1. Overview
2. Ownership of Content
3. Price
4. Accounts
5. Content
6. Usage Restrictions
7. Taxes
8. Rights and powers of Carzoomers
9. Carzoomers obligations
10. Commission
11. Loss of content or system failure
12. Registered trademark
13. Variations
14. Termination
15. Notice
16. License
17. Indemnification of liability
18. Limitation of Liability
Contributor contract
Carzoomers runs a global site for car photography.
The following Terms are a legally agreement between you (the content uploader, contributor or seller) and Carzoomers.
Read the Terms and be sure you understand it, they describe your legal relationship with Carzoomers and the rights you are granting to Carzoomers in any media submitted by you to Carzoomers and the uses Carzoomers may make of your content.
These terms are originally written in English and then automatically translated, so if there is any discrepancy the original language text, English should prevail.
1. Overview
a. By submitting any Content to Carzoomers, you grant to Carzoomers a worldwide right and license to sell, reproduce, sublicense, advertise and market any Content uploaded by you and accepted by Carzoomers. You also give permission to Carzoomers to add, modify or remove information related to your Content in order to manage and license such Content.
b. You allow Carzoomers to use and display your contributor name and content worldwide without the payment of any compensation to you.
c. You are registering as a contributor to upload content to carzoomers.com and the content will be sold by them.
d. By registering as a contributor you agree to provide your full legal name.
2. Ownership of Content
a. The copyrights in all Content stay with the copyright owner, However, by submitting media to Carzoomers, you expressly cede any rights so that customers may use your Content in accordance with the Licenses offered by Carzoomers.
b. The contributing user must be the author of the uploaded photos. If a user uploads photographs of third parties it will be their responsibility. The Carzoomers site is not responsible for the rights violated by the photos uploaded by the users.
c. All content belongs to Carzoomers or its affiliated photographers.
Carzoomers may remove any content if it believes that any of the terms and conditions of use as well as other legal texts on the website have been violated,
d. The user who makes the purchase is responsible for the use he makes of the downloaded file.
e. Carzoomers does not give any guarantee or right to the use of brands, names, logos, architecture or works of art that appear in the downloaded file.
f. By uploading content as a contributor you agree that no third party will claim for the use, modification or reproduction of the images.
3. Price
a. The price of the content to sell is set by Carzoomers.
b. The price established for the images can be changed by Carzoomers at any time.
4. Accounts
a. You agree to provide truthful data and information regarding your Carzoomers contributor account.
b. By opening a contributor CarZoomers account you accept the CarZoomers Privacy Policy and also the stoorage, processing, manipulating and sell all the content,data and personal information submitted by you.
c. Carzoomers has the right to close and eliminate an account for the violation of any of these terms of use.
d. Carzoomers will eliminate your account no later than ninety (90) days since we recieve a written request from you to close your account. All your content can be available during this 90 days.
You cand remove your uploaded photos anytime you want.
e. You may not have more than one contributor account.
f. You are responsible for your account, your password and the security of your account.
You also agree:
– to notify Carzoomers when you believe your account has been compromised.
– accept full responsibility for what happens to your account
g. Carzoomers reserves the right to delete any account that it considers to be in breach of the above terms or that is a danger to other users.
h. Carzoomers does not offer any rights or guarantees other than those described in these pages.
5. Content
a. Carzoomers may accept or remove content from the site for any reason.
If any of the TOS are violated the content and the account will be removed.
b. Carzoomers may advertise your content on social media platforms like Instagram, Facebook, Twitter and similar sites. As well as modifying the image or adding watermarks for promotional and advertising functions.
c. By registering and uploading your content you give permission to carzoomers for the alteration and reproduction of your content on the pages of the website carzoomers.com as well as on our social networks and will not make any claims about it.
d. You guarantee that all the image metadata, as well as its description and all the information you provide, is true and does not infringe on the rights of third parties nor does it have content that could be offensive or pornographic.
e. As a contributor you guarantee that your photos comply with the property and privacy laws of your country and that you have the consent of the people in the photo, if necessary according to the laws of your country
f. By uploading content you agree not to contact the buyer of your photo for any claims or demands of any kind.
g. All photos or uploaded content that are not vehicle images will be automatically rejected. Only photographs of vehicles may be uploaded.
h. All photos with models will be rejected.
i. Carzoomers reserves the right to accept or reject the photographs of its choice.
6. Usage Restrictions
a. All content on the site is licensed “Personal” which means that the photos can only be used for private use as posters, canvas or any non-commercial public use.
b. The purpose of the website is to provide photos to the owners of the cars shown in these photos.
7. Taxes
a. The price of the digital files offered includes VAT or VAT according to the country of purchase, within the European Union according to the latest laws in force.
8. Rights and powers of Carzoomers
a. Carzoomers can display the content and all the information that a collaborator has provided from it and be translated into other languages, sometimes automatically. Carzoomers cannot be held responsible for any automatic translations that may be erroneous or offensive.
b. By uploading images you grant carzoomers the right to resize your images for any purpose.
c. You authorize Carzoomers to upload your content and information provided to our database.
e. Carzoomers will stipulate the prices it considers most appropriate and may change them at any time.
f. By registering you name Carzoomers as a non-exclusive operator of the images you upload and their associated information, in all possible formats whether physical or digital.
g. Carzoomers has the right to negotiate the terms of commissions, licenses and fees, as well as the duration of these.
h. You authorize that Carzoomers can modify your images and create other derivative.
i. Carzoomers can modify any information about the image you have provided, such as title, description, keywords… if it considers that this way it can be beneficial for sales or to facilitate the search of the image on the website.
j. The content price is set by Carzoomers.
k. Carzoomers is not responsible for sales or use of images outside the website. If the contributor uploads a photo and it is sold by a third party it is not the responsibility of Carzoomers and cannot be claimed for any damages.
9. Carzoomers obligations
a. Carzoomers is committed to treating employees and their images with respect.
b. Carzoomers agrees to pay each contributor their commission if a photo of them is purchased.
10. Commission
a. Carzoomers will pay you a percentage every time someone buys content from you.
b. Due to computer issues there may be a delay in payment but in no case will it exceed 30 days since the purchase was made.
c. The forms of payment usually carry a commission so this amount will be deducted from the contributor’s percentage of earnings.
e. If Carzoomers makes an error in payment and overpay you, Carzoomers shall have the right to deduct the overpaid money from your account.
f. Each contributor must have an associated single payment account that cannot be shared by another contributor.
g. Carzoomers reserves the right to change the amount and percentage of commission each contributor/vendor receives at any time.
h. As a contributor you accept that the final amount of the commissions may vary due to currency exchange and the relationship between them. Therefore, it is possible that for the same photo there may be a variation of cents in the commission if it is purchased on different days and the exchange value of the currencies has changed.
i. The currency of the website is the Euro so the payment of commissions to countries using other currencies will be done with a currency conversion.
j. The contributor is responsible for providing the correct payment methods and keeping them up to date. If payment details are incorrect, out of date, expired or do not work, Carzoomers will not be able to issue commission payments.
k. The commission for the Seller/contributor is 60% of the subtotal sale price excluding taxes. Depending on the currency, the country and the exchange rate the final amount may differ by a small amount.
For example, if the purchase is made from the European Union the total price is 9.95 euros, the subtotal (excluding 21% tax) for Spain is 8.22 euros, so the contributor would get the 60% of 8.22 euros which is 4.93 euros for each photo sold.
So we will send you those 4.93 euros and the company that processes the payment (Paypal or Stripe) will take a small commission depending on the payment method the contributor has entered. (e.g. Paypal fee is 2.90% + 0.35 Eur for Spain.)
We will always choose the payment method that favors the contributor the most.
(This information is indicative and not contractual because it may differ due to the variables mentioned above)
l. Carzoomers reserves the right to change the contributor commission to ensure the continuity of the website. The contributor will be notified by email if the commission changes.
11. Loss of content or system failure
a. The system or servers can fail and can also be attacked or hacked. For this reason it is possible that there is a loss of the content uploaded by the collaborator.
Carzoomers shall have no liability nor shall it compensate the contributor for the loss or deterioration of the content or images.
b. It is the contributor who must keep a copy and back up of the images in case they are required by Carzoomers.
c, Carzoomers is authorized to delete or remove content uploaded by any contributor at any time.
12. Registered trademark
a. You agree that you will not use any logo or brand name, or any other derivative of Carzoomers.com.
b. You agree not to copy or use any element of the website such as headers, scripts, button icons etc.
c. You may not use any logos, or parts of the website, or photos on another website without the express consent of Carzoomers.
13. Variations
a. Carzoomers may modify, add or remove elements of this contract by giving the contributor 45 days notice.
The contributor may accept the new terms of the contract or may decline to accept the new terms by exercising their right to terminate this contract and delete their account. You must notify your wish to
14. Termination
a. Contributors may terminate this contract on 45 days prior notice to Carzoomers at any time or may terminate this contract immediately if one of these terms has been violated by Carzoomers.
b. Carzoomers may terminate this contract on 45 days prior notice to Carzoomers at any time or may terminate this contract immediately if one of these terms has been violated by you, the contributor, or if the website carzoomers.com and the system its permanently closed and the activity stops.
In this case, Carzoomers will remove all your uploaded content but will not have to return any images, data or files to you.
15. Notice
a. All notices under this agreement will be sent electronically to the e-mail addresses provided by each party.
16. License
We provide a license for personal use. The purpose of this license is the individual and personal use of the photo that the user downloads. The purpose is for the owner of the vehicle to have a nice artistic memory of his car or motorcycle.
The following are "Permitted Uses" of media purchased from us:
-Social network posting or profile picture;
-Decorative background on a personal computer or mobile device;
-Printing the image on posters or canvas for personal decorative use; online or electronic publications, including websites, blogs, e-books and videos, limited to a maximum of 480,000 total pixels (e.g., 600px x 800px) per media file where no editing is done.
Prohibited uses:
-Invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, advertisements, catalogues, brochures, promotional greeting cards and promotional postcards up to a series of prints;
-Entertainment applications such as books and book covers, magazines, newspapers, publishing houses, newsletters and video presentations, broadcast and theater up to an unlimited number of prints;
-Prints, posters (i.e. a hard copy) and other reproductions for promotional, resale, licensing or other distribution purposes up to an unlimited number of prints
-Install and use Stock Media in more than one location or post a copy of Stock Media on a network server or web server for use by other users Sublicense, resell, rent, loan, assignment, gift or transfer or distribution of the Media or the rights granted under these terms;
-Use any of the Media as part of a trademark, design mark, trade name, service mark or logo
-Remove any copyright, trademark or other proprietary rights notices from any place on or embedded in the Media Use the photographs in a manner that is deemed by us or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that is reasonably likely to bring infamy to any person or property reflected in the photographs;
-Use the downloaded content in a manner that competes with our business, including, but not limited to, displaying the media in any format (including thumbnails) for download or export on a website or offering stock media for sale
-using the photos for editorial purposes without including the following credit adjacent to the Media or in audiovisual production credits: "©[Carzoomers]";
-Incorporate the photos into any product that results in a redistribution or reuse by the Media or is available for a person to extract or access or reproduce the photo as an electronic file;
-To the extent that the source code is contained in Stock Media, reverse engineer, decompile or disassemble any part of that source code:
-Show the acquired photo in an electronic format that allows it to be downloaded, exported or distributed through mobile devices or shared in any point-to-point or similar file-sharing agreement;
-Use or display the photos in a manner that gives the impression that the media was created by you or a person other than the media copyright holder
For any use not listed here, or for questions about our license, please contact us.
17. Indemnification of liability
The user agrees to indemnify and hold Carzoomers harmless from any damages, expenses or liabilities arising from the user's failure to comply with any of the conditions or terms of this agreement.
18. Limitation of Liability
Carzoomers shall not be liable to you or any other person or entity for any damages, expenses or losses arising from this agreement, even if Carzoomers has been advised of such actions.
