Image Library Terms and Conditions

Definitions

The Critical Information Collective Image Library website is owned and operated by Critical Information Collective (C.I.C), which is an asset-locked Community Interest Company registered under English and Welsh law, company number 7672296. Our registered office is Spofforths, 9 Donnington Park, 85 Birdham Road, Chichester, West Sussex, PO20 7AJ, United Kingdom. Our websites are www.criticalcollective.org and www.photos.criticalcollective.org, and we can be contacted at info@criticalcollective.org.

The terms ‘Critical Information Collective’, ‘CIC’, ‘we’, ‘us’, ‘our’ and ‘ours’ when used in these terms of business refer to Critical Information Collective (C.I.C). The term ‘user’, ‘you’, ‘your’ and ‘yours’ when used in these Terms and Conditions means any user of this Image Library.

‘Materials’ are defined as any digital items, which may be supplied to Critical Information Collective electronically for reproduction.

‘Photographer’ is defined as any person that has contributed images or other digital material for syndication on an exclusive or non-exclusive basis on our website at www.photos.criticalcollective.org.

‘Civil Society Member’ is defined as a civil society organisation, local community, or student that has self-identified as being unable to pay the costs of downloading images, and has registered with and been approved by Critical Information Collective for 100% discounts on Royalty-Free Images.

‘Other Media Buyer’ is defined as any buyer of an on-line digital item from Critical Information Collective, other than Civil Society Members.

Site usage agreement

By using this site or downloading, uploading or otherwise using any materials uploaded to the Critical Information Collective Image Library users agree to be bound by these Terms and Conditions, all applicable laws, and the principles enunciated in the UK Press Complaints Commission Code of Practice. This applies both to users and, if they are using this website on a client's behalf, to them and all their clients. Should users disagree with anything stated in these Terms and Conditions they should discontinue their use of the site and erase all data they have downloaded.

By using this site you confirm that you are over the age of 18. People under the age of 18 cannot form legally-binding contracts, and this site contains user-generated content that Critical Information Collective is not responsible for.

We reserve the right to change this agreement at any time without further notice, and to notify users via an on-site notification. We reserve the right to update and/or change our pricing structure as needed. Users’ use of the site will be subject to the most current version of the Terms and Conditions and prices posted on the site at the time of use.

Critical Information Collective does not permit copyright infringing activities or infringement of intellectual property rights on its website, and reserves the right to remove any material if properly notified that it infringes another’s such rights, without prior notice. Critical Information Collective also reserves the right to terminate the account of any user found to be infringing the intellectual property rights of others, or failing to abide by these Terms and Conditions in any other way.

Users may not use the website in any way that is illegal, fraudulent or harmful. You may not use the site to distribute spam, or use its contents for unauthorised marketing or business purposes. You must not transmit or distribute viruses, worms or other malicious computer software.

Where Critical Information Collective has provided users with a translation of the English language version of the page or site's functionalities, then users agree that the translation is provided for their convenience only and that the English language versions of the terms will govern their relationship with Critical Information Collective. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence. 

Critical Information Collective does not endorse any material or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with any material submitted to the Critical Information Collective Image Library website by others.

All rights not expressly granted are reserved to the photographer and Critical Information Collective.

Terms and conditions applying to contributing photographers

All participating photogaphers are required to register with this website and to provide contact details, including an e-mail address. Photographers can register using the 'Photographer Log In / Register' option at www.photos.criticalcollective.org. Photographers are asked to keep their access details secure.

Participating photographers acknowledge that Critical Information Collective is an asset-locked non-profit making Community Interest Company that exists primarily to distribute information and editorial images as widely as possible. It is not a commercial venture and does not exist to maximise profits for photographers. As such, participating photographers agree that Critical Information Collective is under no obligation to obtain the best possible prices for their materials on their behalf. Photographers also agree that any materials uploaded under a Royalty Free licence shall be available to registered Civil Society Members at a 100% discount.

If photographers do not want to grant Critical Information Collective permission to license their materials as set out in these Terms and Conditions, they should not upload their materials to this website.

Photographers may upload material that they consider to be in the public interest and for which they own the copyright, except for materials that: do not abide by this website’s Ethical Guidelines; breach these Terms and Conditions; are gratuitously offensive; are likely to illicit illegal or violent behaviour; or breach laws or codes of practice for publication in any country where these images may be viewed.

By uploading their materials, photographers are warranting that they own all proprietary rights to the materials, including copyright. Photographers also agree to provide accurate and comprehensive information about the materials, both at the time of submission and subsequently, should new relevant information become available. Critical Information Collective reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate information. Photographers acknowledge that Critical Information Collective cannot accept any materials that infringe on any patent, trademark, copyright, right to privacy, right to publicity or any other applicable law or proprietary right.

Critical Information Collective retains the right to refuse submitted content and withdraw photographers' access for any reason. 

Copyright in any material photographers submit to this website will remain with the photographer, subject to any licence granted under these Terms and Conditions, unless the photographer has explicitly placed their images in the Public Domain. This remains the case whether or not the image has been paid for or freely shared. At no time does Critical Information Collective hold or own any right of ownership over photographers’ materials. For clarity, CIC only holds a temporary right to market and use photographers’ materials, as requested and agreed by them through the functionality of the website and under these Terms and Conditions. Photographers understand and agree that CIC may retain, but not display (with the exception of marketing material published prior to the material’s removal from the website) or distribute server copies of material that has been removed or deleted from the website.

By uploading materials to the website, photographers hereby grant us a non-exclusive use to access, use, display and reproduce their materials on or through the website. They further permit us to distribute and license to distributors, resellers, end users and other relevant third parties their material as permitted in accordance with the relevant licence requested and as agreed by them through the functionality of the website and under these Terms and Conditions. This right will terminate automatically 30 days after they remove or delete their materials from the website.

Whilst Critical Information Collective will endeavour to sub-license photographers’ material to Third Parties, we are under no obligation to do so, nor do we guarantee we shall do so.

Nothing in these Terms and Conditions shall prevent or seek to prevent photographers using materials for their own personal non-commercial purposes.

When submitting Material to the Website photographers agree that they will not grant any rights to any third parties which would conflict with the rights that they have already granted to Critical Information Collective under these Terms and Conditions.

Critical Information Collective aims to provide free resources to help photographers identify if their intellectual property rights are being infringed on the internet, but we do not accept any responsibility for resolving such infringements, or covering the costs of any resulting disputes. This responsibility rests with the photographer whose rights have been infringed. Our responsibility will be confined to removing any materials loaded to the website that are found to be in breach of copyright law.

Photographers acknowledge that materials they choose to license under a Creative Commons licence will be made available to anyone free of cost, including our registered Civil Society Members and other media buyers. Restrictions on usage as selected by the photographer will still apply.

Photographers agree that by choosing to submit their materials under a Royalty Free licence they permit Critical Information Collective to sublicense their materials in accordance with our current standard payment rates, unless those materials are being distributed to registered Civil Society Members who are entitled to a 100% discount. Photographers can check our standard Royalty Free payment rates by logging into the website and clicking the ‘buy’ button located under each photograph.

In the event that Critical Information Collective licenses photographers’ materials to a Third Party in return for a payment, we will subtract a commission of 50%, which will be used to help maintain Critical Information Collective and provide free resources to those that cannot afford to pay for them.

Critical Information Collective is also obliged to withhold an income tax of 20% from payments to photographers, which is paid to HM Revenue and Customs. This requirement is waived if photographers have applied to HMRC for tax relief at source.

All payments will be made using PayPal. Photographers selling images are therefore required to set up a Paypal account so that we can pay them. Payments will be transferred electronically once the balance has reached £50.00 and the photographer has requested payment.

Terms and conditions applying to registered Civil Society Members

Critical Information Collective and its contributing photographers shall license rights to use the materials on our website to registered Civil Society Members, in accordance with the specific licences selected by the photographers holding the copyright to the materials in question.

Materials will only be available for purchase in an instantly downloadable electronic format.

Registered Civil Society Members shall be entitled to a 100% discount on any materials that are being sold under a Royalty Free licence. This right shall not extend to Rights Managed licences.

Without limiting the foregoing, no advertising or promotional usage whatsoever may be made of any of images by Civil Society Members, unless such use has been agreed by you, Critical Information Collective and the photographer, and those rights are detailed in the Licence Agreement, and the required model and/or property releases exist.

Limitation of usage outlined in the licence agreement that Civil Society Members agree to may include, but are not limited to: size, place, territory and print-run.

Civil Society Members must not transfer, sub-license or otherwise assign rights granted to any third party without the express written permission of Critical Information Collective and the photographer.

Payments are accepted through Paypal and Skrill (Moneybookers). We do not issue refunds once images have been instantly downloaded without a watermark, unless the file is found to be defective.

A credit of Photographer/Critical Information Collective should appear next to any image downloaded from the Critical Information Collective Image Library and reproduced, unless otherwise agreed to by all parties.

Terms and conditions applying to other media buyers

Upon receipt of full payment, Critical Information Collective and its contributing photographers shall license rights to use the materials on our website to Other Media Buyers, in accordance with the specific licences selected by the photographers holding the copyright to the materials in question.

Materials will only be available for purchase in an instantly downloadable electronic format.

Without limiting the foregoing, no advertising or promotional usage whatsoever may be made of any of images by Other Media Buyers, unless such use has been agreed by you, Critical Information Collective and the photographer, and those rights are detailed in the licence agreement, and the required model and/or property releases exist.

Limitation of usage outlined in the licence agreement that Other Media Buyers agree to may include, but are not limited to: size, place, territory and print-run.

Other Media Buyers must not transfer, sub-license or otherwise assign rights granted to any third party without the express written permission of Critical Information Collective and the photographer.

Payments are accepted through Paypal and Skrill (Moneybookers). We do not issue refunds once images have been instantly downloaded without a watermark, unless the file is found to be defective.

A credit of Photographer/Critical Information Collective should appear next to any image downloaded from the Critical Information Collective Image Library and reproduced unless otherwise agreed to by all parties.

Privacy

All Photographers, Civil Society Members and Other Media Buyers sharing or downloading materials on this site are required to register. However, we only require and use the data you provide for specific and limited purposes, and will only request data that is adequate and relevant for those purposes. Some of these purposes may include: managing your account and the materials that you upload/download, processing requests for information or advice, diagnosing any problems with our website, and administering the website. We will not share your data with any third party without your explicit permission.

Our commitment to online security

Our physical, electronic and managerial procedures have been designed to safeguard the security and integrity of personal information. Billing information is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online complaints or requests. All of our staff members with access to personal information obtained on our web sites are also bound to adhere to this policy.

General

This agreement shall be governed by the laws of England and Wales.

Critical Information Collective reserves the right to assign, transfer or sub-contract our rights without acquiring user consent.

If any particular term in these Terms and Conditions is deemed unenforceable or unlawful by a court, the rest of the terms still stand.

These Terms and Condition are between Critical Information Collective and the users of this site only, and they constitute the entire agreement between Critical Information Collective and the users of this site.