Apogeo Photos Licensing Terms and Conditions
These Licensing Terms and Conditions apply to all images provided by Apogeo Photos, whether digital download or physical print or in any other form. Your use of any image from this site or obtained from Apogeo Photos in any way indicates your agreement with these terms and conditions.
We provide two types of licensing: Editorial Use and Commerical. Our standard Editorial Use license permits you to use the purchased media in both print and online publications, relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor).
Our Commerical licensing is both customer and use specific. Contact the Picture Desk to discuss the details of your proposed use.
You shall indemnify Apogeo Photos, its agents and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the content and related rights.
Apogeo Photos will not and does not agree to undertake editorial assignment work where the client wishes to hold the copyright subsequently. All copyright is retained by the photographer who created the work.
All images requested and purchased through Apogeo Photos are offered under Rights Managed Licensing. The copyright of the image is always retained by the photographer and Apogeo Photos.
When an image is licensed by Apogeo Photos, the usage is specified on the website order and/or on the subsequent invoice and cannot be used for any other purpose without further agreement by Apogeo Photos. The license will state the media use, language rights and the territories for the usage.
A fee is generally payable to license any Rights Managed image. The fee is based on how the image is going to be used. This will be calculated by such factors as the print run, media, the reproduction size, territory distribution, and whether the requested use is exclusive or non-exclusive. Apogeo Photos calculates its fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license.
Cropping and Image Manipulation
A photograph is an artistic creation. From the moment the image is captured by the photographer’s camera, until the image is fully developed and made available, every decision is a creative act by the photographer. Accordingly, any Apogeo Photos image must not be altered, cropped, or manipulated in any form without permission from Apogeo Photos. The rights to alter any photograph rests solely with the photographer and Apogeo Photos will seek his or her opinion on any alteration request.
All images must be reproduced with or in the spirit of the accompanying caption. If there is any doubt by the licensee, verification should be sought before publication.
The photographer must be credited with any image obtained from Apogeo Photos. The credit line should read “© photographer’s name/Apogeo Photos.” The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section.
Apogeo Photos requests at least two copies of any publication featuring an image reproduction upon publication.
Model and Property Releases
Most of the work available through Apogeo Photos is of a documentary nature. This style of photography does not lend itself to the obtaining of model releases or other releases. Unless specified by Apogeo Photos in writing, no model releases or other releases are available for any images. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, art animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Apogeo Photos harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which:
(a) no release was furnished by Apogeo Photos in writing.
(b) the use of any Image exceeds the scope of the release provided by Apogeo Photos.
The licensee will also indemnify and hold Apogeo Photos harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. Apogeo Photos’ liability for all claims shall not exceed in any event the total amount invoiced per particular image. Apogeo Photos makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
Prohibited Uses of Apogeo Photos Images
- install and use an image in more than one location or post a copy of the image on a network server or web server for use by other users;
- sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the image or the rights granted under these terms;
- use any image as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
- use of an image identified as “Editorial Use” for any commercial, promotional, endorsement, advertising or merchandising use.
- remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the image.
- use the image in a fashion that is considered by us or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the image into disrepute;
- use the image in a way that places any person depicted in the image in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography; b) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; and c) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an image containing the likeness of a person if such use implies that the subject engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
- use the image in a manner that competes with our business including, but not limited to, displaying an image in any format (including thumbnails) for download or Export on a website or offering Stock Media for sale;
- use the image for editorial purposes without including the following credit adjacent to the image credits: ”© photographer’s name/Apogeo Photos”;
- incorporate the image in any product that results in a re-distribution or re-use of the image or is otherwise made available in a manner such that a person can extract or access or reproduce the image as an electronic file;
- maniuplate any metadata included in the image;
- use or display the image in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; or
- use or display an image in such a manner that gives the impression that the image was created by you or a person other than the copyright holder of the image.
Please note that by purchasing a license to use the media on this site from us, you acknowledge that no transfer of copyright exists, and you are purchasing a license to use the media as per the terms set out in this agreement.
For any uses not listed here, or for questions regarding our licensing, please contact us.