Terms & Conditions | Picture Public Health

Welcome to Picture Public Health!

By using our website and services, you are agreeing to these Terms and Conditions. We know the legal stuff isn’t super fun, but we really don’t want you to get in trouble, so please take a look!

Here’s the deal:

Buyers:

You can buy licenses for photos.
You can only use photos for education purposes — not for commercial purposes. (Not sure if your use qualifies? Email us!)
If you want to use a photo for more than 1 website, project, or client, you need to buy a separate license for each one.

Sellers:

You keep the copyright to your photos, and you can sell your photos on other websites too. You’re just giving us permission to license your photos to our buyers.
You get paid! Check out our rates.
Please only upload photos that you have complete rights for. (Seriously, we don’t want you to get in trouble.)
You need to have a model release for everyone in your photos. Need a blank model release form? We’ve got you covered.
You can remove your photos from our site at any time — just give us 30 days notice.

In general:

Don’t steal from us. That’s not cool.
If you don’t agree to these terms, you can’t use our site. Sorry!

Those are the highlights of the official terms below. If there’s ever a conflict between this summary and the official terms, the official terms rule. So read those carefully too!

Terms and Conditions

This agreement is between CommunicateHealth, Inc., owner and operator of picturepublichealth.com (Picture Public Health, We, or Us) and the user (You) of this website.

By using our website and services, you are agreeing to these Terms and Conditions.
License Purchasers

In addition to the general Terms of this Agreement, the Terms of this section apply to those users who purchase Licensed Content.
This agreement grants You a non-exclusive, non-transferable right to use and reproduce photos for which you have purchased a license (Licensed Content) on picturepublichealth.com (Site), with some limitations:
You may:

Use the Licensed Content for Educational Purposes in media (including magazines, books, periodicals, newspapers, and other print materials, television, websites, and apps)
Use the content in educational or promotional materials that are part of a public health or wellness campaign

You may not:

Use the Licensed Content to sell, market, or otherwise promote a commercial product, without prior written consent from Picture Public Health
Use any content found on the Site in any defamatory manner or context
Use the Licensed Content as part of a trademark
Use the Licensed Content as the basis for any individual physical or digital objects which you then offer for sale
Distribute the Licensed Content on a network, photo CD, website, or by any other means (remember, content you license is for you or a single client to use)
License, re-license, sell, or allow others to use the Licensed Content
Use any content found on the Site for any illegal or fraudulent purpose, or to promote pornographic and obscene material

Educational Purpose. An Educational Purpose shall be defined as a use that is integral, immediate, and proximate to the education of persons on topics of public health and/or wellness campaigns. Use as part of any commercial product or service, or in the marketing or promotion of any commercial product or service, is not an Educational Purpose and is not allowed under this Agreement.
You are fully responsible for the end use and any legal and/or financial liabilities that happen because of how you used the photographs. You agree to hold Picture Public Health, the Site, its owners, and all affiliates harmless for any loss, damage, or legal liability related to the use of any Licensed Content.
You must purchase a license for each image that you wish to use. The licensee/end-user is responsible for any and all liabilities that may happen because of how they use the Licensed Content.
Licensing as an agent. If you are licensing the content as an agent of or for a client, the principle or client holds the license.
Licensing an image does not transfer its copyright to you.
By using this Site to purchase a license for Content, you agree to these Terms and Conditions.
Term. This license only remains in effect as long as you follow the Terms and Conditions in this Agreement. If you don’t follow the Terms and Conditions, any licenses held by You for any Licensed Content will immediately be terminated. If any licenses held by You are terminated, you must destroy all copies of the Licensed Content within your control. Limitations of Warranties and Liability still apply even if any licenses held by You have been terminated.
Payment. By purchasing licenses on the Site, you also agree to the Services Agreement of our payment processor, Stripe. See Stripe’s Services Agreement.

Photo Contributors

In addition to the general Terms of this Agreement, the Terms of this section apply to those users who upload photographic content to the site.
By uploading your photographic works (Art Work) to picturepublichealth.com, you agree to be bound by the Terms and Conditions of this Agreement as follows:
Purpose and Scope. This is a legal agreement between You and Picture Public Health. It provides the terms by which you may provide Art Work to Picture Public Health for use on the picturepublichealth.com website (Site). By entering into this Agreement, you are appointing Picture Public Health as your non-exclusive agent to license, sublicense, and distribute Art Work on the terms and conditions of this Agreement. Each upload of Art Work to the Site will be governed by this Agreement.
This Agreement affects your rights and obligations. By uploading your images to Picture Public Health, you are agreeing to be bound by these Terms and Conditions. We recommend that you print a copy of this Agreement for your records.
Age Limitation. You must be at least 18 years old to upload Art Work to the Site.
This Agreement remains in full force and effect until you or Picture Public Health ends it by following the termination procedures set forth below under “Termination”. If at any time the Terms and Conditions of this Agreement are no longer acceptable to you, follow those procedures to end the Agreement.
Discretion to Accept Photographs: Accepted Art Work. Picture Public Health has sole discretion to determine which Art Work is suitable for posting on the Site or other means of distribution (“Accepted Art Work”).
Grant of License and Agency Authority

Grant of Agency Authority. By uploading your Art Work, you appoint Picture Public Health as your non-exclusive distributor to sell, license, or sublicense Art Work to third parties worldwide and to collect and remit funds related to those endeavors according to the terms in this Agreement.
Grant of License. For all Art Work, you grant Picture Public Health:

the worldwide right, including the right to sublicense the right, to market, copy, use, reproduce, distribute, redistribute, further sublicense, publish, republish, upload, post, transmit, broadcast, crop, modify, alter, create derivative works of, package, repackage, produce and sell prints or similar image products and to publicly perform or display Art Work in any and all media now in existence or that may in the future be introduced: (i) through the Site; or (ii) through other venues owned or operated by Picture Public Health or its affiliates; and
the right to grant perpetual, worldwide and non-exclusive licenses or sublicenses to end-users. You agree that Picture Public Health will determine the terms and conditions of all licenses and sublicenses of Art Work that it grants.

Use of Art Work for Other Business Purposes. In addition to the previous grant, Picture Public Health and its affiliated entities may post, reproduce, modify, display, make derivative works or otherwise use any Accepted Art Work, including any associated trademarks, for its own business purposes relating to the promotion of the Site, the Art Work, and distribution programs, and to promote the licensing of Accepted Art Work, whether on the Site or through third parties. Picture Public Health will not compensate you for use of Art Work for such business purposes.
Retention of Copyright. You will retain copyright for the uploaded Art Work.
Your Rights to Art Work

Exclusive Rights to Art Work. By uploading Art Work, you are representing and warranting that:

you own or have full and exclusive rights to all intellectual property and other proprietary rights, including copyright, for the Art Work with full power to grant the rights listed in this Agreement;
the Art Work represents original creations and expressions of subject matter, and no Art Work or associated descriptive information infringes any copyright, trademark, right of privacy or right of publicity or other proprietary right of a third party; and
you have not obtained the Art Work in any unlawful manner, whether civil or criminal.

Rights to Use Images of Individuals. If your Art Work has images of one or more people, you represent and warrant that you have secured a valid and binding model release from each person in the Art Work. Picture Public Health will provide to you, at no cost, a suitable Model Release Form. You can download the Model Release Form here. We strongly encourage you to use the Model Release Form, but you may use your own form if it provides substantially the same license and releases as Picture Public Health’s Model Release Form; specifically including (1) an unconditional grant of the right, to you and to all others that you choose at any time, to modify, substantially alter, and/or use the individual’s image captured in the photograph(s) for any purpose; (2) a release by each such person from any and all damages and liability that may happen because of such use; (3) an agreement that you may transfer the grant and release to any other parties of your choosing; and (4) the signature of each identifiable individual within the photograph(s) or, if any such individual is under the age of eighteen (18) years, the signature of that individual’s legal guardian, verifying such grant, release, and agreement. You further agree that you will keep the original of such completed and signed release(s) and will provide copies to Picture Public Health upon request. Picture Public Health shall have the right, but not the duty, to reject any model release and associated photograph(s) if, in its sole discretion, it deems the model release to be inadequate.
Rights to Use Images of Property. You represent and warrant that you have obtained a valid and binding release relating to any identifiable property in the Art Work that might be required by the owner of such property to permit the broad uses, including commercial use, of such images by Picture Public Health and its customers without liability to such owner. You further agree that you will keep the original of such completed and signed release(s) and will provide copies to Picture Public Health upon request.
Prohibited Works. You will not upload any Art Work or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, or right to publicity, or otherwise infringes or violates any other applicable law or proprietary right.
Non-defamation. By uploading Art Work, you are representing and warranting that the Art Work and related information does not defame or cast into disrepute any third party.
Waiver of Credits and Objections to Use of Art Work

Credit. Picture Public Health will use commercially reasonable efforts to credit you as the source of Accepted Art Work. You acknowledge and agree, however, that consistent with common business practice Picture Public Health may not credit you for certain uses of your Art Work. Picture Public Health will not be liable for not providing credit to you for any Art Work.
Modification and Use of Art Work. You further acknowledge and agree that, consistent with common business practice with respect to commercial use of visual works, Art Work may be modified, may be used in connection with sensitive topics, and may be used or modified in ways that may be deemed controversial or unflattering by you or others.

Compensation

Rate Schedule. Picture Public Health agrees to pay you fees and/or royalties according to the Rate Schedule on the Submission & Payment Process page, which is linked here and is included in this Agreement by reference. The Rate Schedule may change at Picture Public Health’s sole discretion, upon providing you 30 days notice by e-mail at the last address in your registration information and by posting the changes on the Site. If at any time the Rate Schedule is not acceptable to you, you may end this Agreement by giving 30 days written notice to Picture Public Health.
Timing and Calculation of Payments. The method and timing of any payments owed to you for Art Work according to this Agreement will be as stated on the Submission & Payment Process page. In all cases, payment to you will be net of: (i) taxes or other withholdings required by law; (ii) bad debts or other uncollectible sums; (iii) cancellations or refund of a license where the original sale has been reported to you, including but not limited to cases of fraudulent transactions; (v) previous overpayment of royalties; and (vi) any amounts that you owe to Picture Public Health under this Agreement or otherwise. Without limiting the generality of the foregoing, Picture Public Health is entitled to set-off, against any amount owed to you, all amounts to which Picture Public Health is or may be entitled under this Agreement or otherwise at law, including withholding amounts as security for any pending or threatened claim relating to any matter which is the subject of a representation, warranty or indemnity by you under this Agreement.
No Payment For Restricted Art Work. You agree that Picture Public Health will not be required to pay royalties to you regarding certain Art Work if Picture Public Health is restrained or otherwise prevented from using rights granted under this Agreement relating to such Art Work because those rights are found to be an infringement or contravention of a third party’s intellectual or other property rights.

Managing Art Work. All Art Work that you provide to the Site must be consistent with Picture Public Health rules and policies and the terms of this Agreement. Picture Public Health shall have the right, but not the duty, to correct, delete, move, reject, or edit any Art Work or related information that it determines, in its sole discretion, violates or may violate this Agreement, the rights of others, or any of its policies, or is otherwise unacceptable. Notwithstanding that Art Work must meet certain standards, Picture Public Health is not responsible for the content, quality, correctness, or consequences of your Art Work as provided to Picture Public Health.
Third Party Use of Art Work. You agree that Picture Public Health will not be responsible for compliance by any third party with the terms of any agreements they may execute in connection with the purchase, license, or use of Art Work and that Picture Public Health shall have no liability to you or any person claiming through you for any use of Art Work or breach of any such agreement.
Confidential Information. For the purposes of this Agreement, “Confidential Information” means any and all data, information, documents, software or materials related to the business and management of Picture Public Health or its affiliates, licensors, or licensees, that are designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, alliances, graphics, documentation, finances, research, development, know-how, trade-secrets, training materials, personnel, identities or personal information of any kind pertaining to any individual, methodologies, Site content belonging to others and other intellectual property. You acknowledge that Confidential Information that you obtain in connection with this Agreement, the use of the Site, and the provision of Art Work constitutes valuable, confidential, proprietary information of Picture Public Health and its affiliates. You agree that during and after the term of this Agreement, you will not use or disclose any such Confidential Information to any other person without the express written consent of Picture Public Health, except as specifically authorized under this Agreement.
Your Information. Picture Public Health may use any information that you provide to Picture Public Health in connection with this Agreement, including for the purpose of contacting you, and it may disclose this information to service providers as needed to facilitate transactions on the site (including but not limited to sharing information with third-party vendors such as payment processors). Picture Public Health will make every effort to keep your personal information confidential and secure, and will not intentionally sell, rent or share your details with other parties without your permission, unless it’s necessary to the Site’s operations. If you sign up for our mailing list, we will email you information that we believe you may have an interest in, but you will be able to opt out of these mailings at any time.
Responsibility for Site Access. You acknowledge and agree that you will be responsible for each and every access or use of the Site that happens in conjunction with your username and password on record with Picture Public Health, and that Picture Public Health is authorized to accept your username and password as conclusive evidence that you wish to upload Art Work according to this Agreement. Picture Public Health shall have no liability or responsibility to monitor the provision of Art Work under your username and password.
Representations and Warranties. You hereby represent and warrant as follows:

You have the legal capacity and authority to enter into this Agreement, are the sole and exclusive owner of the Art Work, have the right to grant all of the license rights to be provided under this Agreement, and have not granted any rights or licenses that would conflict with this Agreement, including rights or licenses to any Art Work provided under an exclusive Agreement.
No portion of the Art Work contains any disabling mechanism or protection feature designed to prevent its use, copying, or enjoyment in the manner contemplated in this Agreement, and all Art Work will be free of any virus, worm, lock, or other mechanism or device that may be used to modify, delete, damage, or disable the Site or the Art Work or any other hardware or computer system, or which would otherwise render inaccessible or impair the use of the Art Work or the Site in any way.
Any information provided with the Art Work will be complete and accurate in all material respects and will not include false, misleading, or inapplicable metadata intended to or which has the effect of improperly altering search results that would otherwise be applicable to such Art Work.

Indemnity

You agree to indemnify, defend, and hold harmless Picture Public Health and its affiliates and successors, and their respective shareholders, members, directors, officers, employees, agents and licensees (collectively, the “Picture Public Health Parties”) from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys’ fees and costs) each may incur as a result of or in connection with: (i) any use or alleged use of the Site or provision of Art Work under your username by any person, whether or not authorized by you; (ii) any communication made or Art Work uploaded under your username; (iii) any breach of this Agreement by you; and (iv) any third party claim to the extent such claim is based upon an allegation that any Art Work has caused injury or damage to, or infringes any copyright, trade secret, trademark, right of privacy or publicity, or other third party right.

Picture Public Health reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with Picture Public Health's defense of such claim. You further agree to reimburse Picture Public Health its reasonable attorneys’ fees and costs that it incurs in conducting the defense of such matter.
Picture Public Health shall have the right to determine whether and to what extent to proceed against a licensee or other third party (an "Infringer") for any violation of a license agreement or infringement of intellectual property rights in your Art Work provided to Picture Public Health. You hereby release Picture Public Health from any and all claims that you might have, either directly or indirectly, arising out of or in connection with a determination by Picture Public Health to proceed or not to proceed against any Infringer in any instance. If Picture Public Health recovers monies that are intended to compensate Picture Public Health for lost licensing fees or statutory damages as part of a legal or enforcement action taken against an Infringer, it will divide the recovery between you and Picture Public Health, after deducting all costs and expenses incurred in gaining such recovery (including, without limitation, reasonable attorney’s fees and costs), according to the Compensation section above. If Picture Public Health notifies you in writing that it has elected not to proceed against an Infringer, you have the right to proceed against the Infringer for a license violation or infringing action.
Termination. You may end this Agreement at any time by giving thirty (30) days written notice to Picture Public Health. Picture Public Health may also end this Agreement for any reason by giving you thirty (30) days notice by e-mail at the last address in your registration information. If you don’t follow the terms of this Agreement, Picture Public Health may end the Agreement immediately by providing written notice.
Effect of Expiration or Termination

Period of Continued Right To License. Picture Public Health shall have a goal of removing Accepted Art Work from the Site within thirty (30) days of expiration or termination of this Agreement. It will have the right to continue licensing Accepted Art Work according to the terms of this Agreement until it removes that Art Work from the Site following termination or expiration.
Continued Right to Compensation. Even if this Agreement ends, Picture Public Health will continue to pay compensation due to you in accordance with this Agreement for licenses granted during the transitional period, subject to any rights of set-off under this Agreement or at law.
Rights of Set-off. When this Agreement ends, Picture Public Health will be entitled to keep all amounts owed to you for a period of thirty (30) days to determine any applicable rights of set-off.
No Impact on Existing Licenses. Notwithstanding any other provision in this Agreement, the ending of this Agreement will not alter or affect the rights granted to licensees, sub-licensees, or other third parties by Picture Public Health according to this Agreement.
Survival of Rights, Defenses, and Limitations of Liability. The rights, defenses and limitations of liability provided to Picture Public Health, its affiliated entities and their respective directors, members, officers, employees, agents, and representatives under this Agreement will survive even if this Agreement is ended. In addition, the provisions of this Agreement relating to managing Art Work, Confidential Information, representations and warranties, indemnity, and disclaimer of warranties will also survive and continue in full force and effect even if this Agreement is ended.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ANY ART WORK CONTAINED THEREIN, IS PROVIDED BY PICTURE PUBLIC HEALTH “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, PICTURE PUBLIC HEALTH DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE ART WORK OR INFORMATION CONTAINED THEREIN. YOU AGREE THAT NEITHER PICTURE PUBLIC HEALTH NOR ANY OF ITS SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, OR LICENSEES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY ART WORK. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PICTURE PUBLIC HEALTH OR ANY OF ITS SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS OR LICENSEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE ART WORK, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF PICTURE PUBLIC HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, PICTURE PUBLIC HEALTH'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF THE SITE OR THE ART WORK IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES COLLECTED BY PICTURE PUBLIC HEALTH FOR THE ART WORK THAT IS THE SUBJECT MATTER OF THE CLAIM, BUT IN ANY EVENT WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF PICTURE PUBLIC HEALTH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Notice and Service.

To you. You consent to service of any required notice or process upon you by email, by registered mail, or by overnight courier with proof of delivery notice, addressed to the address or contact information that you provide at the time Picture Public Health grants you an account.
To Picture Public Health.

Picture Public Health
26 Market Street
Northampton, MA 01060

Waiver of Trial by Jury and Participation in Class Actions. You agree to waive any right you may have: (i) to trial by jury; and (ii) to start or join any class action against Picture Public Health related to the Site or this Agreement.
Recovery of Attorneys’ Fees and Costs. You agree to reimburse Picture Public Health for any attorneys’ fees and costs it incurs to successfully enforce any terms of this Agreement.
Applicable Law and Jurisdiction. You agree that this Agreement will be governed by the laws of the Commonwealth of Massachusetts and the laws of the United States of America (without reference to conflicts of laws principles). If any legal matters arise relating to this Agreement, you agree that they will be the exclusive jurisdiction of the federal and state courts of Hampden or Hampshire County, Massachusetts, U.S.A. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Non-waiver. If Picture Public Health does not insist on or enforce any part of this Agreement, that does not mean Picture Public Health has given a waiver of any provision or right.
Assignment of Agreement. This Agreement is personal to you and is binding upon your heirs, executors, legal representatives, and for any third party for which you are acting as an agent in your activity on the Site, as the case may be, and is not assignable by you without Picture Public Health's prior written consent. Picture Public Health may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
Severance. If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties, or in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions that as nearly as possible reflects the terms of the unenforceable whole or part provision.
This Agreement can be changed (amended) by Picture Public Health with thirty (30) days written notice to you. If you don’t end this Agreement within thirty (30) days of receiving notice of the changes, we will consider that to be your acceptance of the changes. The Agreement can also be changed with the written agreement of You and Picture Public Health.
Acknowledgement of Opportunity to Seek Legal Advice; Complete Agreement. You acknowledge that you have read this Agreement, understand it, and have had an opportunity to seek independent legal advice before agreeing to it. You also agree that it, with the any other agreements expressly referenced and incorporated in the Agreement, is the complete and exclusive statement of the Agreement between You and Picture Public Health, and that this Agreement supersedes any proposal or prior oral or written agreement, and any other communication between You and Picture Public Health on the subject of this Agreement.