see also sections 9 (Confidentiality) and 10 (Intellectual Property Rights).
• (4) Image Provider acknowledges that:
o (a) PhotoBrief may impose a limit to the number of entries that an Image Provider may submit in response to a Brief;
o (b) an Image Buyer may Award multiple entries submitted by one or more Image Providers.
• (5) By uploading an image to the Site, Image Provider expressly grants PhotoBrief a perpetual, non-exclusive, worldwide right and license (with the right to sublicense) to use, display, copy, transmit, reformat, resize, create collective works and distribute such image for any purpose on, or in connection with, the Site or the promotion thereof, or for PhotoBrief’s business, or for User discussion purposes, in any media now known or later developed. Image Provider represents and warrants that you will not upload any image to which you do not have the full right to grant the license specified in this Section and that PhotoBrief (and its sub-licensees) shall be free to exercise the rights to your image granted by you herein without obtaining permission or license from any third party and without reference to you or any other person. Such rights shall include, but not be limited to, the right to:
o (a) display any image made available by the Image Provider for license or public viewing on the Site, whether such image is offered in response to a Brief, at PhotoBrief’s request, or otherwise, and in such manner as PhotoBrief may consider reasonable. PhotoBrief is not obliged to display any image or to do so in any particular manner;
o (b) reproduce, communicate and publish any images supplied by Image Providers, with or without attribution, as PhotoBrief may determine necessary for the purpose of marketing the Site and the Services;
o (c) delete images from time to time in accordance with PhotoBrief’s image retention/deletion policy as stated on the Site from time to time;
o (d) create one or more reduced size “thumbnails” of the image, which may or may not be digitally watermarked as PhotoBrief may consider necessary, and display the thumbnails in the area of the Site set aside for the Brief so that it may be considered by the Image Buyer, as well as allow Users to share the thumbnails through third-party social media channels for discussion purposes.
• (6) Image Provider expressly acknowledges and agrees that an Image Buyer may make reference to or use any image made available to PhotoBrief for license or display on the Site in any Brief launched on the Site for the purpose of identifying its requirements, without the Image Buyer or any other Image Provider having any obligation to the Image Provider as to payment, any subsequent Award or otherwise.
• (7) If an Image Buyer requests a license of an Image Provider’s image displayed on the Site using the facility available on the Site for such requests, the Image Provider may (but is not obliged to) respond to such request providing such conditions and information required by the facility on the Site for responding to such requests. Such response will otherwise be deemed to be made subject to the terms of an Image License (other than the terms that are to be finalized as part of the Award process, which will be included in the final form of the Image License when agreed). If the Image Buyer agrees to the terms of such license proposed by the Image Provider in response to such request, the Image Provider will as a consequence of such Award be bound by the terms of the Image License with the Image Buyer.
• (8) Where the Image Provider has only provided a lo-res image to PhotoBrief, upon any Award in respect of such Image the Image Provider will provide to PhotoBrief the hi-res or other format image as required by the Award.
• (9) All images (other than thumbnails created for sharing purposes) will be securely stored and will not be released to anyone unless the Image Buyer Awards one or more of the images, in which case only the hi-res images Awarded will be made available to the Image Buyer for download from the Site, or a comp license as contemplated by clause 2(2)(a) is granted, in which case a lo-res image will be made available by download for the limited use permitted by the comp license.
• (10) An Image Provider will not seek to avoid the operation of these Terms of Use by making any direct approach to an Image Buyer with respect to the offer or supply of the same or other images in respect of the subject matter or purposes of a successful or unsuccessful Brief or which are otherwise offered on the Site for license.
• (11) Each of the Image Buyer and the Image Provider acknowledges and agrees that, unless otherwise agreed by PhotoBrief in exceptional circumstances separately agreed, PhotoBrief will not be a party to the License Agreement between the Image Buyer and Image Provider and, upon the making of the Awarded images available for download by the Image Buyer in accordance with this Agreement, PhotoBrief shall bear no liability whatsoever to either the Image Provider or the Image Buyer in relation to any aspect of the Image License.



6. Fees and Charges



• (1) The Image Buyer acknowledges, confirms and agrees that the costs to be incurred by the Image Buyer for using the Services are as follows upon Award in respect of one or more images, the aggregate Award Amount for all images Awarded, plus any Local Taxes payable, will be payable by the Image Buyer to PhotoBrief by credit card, PayPal, or on-account purchase for approved Image Buyers only.
• (2) The Image Provider acknowledges, confirms and agrees that:
o (a) within a period of 30 days after Award (for images purchased by credit card or PayPal), or 30 days after receipt of the Image Buyer’s payment in respect of an Award (for images purchased “on account” by approved Image Buyers only), PhotoBrief will credit the PayPal account of an Image Provider whose image has been Awarded an amount equivalent to the Image Provider Fee;
o (b) PhotoBrief will be paid the PhotoBrief Fee and is entitled to deduct the PhotoBrief Fee.
• (3) Unless otherwise provided on the Site from time to time:
o (a) creation of a User Account by an Image Buyer is free;
o (b) creation of a User Account by as an Image Provider is free.
• (4) Each of the Image Provider and the Image Buyer acknowledge, confirm and agree that:
o (a) PhotoBrief may, in the sole and absolute discretion of PhotoBrief, increase, decrease, modify, alter, introduce or remove any fee charged by PhotoBrief for the Services, either permanently or temporarily;
o (b) PhotoBrief will provide 30 days’ notice to existing Image Providers for any prospective change of the PhotoBrief Fee or any other fees charged by PhotoBrief for the Services, and these changes will only affect transactions that take place after the 30 day notice period has elapsed;
o (c) unless otherwise stated all fees are in US dollars& € Euros.



7. Site Access



• (1) User agrees to use the Site in accordance with these Terms, and any other communicated policies or procedures which are posted on the Site from time to time. The User agrees to comply with all directions relating to the access and use of the Site.
• (2) PhotoBrief will not provide the User with any software or hardware required to assist the User in gaining access to the Website or use the Services. • (3) PhotoBrief may, in its absolute discretion, retain and assess any data or information concerning the use of the Site by the User, subject to PhotoBriefʼs Privacy Policy.
• (4) PhotoBrief reserves the right, immediately, and without notice to the User, to suspend or to terminate the right of the User to access the Site for any reason whatsoever, including if:
o (a) the User fails to comply with any provision of these Terms of Use including without limitation in respect of the payment of any fees;
o (b) the User misuses the Site or fails to comply with the obligations of the User as to the use and access of the Site;
o (c) the User fails to comply with any other agreements, including but not limited to any Image Licence or Non-Disclosure Agreement, policies or procedures as communicated by PhotoBrief from time to time;
o (d) if PhotoBrief removes or disables access to any material placed on the PhotoBrief website by the User on 2 or more occasions in accordance with the PhotoBrief Complaints Policy.
• (5) User acknowledges that access to the Service may be suspended or terminated at any time at the discretion of PhotoBrief.



8. Site Availability



User acknowledges and confirms that:

• (a) the Site or any part of the Site may be temporarily or permanently unavailable;
• (b) PhotoBrief makes no representation or guarantee that access to the Site will be secure, uninterrupted or error free;
• (c) PhotoBrief makes no representation or assurances that the Site will satisfy the requirements of the User;
• (d) PhotoBrief makes no representation or assurances that the Site will comply with any particular laws, regulations, codes or industry standards;
• (e) PhotoBrief will not be liable to any User in the event of suspension of operation of or interruption to the Site or any part of the Site for any reason;
• (f) PhotoBrief may change the Site or any part of the Site at any time and without notice to the User;
• (g) PhotoBrief may, in its absolute discretion and without notice to the User, deny the User access to the Site or any part of the Site at any time and for any period of time.



9. Confidential Information



• (1) The User must treat as confidential all Confidential Information.
• (2) The User must not, without the prior written permission of PhotoBrief, use or disclose Confidential Information to a third party, or otherwise use or exploit the Confidential Information.
• (3) The foregoing obligations and commitments not to disclose Confidential Information shall not apply to disclosure where required by law or a regulatory body.
• (4) The obligations of the User under this clause shall survive the termination of this Agreement.



10. Intellectual Property Rights



• (1) An Image Provider must submit in response to any Brief or otherwise upload to the Site or provide to PhotoBrief for any purpose whatsoever only images of which Image Provider is either the copyright owner or fully licensed by the copyright owner to submit the image for the purpose of display on the Site and license in accordance with these Terms of Use.
• (2) By submitting an image to the Site, User represents and warrants that the use of the image (including any content included in the image) by PhotoBrief and/or an Image Buyer will not violate the rights of any third-party, including any copyright, trademark, privacy, or other personal or proprietary rights, and that the image does not contain libelous or otherwise unlawful, abusive or obscene materials, and that PhotoBrief and Image Buyers may use the image without the need to seek or obtain permission or license from any third party.
• (3) In addition, Image Provider acknowledges that it is the sole responsibility of the Image Provider to ensure that it has all releases and clearances required to enter the image, including but not limited to any moral rights consents, model or location releases required.
• (4) PhotoBrief will be entitled at its sole discretion, but not obliged, to request and receive production of any proof of ownership, rights, licenses, permits, releases or clearances that in its opinion may be required or which are required by any Brief. PhotoBrief will be entitled, at its sole discretion, to refuse to allow an image to be entered in response to a Brief if, for any reason, it is concerned that there may be a dispute or legal claim of any kind arising from the image.
• (5) Image Providers should be aware that the grant of a right of exclusivity in respect of an image generally means that the copyright owner cannot use the image itself as well as not licensing it within the scope of the licensed usage, territory and license period. An Image Provider must ensure that it complies with any exclusivity or other condition attached to an Image License to which it is a party. It would be prudent for the Image Provider to avoid any form of dispute or complaint regarding exclusivity or other relevant condition by not licensing similar-looking or “end of roll” image within the scope of any exclusivity or other condition affecting a licensed image.
• (6) It is a condition of this Agreement that each Image Buyer must comply with the terms of each Image Licence into which it enters through use of the Site or the Services.
• (7) If an Image Buyer includes in any Brief any image or other work the copyright in which belongs to a third party, the Image Buyer must be licensed by the copyright owner to use the image for the purposes of the Brief and to permit PhotoBrief to display and communicate the image in accordance with this Agreement.
• (8) PhotoBrief will be entitled at its sole discretion, but not obliged, to request production of any proof of ownership or authorship, rights, licenses, permits, releases or clearances that in its opinion may be required for the purposes of the Brief. PhotoBrief will be entitled, at its sole discretion, to refuse to allow a Brief to remain on the Site if, for any reason, it is concerned that there may be a dispute or legal claim of any kind arising from the Brief.
• (9) A User must not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any software underlying the Site or other intellectual property used to provide the Services, or to obtain any information from the Site, using any method not expressly permitted by PhotoBrief.
• (10) Disputes or claims with respect to any image or Brief on the Site will be dealt with in accordance with PhotoBrief’sComplaints Policy, which includes PhotoBrief’s copyright compliance policy.
• (11) Copyright Infringement; US Notice and Take Down Procedures. The United States Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice.



11. Subcontractors



PhotoBrief may subcontract the whole, or any part, of the rights or obligations of PhotoBrief under these Terms of Use without the prior consent of the User.



12. Indemnity



Each User must hold harmless, defend, indemnify and keep indemnified PhotoBrief, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the "PhotoBrief Indemnitees") from and against all loss, cost, expense (including legal costs and expenses on a solicitor and own client basis) or liability whatsoever incurred by PhotoBrief arising from any claim, demand, suit, action or proceeding by any person against PhotoBrief where such loss or liability arose out:


(i) a breach by a User of these Terms of Use including any representation or warranty made herein,
(ii)the use or misuse of the Site or the Services;
(iii) a dispute with another User:
(iv) User’s violation of any law or the rights of a third party;
(v) User’s image, including any claims for intellectual property infringement or violation of personal rights. User agrees to cooperate as fully as reasonably required in the defense of any claim. PhotoBrief reserves the right to assume the exclusive defense and control of any matter subject to indemnification by User for which User will remain responsible for indemnifying and holding harmless the PhotoBrief Indemnitees.



13. Complaints



If a User or any third party has a problem or difficulty with the Services or under an Image License, Non-Disclosure Agreement or any of PhotoBrief’s policies or procedures from time to time, PhotoBrief may, but shall not be obliged to, deal with such a dispute in accordance with PhotoBrief Complaints Policy.



14. Implied Terms



(1) Subject to paragraph (2) below, any condition or warranty which would otherwise be implied in these Terms of Use is hereby excluded.
(2) Where legislation implies in these Terms of Use any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement. However, the liability of PhotoBrief for any breach of such condition or warranty shall be limited, at the option of PhotoBrief, to one or more of the following, if the breach relates to services:

(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.



15. Disclaimer and Exclusion of Liability



(1) The User acknowledges that:
o (a) in accessing the Site,the User has relied on its/his/her own skill and judgment in the use of the Site and in determining its sufficiency for the use and results which User intends to obtain from the Site;
o (b) no promise, representation or warranty has been made by PhotoBrief in respect of the profitability, benefits or any other consequence in the use of the Site, or in respect of the suitability of the Site to the operations, business or needs of the User.
• (2) The Site is provided "as is," and PhotoBrief hereby expressly disclaims any and all warranties of any kind or nature, whether express, implied, or statutory. PhotoBrief does not warrant or represent that the Site will be free from bugs or that the use of Site will be uninterrupted or error free, and PhotoBrief does not make any other representations regarding the use, or the results of use, of the Site in terms of accuracy, reliability, or otherwise.
• (3) PhotoBrief shall not be liable for any loss of use or goodwill, interruption of business, loss or inaccuracy of business information or data, lost profits, cost of procurement of substitute services, or any indirect, special, incidental, exemplary, or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if it has been advised of the possibility of such damages.
• (4) In no event shall PhotoBrief, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees be liable to any User of the Site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss if use) arising out of the use or inability to use the Site or any information or images contained thereon or stored or maintained by PhotoBrief, whether based on warranty, contract, tort, or otherwise, even if PhotoBrief has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of PhotoBrief, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees, for all damages, losses, and causes of action resulting from User’s use of the Site, whether in contract, tort (including, but not limited to negligence) or otherwise, exceed the amount paid to PhotoBrief for the applicable license. Without limiting the foregoing, in no event shall PhotoBrief, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees, have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any image or data or information contained in a User Account or otherwise stored by or on behalf of PhotoBrief.
• (5) The rights and obligations of each of the parties under this paragraph (Disclaimer and Exclusion of Liability) will survive expiration or termination of these Terms of Use.



16. Force Majeure



PhotoBrief will not incur any liability in respect of the results of any delay or failure to perform its rights or obligations pursuant to these Terms of Use if such delay or failure is caused by acts of God, acts of government, strikes, lockouts or other industrial disturbances, blockades, wars, insurrections or riots, epidemics, landslides, fires, storms, floods, explosions or other similar causes beyond its control of a party.


17. Further Assurances



Each User will upon request by PhotoBrief at any time and from time to time, execute, sign and deliver all documents and do all things necessary or appropriate to evidence or carry out the intent and purposes of these Terms of Use.



18. Entire Agreement



These Terms of Use constitute the entire agreement between the parties and supersede all prior representations, agreements, statements an understanding, whether verbal or in writing.



19. Other Websites



• (1) The Site may contain links to other websites that are owned or operated by third parties. These links are provided for convenience only and may not remain current or available. PhotoBrief should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. If the User links to these websites, it/he/she does so at its/his/her own risk and should make its/his/her own enquiries as to the privacy policies of these third parties. PhotoBrief is not responsible for information on, or the privacy practices of, such websites.
• (2) A User must not create, cause or permit any linkages to this Site without written permission from PhotoBrief first being obtained.


20. Secure Data



Given the nature of the Internet, PhotoBrief cannot guarantee that any data transmission is totally secure. Whilst PhotoBrief takes precautions to protect information, PhotoBrief does not warrant and cannot ensure the security of any information the User transmits to PhotoBrief or this Site. The User therefore transmits to this Site at your own risk. However, once PhotoBrief receives data, PhotoBrief will take reasonable steps to preserve its security. If the User becomes aware of any problems with the security of the data or the Site, please contact PhotoBrief immediately by email at help@imagebrief.com.



21. Viruses and Malware



Given the nature of the internet, PhotoBrief cannot guarantee that this Site is free from viruses, "malware", fault or other conditions which could damage, use or interfere with the Userʼs computer systems. The User must take its own precautions to ensure that it is not infected with any such code and assumes the risk of any damage or loss as a result of using this Site.



22. Privacy



• (1) If PhotoBrief collects personal information, it does so in accordance with its Privacy Policy available on this Site.
• (2) The Site requires the use of cookies to gather and maintain data in relation to this Site, in accordance with PhotoBrief's Privacy Policy, and you consent to ImageBrief doing so.



23. Governing Law and Jurisdiction



These Terms are governed by and construed in accordance with the laws of the location of PhotoBrief, and the User irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that location. If the User accesses this Site in a jurisdiction other than such location, the User is responsible for compliance with the laws of that jurisdiction, to the extent that they apply. PhotoBrief makes no representations that the content of this Site complies with the laws of any country other than in its location.



24. General



• (1) PhotoBrief may, from time to time, add or remove information, products or services from this Site without notice.
• (2) PhotoBrief reserves the right to amend these Terms of Use at any time without notice. The continued use of this Site will represent an agreement by the User to be bound by these Terms of Use as amended. Where the Userʼs access to this Site is terminated for any reason, all obligations of confidentiality, with respect to intellectual property rights, indemnities, disclaimers and limitations of liability set out in these Terms of Use will survive.
• (3) If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
• (4) A provision of or a right created under these Terms of Use (including under the Complaints Policy) may be waived or varied by PhotoBrief at its discretion. Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under this Agreement by PhotoBrief does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under this Agreement. No waiver of a breach of a term of this Agreement operates as a waiver of another breach of that term or of a breach of any other term of this Agreement.



General



This privacy policy explains how we manage your personal information we collect about you. Please read this privacy policy before using the site or submitting any personal information. By using the site www.photobrief.com (the "Site"), you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted on the Site and changes will only apply to activities and information on a going forward, not retroactive, basis. You are encouraged to review the privacy policy whenever you visit the Site to make sure that you understand how any personal information you provide will be used.



Note:

the privacy practices set forth in this privacy policy are for the Site only. If you link to other websites, please review the privacy policies posted at those websites. This privacy policy does not apply to employee records.



Purpose of the Privacy Policy



PhtoBrief takes its obligations under the Act and the NPP seriously. PhotoBrief will take all reasonable steps to comply with the Act and the NPP to safeguard and protect the privacy of the information that we hold. This privacy policy sets out how we intend to do so.
What Personal Information does PhotoBrief Collect and How Does it Collect it?



We collect your personal information:

• Directly from you;
• When you deal with us by telephone, letter or email;
• When you access and interact with the Site; or
• From other sources



The type of information that PhotoBrief collects and holds includes personal information about:

• Individuals who use our services;
• Your activities on the Site;
• Job applicants, suppliers and contractors; and
• Other people who come into contact with PhotoBrief.



The information we collect may include information such as your name, mailing address, email address, telephone and/or facsimile number, date of birth, postal address, credit card details, and other transaction or registration details. We may also collect data that can, under certain circumstances, indirectly lead to personal identifiable information. Users who register to become members of the Site may choose to provide or store non-personal information or related data in their profiles. You are aware, consent to and authorise other members of the Site and third party advertisers to view your profile information as well as any information you post on the Site as a member.
PhotoBrief will generally collect this information by way of your voluntary registration over the internet, by phone, facsimile and email and in the course of interviews. Otherwise, PhotoBrief will not collect or monitor any personal information about you without your consent.



When you visit the Site, we may record, for statistical purposes or in order to improve the Site or services provided by ImageBrief, the following information:

• The date and time of your visit;
• Web pages you have accessed;
• Documents you have downloaded;
• Your IP address; and
• The type of operating system and internet browser you use.



Where it is lawful or practicable to do so, we will provide you with the option of remaining anonymous when dealing with PhotoBrief. How Might PhotoBrief Use the Personal Information?
Your personal information is confidential.



Generally, PhotoBrief may use the personal information for the following purposes:

• To provide services and support to our customers;
• To respond to requests, inquiries or applications;
• To evaluate, develop and enhance our websites and our services;
• To resolve disputes and troubleshoot problems;
• To enforce the policies of our Site;
• To conduct website and system administration, such as for the technical support of our websites and computer systems;
• To provide information to individuals services that we think may be of interest to them; and
• To communicate special offers, promotions or market research surveys.
Otherwise PhotoBrief will not use any personal information about you without your consent.
How Might PhotoBrief Disclose the Information?



You authorise and consent to PhotoBrief disclosing your personal information to:

• Populate the required fields of any legal agreements, including but not limited to Intellectual Property Licence Agreements and Non-Disclosure Agreements to which you become party by virtue of your actions on the Site;
• Enforce the policies of PhotoBrief;
• Respond to any claims that content which you submitted violates the rights of any other person;
• Protect the rights of any person;
• Service providers such as organisations who provide data processing, printing and fulfilment operations;
• Entities for whom we are acting as an agent or publisher, such as societies and our affiliated group companies;
• Any court, tribunal or regulatory authority as required by law, including in response to subpoenas, court orders, or legal process, or to establish or exercise our rights to defend against legal claims;
• Any individual or authority if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, safety of person or property, violation of our policies, or as otherwise required by law;
• Anyone authorised by the individual;
• To another company, in the event that PhotoBrief, the Site or a related asset or line of business is acquired by or transferred to that other company;
• Any individual or authority to protect the rights, property or personal safety of any member of the public or PhotoBrief.
• Our related bodies corporate;
• Our employees, insurer, third party contractors, agents or to our sponsors on a confidential basis;
• Our business partners, where from time to time, we partner with other companies to provide co-sponsored or co-branded products or services and may share your information with our co-sponsor;
• Our service providers (including service providers that provide web maintenance, billing and booking services);
• Any other person or entity (the "Recipient") upon the basis that the Recipient may only collect, use or disclose the information for the purpose for which that information was originally collected by PhotoBrief



We will otherwise not transfer your personal information, or use, sell or disclose your personal information without your consent, unless:

• Such disclosure is permitted under the Act;
• We are required by law to disclose that information;
• We are trying to protect against or prevent actual or potential fraud or unauthorised transactions; or
• We are investigating fraud which we believe may have already taken place.


The Site may contain links to websites which are owned or operated by third parties. You should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites.
You consent to and authorise PhotoBrief to transfer your personal information to an organisation or individual outside UK. PhotoBrief will only transfer personal information to a foreign country for the purpose of providing you with the services of PhotoBrief and for carrying out any request you make when you use and interact with the Site.
Your personal information may be transferred overseas if you are accessing the Site from a country outside of Australia.
If PhotoBrief sells all or part of its business or makes a sale or transfer of all or part of its assets or is otherwise involved in a merger or transfer of all or part of its business, PhotoBrief may transfer you personal information to the party or parties involved in the transaction as part of that transaction.
PhotoBrief will not otherwise disclose any personal information about you without your consent.

Management and Security of Personal Information

PhotoBrief takes reasonable steps to keep your personal information secure. Personal information about individuals is stored on servers that sit behind a firewall and is physically housed within a secure data centre. Employee access to personal information is limited. We cannot and do not guarantee that your personal information will be protected against unauthorised access or misuse or abuse. We do not accept any liability for the improper actions of unauthorised third parties.
In relation to the internet, while PhotoBrief uses reasonable efforts to safeguard the privacy of your personal information, transmissions made by means of the internet cannot be made absolutely secure. PhotoBrief assumes no responsibility for disclosure of data due to errors in transmission or by unauthorised third parties. PhotoBrief also assumes no responsibility or liability for third parties such as advertisers or other entities who utilise banner ads and links from the Site. If you click through a banner ad or link and submit your information to an advertiser, you will be subject to the privacy policies of those third party websites.
We retain the personal information we collect from you for as long as the information is relevant to our business purposes or the purpose of collection or until you request that we remove the data by contacting our Privacy Officer by email at privacy@photobrief.com



Personal Information About Other People

You must not provide personal information to PhotoBrief about another person, unless that person has authorised PhotoBrief, through you, to collect, use and disclose personal information about that person for the purposes described in this privacy policy.
The Site may allow users to share their personal information for the purpose of completing transactions. You agree to only use another user's personal information for the purpose of completing a transaction. PhotoBrief encourages you to respect the privacy of other users. To best maintain the privacy of your personal information, PhotoBrief will only provide limited information with respect to another user for the purpose of completing a transaction.



What Happens if you Choose not to Provide the Information?

You are not obligated to give us your personal information. However, if you choose not to provide us with your personal information we may not be able to provide you with information about the services offered by PhotoBrief or to fulfil one or more other purposes of collection of your personal information.

Sources of Information

Where possible PhotoBrief will collect your personal information directly from you. If your personal information is collected from a third party, PhotoBrief will take reasonable steps to inform you of the collection and provide you with our privacy policy.



Use of Cookies

The Site collects information through the use of "cookies". Cookies are anonymous, unique alphanumeric identifiers sent to your browser from a website and stored on your computer's hard drive. The information we collect via cookies does not personally identify you, although it does identify your browser. We use this information to provide you with customised information when you visit the Site, and to collect aggregated user data for the purposes of usage analysis, quality control and administering and improving the Site. Aggregated data (which cannot be used to identify you) may be shared with third parties.
In addition, we may use third party advertisers to place advertisements on the Site. These third party advertisers may use cookies and other technologies to, among other things, enable such third party advertisers to record which advertisements your browser has seen and which site pages you have been viewing when the advertisement was delivered. You should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such third parties.
You can prevent your browser from accepting new cookies, be notified when you receive a new cookie, or disable cookies altogether by changing your browser's preferences menu. If you disable cookies, you may not be able to use the customised functions on the Site.



Updating your Personal Information

PhotoBrief endeavours to ensure, but in no way guarantees, that the personal information it holds about you is accurate, complete and up-to-date. You will generally be able to update the information we hold about you by accessing you account and profile information on the Site. You should promptly update your personal information if it changes or becomes inaccurate. You can help keep your personal information up to date and secure by maintaining confidentiality of any password, user name, accounts and profiles used on the Site. In the event that you share your password or other personal information with others, you will be responsible for all actions taken on your account.



Sensitive Information

The term "sensitive information" refers to personal information about an individual's racial or ethnic origin, political or philosophical beliefs or affiliations, trade or professional affiliations, sexual preferences or practices or criminal record and health information. We do not collect sensitive information unless it is volunteered by you.



Accessing Personal Information

You will generally be able to view the personal information we hold about you by accessing your account or profile information on the Site. PhotoBrief will, on request, provide you with access to personal information held by PhotoBrief about you, subject to any limitations or exceptions in the Act. PhotoBrief will deal with requests for access within a reasonable time. You must pay PhotoBrief for reasonable costs incurred by PhotoBrief in providing you with access.
If PhotoBrief refuses to provide you with access to personal information about you, PhotoBrief will provide you with reasons for the refusal, in accordance with the requirements of the Act



Security of your Personal Information

We will take all reasonable steps to protect the security of the personal information that we hold. This includes taking appropriate measures to protect electronic materials and materials stored and generated in hard copy. We also take reasonable steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from unauthorised access, disclosure, loss, misuse and alteration.



More Information and Updates to this Privacy Policy

PhotoBrief reserves the right to modify this privacy policy at any time without prior notice to you. The latest privacy policy will apply at all times. To view the current version of our privacy policy, visit our privacy page or contact our Privacy Officer at privacy@photobrief.com for updated information.



Contacting our Privacy Officer

If you have any questions or comments regarding our handling of your personal information under this privacy policy or otherwise, please contact privacy@photobrief.com.