These Terms of Service apply to you if you want to purchase photos on Phlog Image Buyers App.
To use the services offered on Phlog Image Buyers App, you must first sign up for an Image Buyers Account. By signing up, you accept these Terms of Service and you agree to the Privacy Policy, which you can view on our app at any time.
As an Image Buyers account user, you may search photos available on Phlog, purchase photos, organize your Studios, and start Campaigns.
Phlog has the right to amend and modify services at any time. There is no entitlement to the provision of an Image Buyers account, a certain download capacity or the error-free and uninterrupted availability of the Phlog platform and services.
To register for an Image Buyers account, you need to be at least 16 years old, enter a valid email address and choose a secure password.
Your Image Buyers account will be active once you have completed the signup process and we confirm this or activate your account. Your account is only valid for you personally, i.e. you may not create an account for a third party, transfer it to a third party or allow a third party to use it. You are responsible for all activities that take place in your account and must inform us immediately in case of any unauthorized access to your account.
All information that you provide during your registration must be complete, accurate and current at all times to be able to provide our services to you and to get in touch with you when necessary.
We reserve the right to adjust the password requirements at any time to comply with current security standards and we may reset passwords, if necessary, for security reasons. We also have the right to amend the requirements for registration or future use of Image Buyers Accounts. If you do not meet any subsequent requirements, we are entitled to restrict the use of your account or terminate our contract according to section 8.
If you want to purchase photos from Phlog, you need to select the desired photo and add it to your shopping cart. To complete the purchase process, you must be logged in to your Image Buyers account or, if you do not already have an account, register with Phlog and additionally provide your payment information.
The fees are due immediately plus the applicable taxes and can be paid by credit card. License rights are only transferred upon full payment.
By clicking on the "Buy Now" or "Order Now" button, you declare your legally binding offer to purchase the photo(s) you have selected and accept these Terms of Service and the Privacy Policy in effect at the time of purchase. These documents can be viewed at any time on our app.
We accept your offer by making the requested photos available for download in your account. With the acceptance we enter into a license agreement. Your purchased photo(s) can then be downloaded directly onto your chosen device.
Phlog may change the available license types and License Terms at any time with effect for the future. Therefore, please check before each new license purchase whether the License Terms have been modified. For clarification, any change in the License Terms does not affect any previously purchased licenses.
Brands registered for a Phlog Image Buyers account can run a Campaign, a time-limited competition that requests photos from Phloggers within certain parameters, for a reward to be determined by the brand. Your account information must be complete and up to date, and must include official documentation e.g. Tax Card, Commercial License.
Before the launch of a Campaign through Phlog, the participating business must ensure that the Campaign reward has been received by Phlog Headquarters. This will be done through a bank transfer in the case of monetary rewards and through a physical delivery in the case of an item e.g. camera. We may terminate the Campaign if the reward is deemed to be defective or otherwise fraudulent, at Phlog’s discretion.
We may contact you e.g. by email concerning information required for the performance of our contract as well as for the fulfilment of any agreements entered into. The storage and processing of your personal data and any communication with you is carried out in accordance with our Privacy Policy, which you can access on our app at any time.
Phlog does not guarantee an error-free and uninterrupted availability of your account and the Phlog platform and services. Liability is therefore excluded to the extent permitted by law.
You have the right to terminate our contract and delete your account at any time. Please contact hello@phloggers.com for deletion of your account. Please make sure that you have downloaded photos you have previously purchased onto your storage media before requesting deletion of your account. Your request for account deletion will be processed with 3 weeks.
If you violate these Terms of Service or your account is otherwise being misused, we may terminate the contract with you and delete your account at any time without prior notification and restrict you from any future registration.
The termination will not affect any photos already purchased and fully paid. Any claims by Phlog regarding outstanding invoice amounts for purchased photos and any further claims also remain unaffected by a termination of the contract.
We have the right to update these Terms of Service at any time in accordance with this provision. If we make changes, we will publish the new terms on our platform. This obligation does not apply if you register for Phlog at a time when we have already published new Terms of Service which are immediately applicable to new users.
If you do not agree with the changes, you may terminate the contract with Phlog by email in accordance with section 8. We will then delete your Image Buyers Account. If you do not terminate the contract, your continued use of your Business Account shall be deemed to be an acceptance of the amended Terms of Service.
With the purchase of a personal use license, the Buyer receives a license to use the Image according to the rights defined in section 2.
Commercial LicenseWith the purchase of a commercial license, the Buyer receives a license to use the Image according to the rights defined in section 2, subject to a fee multiplier.
Subject to full payment of the agreed License Fee, Phlog grants the Buyer the non-exclusive right to use the acquired Image in accordance with the below uses. Please carefully view the usage rights associated with each license.
Personal Use LicenseAll rights granted are non-transferable and non-sublicensable with the exception outlined in section 5 (“Agency Clause”). All uses not expressly defined in the aforementioned uses are reserved to Phlog.
The Buyer may not:
The Buyer shall attribute a photo credit to the photographer if such credit is customary in the industry (e.g. print publications) and in case of editorial uses (“Photographer name/Phlog”). With regard to other commercial uses, the Buyer does not need to include a credit.
If the Buyer is an advertising, creative, design, branding or communication agency (“Agency”), who acquires a commercial license on behalf of its customer (“End Client”), the Agency is entitled to assign the licensed rights to such End Client, subject to the conditions outlined below. The same shall apply in the event a Buyer purchases a license on behalf of its employer.
The Buyer represents and warrants:
The License Fee payable for acquiring a License is indicated in the buying process. Value-added tax or other sales taxes and withholdings will be, if applicable, calculated and listed at checkout based on the Buyer’s country, account type and statutory requirements. The total amount becomes due upon purchase order and is payable via credit card. The Buyer is responsible for payment or deduction of any applicable taxes or withholdings associated with the Image. This is a royalty-free license, which means the Buyer pays a one-time License Fee and no further royalties have to be paid. If the Buyer does not use an image license after the purchase, the Buyer shall not be entitled to claim any replacement or refund.
Phlog warrants that:
Other than these warranties, the Images are provided “as is” without further representation, warranty or condition of any kind, including but not limited to any warranty of merchantability of an Image, fitness for a particular purpose or accuracy of Image information (e.g. captions, location tags, keywords).
Phlog is not liable for any loss or damage suffered by the Buyer, End Client or any third party arising from any alleged or actual technical defect of an Image
In no event Phlog shall be liable for any lost profits, punitive, special, indirect, consequential, incidental or other similar damages. Furthermore, Phlog expressly disclaims any liability for merchantability, fitness for a particular purpose and/or accuracy of image information (e.g. captions, location tags, keywords).
Phlog may revoke a License for an Image which becomes subject to a claim of infringement of third-party rights. Phlog will notify the Buyer and the Buyer (or the End Client if applicable) shall immediately cease using the Image and delete any copies and ensure to instruct the End Client respectively.
In case of a payment default or breach of these License Terms by the Buyer (or the End Client as applicable), the License will terminate automatically, and all rights granted will cease immediately without notice and revert to Phlog. Upon termination, Buyer must immediately stop using the Image, delete the Image from all data carriers and databases, and inform and oblige the End Client accordingly. The Buyer shall confirm execution of these actions to Phlog without undue delay. All statutory rights under applicable laws shall remain unaffected.
In our Privacy Policy, we provide you with an overview of how we process your personal data when you use our services, in accordance with our information requirements.
“Personal data” is: “... any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as being identifiable, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.”
We collect and process your personal data for the purpose of providing you with our services and their advanced features, continuously improving and developing them, ensuring their technical functionality and ensuring the security of our services
You are a Phlogger if you want to share your photos with us or if you also want to offer them for sale.
To set up a Phlog account, we need:
If you register with us via a social network like Facebook, Inc. or Google, Inc., we do not collect your data directly from you, but from a third party – namely the respective social network.
We use this data:
We use this data
You can voluntarily provide additional profile information in your profile to make it more meaningful. For example, you can upload a picture of you as profile picture.
We use this data to make it visible in your profile to other users.
When you have registered as a Phlogger, you can upload photos to Phlog via our app.
When you would like to upload photos to Phlog via the app, you must first give Phlog access to your media library (i.e. Camera Roll or Photo Albums) on your mobile device. With this permission, we will display the folders and photos available in your media library from which you can select photos and upload them to your profile.
We do not process or store your photos or any other data that may be contained in your photos or media library before you select a photo and start to upload it. You can revoke your consent to access your media library at any time in the privacy settings of your mobile device. Without this consent you cannot upload pictures to the app, but you can still use other functions of the app (e.g. discover photos)
When you upload photos, we also process the information contained in the metadata of such photos (so- called exif data) as well as any additional information you provide about the photos (e.g. tags, captions). We only collect and process information about the location of the photograph if you add the location yourself when uploading.
We use this data to provide our services, in particular to optimize the quality and sales opportunities of your photos.
When you contact our support team, we will save your email address and any other information that you provide in the context of your request.
The data will be stored and used exclusively for the processing of your respective request and any subsequent correspondence.
When you send us inquiries via email, we will save:
We use this data to answer your inquiries and to contact you regarding possible cooperations or information of events.
Log data is data that is automatically recorded when you use our app. Specifically, this is the following data:
We use this data solely for troubleshooting and quality-assurance purposes, for statistical and analytical purposes, and for monitoring system security.
We will only disclose your personal information to third parties if the transfer is necessary to fulfill our contractual obligations to you, if we are otherwise legally entitled or obliged to disclose it, or if you have given us consent to do so. In order to provide our services, selected personal information may be shared with certain departments within our company. This includes employees from the accounting, legal, product management, marketing and IT departments. In certain cases, we also use external service providers who are commissioned by us to process data for us in accordance with instructions (see below).
Other users of our services, whether registered or not, or those accessing the photos uploaded to Phlog through a so-called API (Application Programming Interface), may be shown any information displayed on your public Phlog profile.
We will share your information for the purpose of naming and identifying the copyright owner to all those who purchase your photos.
We also share your information with companies whose services we use to provide our services and manage our business affairs e.g. payment services, hosting services, maintenance and support, app analysis, marketing services, CRM services, customer service management services, etc.
Insofar as we are legally obliged to do so or this is permitted under data protection law, we transmit personal data to authorities such as the police or the public prosecutor's office. This data is disclosed on the basis of our legitimate interest in combating misuse, prosecuting criminal offences (e.g. credit card fraud) and securing, asserting and enforcing claims, provided that your rights and interests in the protection of your personal data do not predominate.
We occasionally change and update our Privacy Policy to adapt it to changing requirements. Accordingly, you should periodically visit our Privacy Policy to ensure that you know the current regulations. If you do not agree with the changes, you should not use our services and delete your account if you have one. If you use our services after the effective date of our amended or updated Privacy Policy, the processing of your personal data is automatically subject to our updated Privacy Policy.