Terms & Conditions
1) Acceptance of Terms
2) Uploading Images / Videos
3) Photography, illustrations and icons appearing on the website
4) World Press Pass
5) Disclaimers and Limitations
6) Website User Agreement
1) Acceptance of Terms
Picture Stock Worldwide Inc (Picture Stock) welcomes you. Picture Stock provides its services to you, subject to the following Terms and Conditions which may be updated from time to time without notice to you. In addition, when using particular Picture Stock services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
This is a legal agreement between you and Picture Stock Worldwide Inc. Read this agreement in its entirety before you continue to use this website. By continuing to use this website, you agree to be bound by the terms of this agreement.
I, customer and he/she referred to as 'Photographer / Videographer’ and 'Photographer' refers to 'Photographer and Videographer' throughout these terms and conditions. ‘Images’ also refers to ‘Video’ throughout this agreement.
Photographer attests that he/she has the right to enter into an agreement with Picture Stock and perform the obligations set forth herewith. Photographer and Picture Stock agree that our sales agency partners shall lease and sell Images created by Photographer. Both parties acknowledge that this Agreement is one of Picture Stock only and does not constitute an employment contract and that Picture Stock is acting in the limited capacity of an independently retained agent on the Photographer’s behalf.
Photographer attest that I am the sole and exclusive owner, now and in the future of all original digital images/video (hereinafter referred to as “Images”) uploaded to Picture Stock's picture agency partners (hereinafter referred to as “Picture Stock”).
Picture Stock does not sell any images. All images are sold through our picture agency partners.
2) Uploading Images
Uploading news and stock images to our partner websites:
When uploading news, features, stock photos or videos, Photographer must read and follow the instructions on our partner websites, Photographer must agree to the terms and conditions from each individual (third party) picture agency website/stock agency. Photographer must register on each (third party) partner website before uploading any images to their website(s). Each picture agency has the right to refuse any or all Images uploaded to them. Photographer must first pass a QC (Quality Control) test on their sample images before being allowed to submit additional images.
Receiving payments when images are sold:
Photographer will be paid directly from each picture agency Photographer uploads pictures to according to their website user agreement and/or their terms and conditions.
Resolution and format required:
When Images are being uploaded, Photographer must follow the guidelines from each individual picture agency.
Photographer attests that the Images being submitted do not knowingly infringe copyright, trademark, right-of-privacy or publicity and do not knowingly defame any third party.
Pricing Photographers work:
In some cases, prices for images are calculated after the picture buyer fills out the required details on the picture agency website selling the image. Factors such as type of media, press run or circulation, image reproduction size and placement as well as, duration of use will help determine a fair market price. Images are sold for the highest monetary value possible however, they are priced at a reasonable rate to fit and suit the changing picture buying market and to stay in line with worldwide competition.
Prices for editorial photos are at times based on the digital image size. For example, an image can sell for $50.00 or less if it is 500KB (half a MB in size) but the same image can sell for up to $850.00 or more if the client wants the same image at say 15MB in size. This is why it is important to submit images at the highest resolution as it will only increase Photographer's sales and income. See pricing information on the website that Photographer wishes to upload images to.
Picture Stock will send out approximately one newsletter each month by email to all customers, Photographers and everyone who has contacted the Picture Stock Email Support Center or by mail/fax. This newsletter can include but is not limited to, company information, special offers, photo tips, product and photography related recommendations.
Picture Stock does not share, sell, trade, rent out or barter any email addresses, postal addresses or any Photographer information to any third party ever. Photographer can opt-out of receiving our monthly newsletters at anytime by clicking on the Unsubscribe link located at the bottom of each email newsletter.
All checks returned back to Picture Stock are subject to a $25.00 USD bank service charge. The World Press Pass will not be valid and should not be used by Photographer while his/her account is in arrears.
3) Photography, illustrations and icons appearing on the website
4) World Press Pass
Photographer understands and agrees that Picture Stock is NOT responsible for Photographer, Photographer's assistant(s) or any equipment being used while using the Picture Stock World Press Pass in any way, shape or form. Photographer will NOT hold Picture Stock liable should an injury, death or misadventure occur to Photographer or assistant(s) while using the Picture Stock World Press Pass no matter how Photographer chooses to use the World Press Pass or whether shooting a photo/video or shooting pictures/video for Photographer's personal use, a third party or for any reason whatsoever.
Picture Stock is never responsible for Photographer and/or assistant(s) under any circumstances and Photographer/assistant(s) will not hold Picture Stock liable under any circumstance whatsoever should anything happen at any given time ever. Even if a letter on Picture Stock company letterhead was approved by a media relations department, Picture Stock is NOT responsible for any injury or death while covering an event whether liability insurance was purchased by the Photographer or not. Legal action from Photographer/assistant(s) and/or family will never take place against Picture Stock or any employee, officer, director or president of Picture Stock.
Photographer must purchase his/her own liability insurance through an insurance company or broker before attending and shooting an event. A copy of the liability insurance document must be faxed or the liability insurance document must be scanned and emailed to Picture Stock as proof that liability insurance for the specific event has been purchased.
Delivery delays of your World Press Pass:
Picture Stock ships out all World Press Pass orders the next business day in most cases however, some factors may come into play that are beyond our control and for this reason, we cannot guarantee that your order will be shipped out the next business day. Picture Stock will always notify customer ordering a World Press Pass should any delay take place with an estimated time of when the order will be filled. At that time, customer can opt to cancel their order and receive a full refund.
The following may prevent your World Press Pass order from being shipped out the next business day: Postal or courier strike although we will in most cases use another courier company should the one we normally use go on strike. World Press Pass printing equipment used to produce the World Press Pass is down, broken, malfunctioning or we are waiting for parts to arrive, labour disruptions, employees are not permitted to enter offices due to weather, floods, acts of GOD, war, storms etc. Picture Stock may close down our operations to allow all our employees to take their holidays at the same time. Large volume orders beyond our capacity may also prevent all orders from being shipped out the next business day. Should your order be on a vehicle or plane that crashes, Picture Stock will replace the order and ship out another one free of charge. There may be other reasons why your order is delayed however, staff will always communicate with customer to keep everyone updated on the status of their order(s).
Due to service limitations, we may not be able to deliver to regions not covered by courier companies. Any local duties, customs, and taxes that apply must be paid by the recipient upon delivery. For addresses in more remote locations, please add additional time for delivery whether you've chosen Economy or Express shipping.
Press Vehicle ID:The use of the Press Vehicle ID is at the discretion of the Photographer and does not relieve the Photographer from any traffic regulations, fines and/or towing. Picture Stock Worldwide Inc is not liable for the Photographer, assistant, equipment, personal belongings and/or vehicle under any circumstances whatsoever when the Press Vehicle ID is in use or not.
Payments to Picture Stock Worldwide:
Payments to Picture Stock could be made by personal check, business check, money order, credit card, Western Union Money Transfer, PayPal or bank wire transfer although a fee will apply to all bank wire transfers. Photographers living outside of North America must pay by credit card, a bank draft drawn on a US bank, PayPal, Western Union Money Transfer or bank wire transfer. Canadian residents must add and include all applicable taxes. All payments must be in US funds.
Money Back Guarantee:
Picture Stock will offer a 30 Day Money Back Guarantee on all 2 and 5 year World Press Pass orders. Customer must contact Picture Stock via Email to obtain an RMA (Returned Merchandise Authorisation) before shipping the World Press Pass back to our offices. Customer must return the entire package and all of its contents by courier and a tracking number must be provided as proof that the package was actually sent back to us. A full refund will be applied to the same payment method customer used to purchase the World Press Pass. Please allow 1-2 weeks after receiving the returned World Press Pass package to receive a full refund.
Not submitting images as a World Press Pass holder:
Photographer is not required to submit or upload any images to any picture agency. Photographer can order a Picture Stock World Press Pass only and have no other dealings with Picture Stock if desired. Photographer can also use the Picture Stock World Press Pass for his/her personal use or to work for a third party/agency with no restrictions.
Lost, stolen or damaged World Press Pass:
If the Picture Stock World Press Pass is lost, stolen or damaged, Photographer agrees to pay $50 for a replacement Picture Stock World Press Pass Card (shipping included). The replacement World Press Pass will have the same Photographer name and expiry date as the World Press Pass that was lost, stolen or damaged. In the event that the World Press Pass is damaged upon arrival, the damaged World Press Pass must be returned to Picture Stock before a replacement is issued.
5 Year, 10 Year & Lifetime Press Pass packages:
If Photographer purchases the 5 year, 10 year pr Lifetime Picture Stock World Press Pass package, a new Press Pass will be provided if Photographer wishes to update his/her picture. Photographer agrees to pay $50 (shipping included for North America and $10 shipping for International orders) each time a new Press Pass is required within the 5 year, 10 year or Lifetime package. The same expiry date will be used on all replacement Press Pass cards. This cost may change without notice.
Transfer of Press Pass:
All Picture Stock World Press Passes are NON transferable.
5) Disclaimers and Limitations
Picture Stock attempts to ensure that the information contained in its Terms and Conditions are accurate and reliable however, errors sometimes occur. Picture Stock does not guarantee the accuracy of the information contained in the Terms and Conditions and instructs Photographer to independently verify the accuracy of the information provided. In addition, Picture Stock may make changes and improvements to the Terms and Conditions herein at any time without notice.
6) Website User Agreement
Ownership of our website:
This website is owned and operated by Picture Stock Worldwide Inc (referred to as "Picture Stock," "we," "our"). All content included on our website, such as photographs, illustrations, Images, text, audio clips, video clips, graphics, clip art and software (referred to as "Content") is owned by Picture Stock Worldwide Inc or our Content providers and/or our Photographers. All Content is protected by Canadian and International copyright laws. For the protection of Picture Stock and our Content providers, Images may be watermarked and/or digitally watermarked.
Picture Stock, our slogan(s) and the Picture Stock logo are registered trademarks of Picture Stock Worldwide Inc. You cannot reproduce any unlicensed trademarks, service marks, slogans or logos onto printed materials, website(s) and merchandise without written permission from Picture Stock. Words, slogans, names and designs used to identify services or products are considered trademarks, service marks and/or logos. The owner of a trademark, service mark, slogan or logo has the exclusive use and reproduction rights. You will be able to place our banners on your website provided that they are not altered or changed in any way. Picture Stock Affiliates will have access to banners, ads, email links and promotional material directly from Picture Stock. Any material, promotional material, advertising and/or videos produced by our Affiliates must be sent to Picture Stock beforehand for final approval.
The same policy applies for copyrights. You cannot use the unlicensed copyright materials from artists, photographers, publishers, writers, composers and other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. You may not use our trademarks without our written permission.
All material and software on this website is Copyright © Picture Stock Worldwide Inc. All Rights Reserved worldwide. The Images on this website are owned by Picture Stock and/or individual Photographers and are protected by the intellectual property laws of Canada and International copyright conventions.
Grant of rights and use of the content:
Accepting these uses, you may not reproduce, distribute, transmit or otherwise exploit the Content in any way. In particular, you may not include the Content in any other publication, product or on any other website or computer network. In addition, you must abide by all other terms, conditions and restrictions contained in any other agreement associated with the Content throughout our website.
The software incorporated into this website, (the "Software"), is provided by Picture Stock and contains copyrighted material, trade secrets and other proprietary material and in order to protect them, you may not reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, distribute or create derivative works based upon the Software in whole or in part.
Our website and the Content are provided to you on an "As Is" basis. We make no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchant ability, fitness for a particular purpose or non-infringement to the fullest extent permissible pursuant to applicable law. Although we use our reasonable best efforts to ensure the accuracy of the Content on our website, we make no representations or warranties as to the accuracy, correctness or reliability of the Content. Furthermore, we make no representations or warranties that the functional aspects of our website will be uninterrupted or error-free or that our website or the server that makes it available are free of viruses or other harmful components. (Because some jurisdictions do not allow for the exclusion of implied warranties, some of these exclusions may not apply to you). You acknowledge that your use of our website is at your own risk. Picture Stock nor any of its directors, officers, employees, parents, subsidiaries, affiliates or agents shall be liable for any damages, whether direct, indirect, consequential or incidental or other damages arising out of the use of or the inability to use any of our products or services.
As a convenience, our website links to other websites that may be of interest to you but are not under our control. These links do not imply an endorsement by Picture Stock and we are not responsible for the availability of or the content contained in any linked website.
How to contact us for further information:
For any information or questions regarding these Terms and Conditions set here, please contact us through our Contact Us page.