IMPORTANT: The following are examples of a T&C page specific for photo usage. This should only be used as a reference and should be approved by your legal team before using it.
1. MEDIA RIGHTS REQUEST - TERMS AND CONDITIONS FOR PHOTO USAGE
Hello! Thanks for sharing your photos with us. You’re probably here because we requested additional rights in sharing your photo across our channels.
We love seeing how you wear BRAND NAME & we regularly reach out to customers to request additional rights to reproduce our favorite images in our social feed, catalog, email, website + more. Whenever possible, we also include your handle or byline. which can help increase your exposure and following.
Thank you for considering this request! You are agreeing to the following:
As between you and us, you own all content and information you post or share using the Site (referred to as “User Content”), such as posting or sharing comments, photos, and videos.
You give BRAND NAME permission to reproduce and use your User Content as follows: you grant BRAND NAME and its affiliates a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other BRAND NAME marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote BRAND NAME or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above;
- you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Web Site for any reason.
If you believe that a user of the Site has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please click here for information on how to notify us.
Thank you!
2. MEDIA RIGHTS REQUEST - TERMS AND CONDITIONS FOR PHOTO USAGE
Hello! Thanks for sharing your photo with us. As you consider allowing us to publish your image, we want to make sure you know exactly how we intend to use it. We love seeing how you use and wear our products.
We regularly reach out to fans to request additional rights to reproduce our favorite images in our social feed, email, website, digital presentations and more. Whenever possible, we also include your name or caption.
By providing your permission, you represent and warrant that you own the image and there are no other entities with ownership claims over it. You promise that you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You grant BRAND NAME a non-exclusive and non-revocable commercial right to reproduce the image in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your image may be used by BRAND NAME either alone or in conjunction with sketches, cartoons, captions, films, artwork, textual matter or other photographs. While BRAND NAME will make commercially reasonable efforts to give you credit for your photo and provide a link back to your Instagram account, you agree that such credit is not mandatory and your permission for us to use your image is not contingent upon such credit being given.
You waive any right to inspect and/or approve the finished work incorporating the image or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your image or our finished work.
Last, you agree that if any provision or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Permission to Use Image Agreement shall remain in full force and effect. This Permission to Use Image Agreement shall be governed by the laws of The COUNTRY.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the website for any reason.
If you believe that a user of the website has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please contact us.
Thanks again and please email us at BRAND CONTACT if you have any questions.
3. MEDIA RIGHTS REQUEST - TERMS AND CONDITIONS FOR PHOTO USAGE
Hello!
Thanks for sharing your photos with us. You’re probably here because we requested additional rights in sharing your photo across our channels. We love seeing how you use BRAND NAME products. We regularly reach out to customers to request additional rights to reproduce our favorite images in our social feed, catalog, email, website & more. Whenever possible, we also include your handle or byline.
Thank you for considering this request! When you do agree, you are agreeing to the following:
As between you and us, you own all content and information you post or share using the site (referred to as “User Content”), such as posting or sharing comments, photos, and videos. You give BRAND NAME permission to reproduce and use your User Content as follows: you grant BRAND NAME and its affiliates a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the site and for other BRAND NAME marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote BRAND NAME or the site.
Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.
We may exercise our rights under this license anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time. You promise that: · you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; · you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and · your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the website for any reason. If you believe that a user of the website has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please contact us.
Would you like to agree and see your post featured on the BRAND NAME website? Please click the accept button on the right.
Thank you!
Note: We recommend to configure a terms and conditions page where you explicitly mention how you plan on using the photos. Although this is not a necessity when using photos from social media networks to be displayed on your website, it is a necessity when allowing users to upload photos manually from the Photoslurp widget and also when wishing to use these photos in other marketing campaigns (Facebook ads, newsletters, etc..).