Here are our Terms of Service for Photographers (“Phloggers”). Please read them carefully before you get started! They govern your use of the Phlog mobile applications (iOS and Android) and all services available to Phloggers.
To gain full access to Phlog services for photographers you must first register for a Phlog Account. When you register, you accept these Terms of Service and our Privacy Policy. This way we become contractual partners with mutual rights and obligations.
Phlog is a community and marketplace for sharing and purchasing photos.
You can upload your photos, comment on and rate other users’ photos, participate in Campaigns, and use other services offered for Phloggers. In addition, you have the opportunity to sell licenses for your photos, thus allowing users of the Phlog Business App to purchase your photos.
Phlog also organizes various events, exhibitions and workshops.
Phlog is not a platform for storing and managing your photos. Therefore, always keep copies of your photos safely backed up outside your Phlog user account.
We have the right to modify or discontinue our services at any time. There is no entitlement to the provision of user accounts, unlimited upload capacities, or the error-free and uninterrupted availability of the Phlog platform and services.
To buy or sell photos through Phlog, you must be at least 16 years old. You can register by entering a valid email address and a secure password or via social networks. Your registration becomes effective once you have completed the registration process and we confirm this or activate your account.
Your user account is only valid for you personally, i.e. you may not create a user 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 user account and must inform us immediately in case of unauthorized access to your account.
Any information that you provide to us in the course of registration must be complete, correct and up to date at all times so we can get in touch with you when necessary. Please choose a secure password and keep this password confidential. We reserve the right to adjust password requirements at any time to meet current security standards. If you become aware that your password is or may have been compromised, you are obliged to inform us immediately either through the app or via email at hello@phloggers.com. Please note that we may have to reset your password to ensure the security of your account.
We also have the right to amend the requirements for registration or for future use of user accounts (e.g. ID authentication) at any time. If you do not meet these subsequent requirements, we are entitled to restrict the usage of your account or terminate our contract in accordance with section 15.
You can only upload photos to Phlog if they are your original photos, which means only you created them and you did not copy, edit or imitate any third-party work. Your photos must not violate our Terms of Service and any applicable local laws and regulations, and you must have the unrestricted right to provide us with such photos to the extent defined below.
When uploading photos, you have the option of adding the location in which your photos was captured and thus making the location visible to others. You can also add suggested tags and of course you can create own tags.
By uploading photos to your user account, you agree that your photos and name may be publicly visible on Phlog and may be liked, commented upon and shared in social networks (e.g. Facebook and Instagram) by Phlog and other users.
You can delete your photos from your user account at any time. For further information and removal of photos please see section 12.
To improve the chances of selling your photos, you should consider the following factors when uploading:
Photos or conduct that violates the rights of third parties or violates applicable laws is not permitted on Phlog. This includes in particular the following photos and conduct:
We cannot comprehensively check photos uploaded on our platform for potential rights violations. If we receive indications of illegal photos or discover violations against third party rights, applicable laws or our Terms of Service, we may, at our sole discretion and without notice, delete such photos from your account.
If you discover photos on Phlog that violates copyright, privacy or other rights of third parties, contains pornographic or violent photos or violates our Terms of Service, you may report such photos at any time via the app. Abusive reports or false statements will be legally prosecuted.
We will review Reports, contact you if we have any questions, and delete any inappropriate photos immediately. We reserve the right to temporarily block Reported photos until the final result of review, and, at our discretion, delete Reported photos. In case of infringements and legal claims we reserve the right to forward your contact information to the claimant to the extent legally permitted.
We occasionally run competitions ("Campaigns"), in which users of the Phlog Business App can request photos from Phloggers. You can participate in these contests if you are registered as a Phlogger.
By participating in a Campaign, you agree that we may share your photos and name with the Campaign Partner. You also grant us the right to use your photos free of charge to promote the Campaign on social media channels, websites or in print.
To upload a photo without restrictions, all third-party rights affected by the photo must be cleared.
When you upload photos on which people are recognizable or identifiable by certain characteristics or attributes (e.g. scars or tattoos), you must obtain and provide documentation of their consent to use such photos ("Model Release"). You must also provide a Model Release for yourself if you are visible in the photos.
You are solely responsible for obtaining such permissions. The above explanations are not exhaustive and do not relieve you of your responsibility and examination of your photos according to the applicable local laws and regulations (e.g. photography restrictions, prohibitions, copyright exceptions, etc.). This applies regardless of whether Phlog conducts its own review or makes recommendations.
With respect to photos uploaded to Phlog, you grant us the non-exclusive right to promote such photos through Phlog. This includes the right to reproduce, distribute, publicly display and promote such photos.
These non-exclusive rights include the right to use such photos worldwide and in perpetuity in any media and context (private, editorial and commercial), including, but not limited to, print and online media, social media, newsletters, book covers, book illustrations, posters, art prints and products of any kind, to distribute, exhibit, make available to the public and reproduce publicly, to edit in compliance with your moral rights, to combine with other works and photos, and to use for the production, sale and promotion of goods and services of all kinds.
If buyers through the Phlog Business App are interested in licensing exclusive rights, you have the option to upload an Exclusive Photo for purchase from one such buyer.
For the purposes of promotion, we may edit your photos (e.g. format it, change the image resolution, create thumbnails, add or replace titles and tags), add watermarks, reproduce it, transmit it to distribution partners, publicly perform and make it publicly available. At the same time, you allow us to use your photos free of charge for the promotion of our platform, services and/or your photos, e.g. on our social media channels, and in internal and external communication.
You will always receive 60% from the total revenue of a sale on Phlog.
The sale of a photo and your share will be displayed in your user account under “Earnings”. Within the first 7 days of each month, you will receive an email from Phlog requesting your bank details, after which the fees listed in the “Unpaid” section under “Earnings” will be transferred to your requested bank by Phlog. This bank transfer will take no longer than 7 days to be processed.
Please ensure that your bank details are correct and that the transfer to you was successful. Phlog assumes no liability for a successful payout. If new attempts are made to payout available funds due to circumstances beyond Phlog's control, any costs incurred will be deducted from the amount of the next payout.
Phloggers with Unpaid Earnings can also opt to receive their fees in person, to be collected from Phlog Headquarters after receiving and replying to the aforementioned email.
Should we be notified of a copyright violation or other violation of third-party rights (with regard to photos uploaded by you) after notification of a sale to you, we are entitled to withhold pending payouts until final clarification of such legal claims to the extent to which we might have claims for damages against you. This applies to all pending payouts, no matter if they refer to the reported photos or other photos uploaded by you.
Phlog is entitled to publish and share your name with third parties in connection with the use of your photos but does not assume any responsibility for compliance with any applicable credit obligations.
Attribution may be excluded, especially in the case of commercial use, in accordance with industry practice and applicable licensing terms. You acknowledge and agree that Phlog and licensees of your photos may use your photos with or without attribution and thus you waive your right to be named as the author of such photos to the extent permitted by law. You further waive any claim of infringement of any other moral rights for those jurisdictions that permit a waiver of moral rights.
Photos that you have uploaded on Phlog can be deleted directly by yourself at any time. Photos that have already been shared on social networks may still be visible after deletion.
You hereby acknowledge that your authorization to market your photos will remain valid until the photos is finally deleted from Phlog and all partner platforms within the time frame indicated above.
We may at any time and without notice delete photos from your account which in our opinion violates the Terms of Service.
You alone - or your parents or legal guardians - are responsible for your conduct as a user and compliance with these Terms of Service and applicable laws.
With each upload of a photo, you guarantee that
You will indemnify us and hold us harmless from and against any claims made against us by third parties for any violation of applicable laws or of your obligations or warranties under these Terms of Service. This includes the costs necessary to defend or defend against such claims, and also applies to claims that may be made after termination of our contract.
Please note that we may be legally obliged to pass on your personal data to third parties to the extent permitted by law in the event of rights infringements. You will find further information in our Privacy Policy.
Photos uploaded to Phlog are third party content. We check such photos for potential legal violations to the extent technically possible and commercially reasonable.
We hereby exclude liability for illegal, incorrect or incomplete photos and in particular for damages resulting from the use of uploaded photos to the extent permitted by law. This also applies to links to our platform (e.g. to user profiles) and from our platform to external websites. We also exclude any liability for illegal copying of your photos by third parties.
Liability for indirect and unforeseeable damages, loss of production and use, lost profits, savings and financial losses due to third party claims is excluded. Any further liability other than in this contract is excluded - regardless of the legal nature of the asserted claim.
You have the right to terminate the contractual relationship at any time. Please contact hello@phloggers.com for the deletion of your user account. In this case we will delete all your photos within 3 weeks, in accordance with section 12
If you violate these Terms of Service, we may delete your user account at any time without prior notification and restrict you from any future registration.
We have the right to update the Terms of Service at any time in accordance with this provision. If we make changes, we will publish the updated Terms of Service on our platform. This information obligation does not apply if you register for Phlog at a time when we have already published new Terms of Service that are immediately applicable to new users.
If you do not agree with the changes, you may terminate the contract with Phlog by email at hello@phloggers.com. We will then delete your user account and remove your photos in accordance to section 12.
If you do not terminate the contract, your continued use of the Phlog services shall be deemed to constitute your acceptance of the new Terms of Service.