By using this LooZoom’s website or the LooZoom PRO app (hereinafter “LZM”),
the Photographer expressly and irrevocably accepts and
undertakes to comply with all the provisions and conditions set thereafter,
which are indivisible and consist in the Agreement governing the relationships
between LooZoom and the Photographer who authorizes LooZoom to
distribute and license the Photographer’s image, design,
illustration, mock up, calligraphy, font, collage, photomontage, audio, sound
effect, footage, animation or video (hereinafter the
LooZoom reserves its rights to discretionary amend or modify the terms of the Agreement, partially or totally. Such amendments are enforceable and effective to the Photographer starting from the date of publication on LZM. The fact that the Photographer is still using LZM after such amendments consists in the express Photographer’s acknowledge and consent with those modifications.
By accepting this Agreement, the Photographer acknowledges that she/he has read and understood all the other related agreements (including the General Terms & Conditions) on LZM, and accepts all their content.
This Agreement comes into force upon the Photographer’s opening account on LZM and shall remain in force until its termination. Registration of the Photographer on LZM means unconditional Photographer’s acceptance of the present Agreement and/or any other future terms and conditions to be discretionary implemented by LooZoom.
I- REGISTRATION & OPENING ACCOUNT
A- GENERAL PROVISIONS
The Photographer confirms and warrants that she/he has reached the age of majority as per her/his birth country’s laws, and has all the legal capacity to use LZM’s tools. Should the Photographer be a minor, the legal guardian or tutor’s consent is required.
The Photographer shall use for the purpose of the account opening and registration, a username and password chosen by her/him which are confidential. The Photographer shall be solely responsible of the non-disclosure of the personal information and undertakes not to disclose them to any third party, being noted that LOOZOOM cannot be held responsible of any infringement regarding this information.
The Photographer attests that she/he is the owner of her/his login access to LZM and bears the responsibility for each access to LZM. Moreover, the Photographer recognizes that any use of her/his login data implies that she/he is actually visiting LZM. LOOZOOM is not responsible for the hacking or theft of the Photographer’s data access. In the meaning of this article, data means email, account, password, bank’s details etc.
B- PHOTOGRAPHER’S PROFILE
The Photographer shall provide LZM with all the required documents that enable LOOZOOM to verify the accuracy and authenticity of the provided personal information (name, age, address, ID, passport etc.).
The Photographer must also designate her/his beneficial heir in case of death, so that the designated beneficiary benefits from the Remuneration (infra section IV) by the time of the death.
Minor Photographers are not allowed on LZM unless they get an authorized permission from their legal guardian or tutor. In such case, LOOZOOM will ask all the proof documents required and needed.
The Photographer can upload a profile picture and fill out personal information as a bio, visible by all LZM’s users.
LOOZOOM reserves all its rights to delete or remove any profile’s pictures it deems inappropriate or that infringes any proprietary right.
II- FILES UPLOADED
A- GENERAL PROVISIONS
1. The Photographers attests and agrees to be bound by the general provisions of Common and European laws related to the Intellectual Property Rights, regarding any File to be uploaded on LZM.
2. The Photographer acknowledges that any File especially any image representing an individual (celebrity or lambda person) benefits from image’s rights, and cannot use such image unless granted a permission from the individual. The same applies for the landmark, house or object that is protected by the Intellectual Property Rights; the Photographer must get a permission from the owner.
3. The Photographer also acknowledges that some sites, buildings, animals or natural locations cannot be photographed according to the laws in force in such locations. Thus, the Photographer shall strictly obey and comply with the laws in force in the country where the File is taken and shall not use LZM as a platform to publish any File that consists in a breach of any law in force.
4. The File must be in line with the laws and regulations of the country where taken. In case of lack or absence of laws regulating the Intellectual Property Rights in the country where the File was taken, the Photographer undertakes to get the adequate Release Form (infra section C).
B- PHOTOGRAPHER’S UNDERTAKINGS
1. The Photographer warrants, represents and attests that:
a. The Photographer has duly acquired the right to use the File on LZM as per the appropriate Release Form.
b. The Photographer irrevocably and unconditionally grants LooZoom the rights and licenses to publish the File
c. The File does not infringe any third party’s proprietary rights.
d. The File has not been sold on an exclusive basis to any other person, entity or website.
e. The File does not violate any law or regulation of the place where it was taken.
f. The File does not belong to any other author, photographer, individual or entity.
g. The Photographer will not upload any pornography, nudity, offensive or explicit File.
2. Moreover, the Photographer hereby undertakes and warrants to keep LOOZOOM harmless from any prosecution or litigation brought against it in connection of the use of the File and will be solely responsible of such breaches or violations. The Photographer will cooperate with LOOZOOM in good faith to timely and amicably resolve any intellectual property disputes related to the Photographer’s Files.
3. The Photographer warrants and guarantees under prosecutions that the uploaded File does not contain harmful program code, viruses, worms, or any invasive or malicious software.
4. The Photographer hereby acknowledges and agrees without any reserve, that any violation of the terms mentioned above, entitles LOOZOOM to immediately terminate the Agreement and/or suspend and block the Photographer’s account and/or freeze the Remuneration and/or launch prosecutions against the Photographer.
C- RELEASE FORMS
Prior to the upload of any File, the Photographer shall ensure that such File does or does not need a Release Form, depending on the File’s content.
If the File does not need any form as explained below, it will be labeled as “Editorial”, otherwise it is considered as “Commercial”. The Photographer hereby acknowledges that the qualification of a File belongs exclusively in a discretionary manner to LOOZOOM, and hereby waive her/his rights from arguing such categorization.
In all cases, either it is an Editorial or Commercial File, the Photographer has to provide LOOZOOM with the additional information (infra section D).
1. Individual or Person
If the File shows or displays any individual -whether a celebrity or a lambda person or the Photographer her/himself- (hereinafter the “Model”), the Photographer must obtain an express permission from the Model as per the Model Release Form.
Should the Model be a minor (below 18 or 21 years old as per the laws in force in the country where the File is taken), the Photographer must get the Minor Model Release Form duly executed and signed by the minor’s legal tutor or guardian.
If the File displays a crowd in a public space, but focuses on a particular individual(s), the Model and/or Minor Model Release Form is/are required.
2. Properties & Distinctive Works
If the File displays a famous landmark or building (façade or interior), an artistic work (painting, drawing, photography or any work protected by the Intellectual Property Rights), the Photographer must obtain from the owner an express permission to use the File as per the Property Release Form.
If several Files are related to the same Model(s) or Property(ies), the Photographer can use one Form (provided that the File displays the same person(s) or object(s)). The presence of any new individual in the File will be subject to a new Model Release Form for that particular person.
The Photographer has the responsibility to verify and check that the signatory of any Form has actually the capacity and the quality to sign such Form. The Photographer must ask the Form’ signatory for documentary proof (ex. IDs, title deed etc.).
D. ADDITIONAL INFORMATION PROVIDED BY THE PHOTOGRAPHER
The Photographer must tag the uploaded File (in English, French or Arabic). The tag shall include the location, the date, the place and any useful information.
The Photographer is also invited to pin the File on a map or to provide the maximum useful information regarding the place where the File was taken.
The Photographer shall also determine the type of the File especially if it is an image under one of the following categories:
Images: meaning photography based images.
Vectors: meaning creation or computer graphic images uploaded in .eps format.
Illustration: meaning hand or computer drawn images uploaded in .jpeg format.
E. TRANSFER OF OWNERSHIP
Once the File is uploaded on LZM, The Photographer unconditionally and irrevocably transfers the File’s ownership to LOOZOOM. As such, the Photographer authorizes LOOZOOM to license and/or sell the File to any third party, as it deems appropriate.
Transfer of the File to LOOZOOM includes the transfer of moral, economics and pecuniary rights related to the File, even if the law in force in the Photographer’s country of birth or residence stipulate the contrary.
Based on the above, the Photographer grants LOOZOOM an irrevocable and perpetual worldwide right to reproduce, use, (re)publish, modify, (sub)license, alter, transfer and in general use the File as its sole owner “jus, jus abutindi and jus utendi”.
The Photographer attests and agrees that she/he is not entitled to any commissions or additional fee for the general use of the File, expect the agreed Remuneration (infra Section IV).
The Photographer acknowledges and accepts that LOOZOOM is not responsible for the misuse or abuse of the File bought by the users, and as such, irrevocably and definitely discharges LOOZOOM from any claim or liability in this regard.
III- FILE PUBLICATION PROCESS
Uploaded Files are subject to a review process by LZM’s departments. Acceptance or rejection of any File belongs to LOOZOOM absolute discretionary. Should the File be accepted or rejected (with or without reason as the final decision is up to LOOZOOM discretion), the Photographer will be timely notified through her/his account.
Prior to its publication on LZM, the following departments will review the File:
Creative department: that judges the File’s quality and cultural relevance and decides whether the File is eligible on LZM as per its rules and standards. Upon approbation, the File is transferred to the Legal department.
Legal department: that ensures that the File benefits from the adequate Release Form and/or does not contravene LZM’s regulations.
If, the File is properly uploaded (meaning with all the legal requirements) it shall be labelled as “Commercial” and sent to the Filtering department.
If the File does need a Release Form/an authorization, it shall be labeled as “Editorial” and sent to the Filtering department.
If the File does not benefit from the proper Release Form or the Photographer is unable to provide such Form, the Legal department shall contact the Photographer to ascertain the event, place and date of the File prior to its requalification as Editorial content. Should the Photographer not provide the Legal department with enough information (as per the department’s discretionary) the File will be rejected.
Filtering department: that revises all the File’s information as provided by the Photographer, for the optimization of the users’ searches. The filtering department is entitled to change all and any information related to the submitted File such as the title, the description, the location pin, the tags etc.
LOOZOOM is entitled at any time after the publication of the File to delete it and/or modify its content or its qualification.
Despite the efficiency of the reviewing process, LOOZOOM is not liable for any infringement that may be caused by the File, the Photographer remaining the sole and only responsible toward the violated party.
Given the fact that LZM is still operating in BETA version, LOOZOOM cannot commit to a timeline’s review. The Photographer hereby acknowledges that fact, and discharges LOOZOOM from any kind of claim in this regard. While LooZoom is still in BETA, it is unable to commit to a timeline but will ensure that all images are reviewed in a timely manner.
IV- PHOTOGRAPHER’S REMUNERATION
1. The Remuneration of the Photographer varies depending on the Users Subscription’s Plans The Remuneration is set as follows:
§ If the User subscribes to the One Shot Image Plan, the Remuneration is 30%.
§ If the User subscribes to Pack of 12 Images Plan, the Remuneration is 30% per Photographer’s image ( × 30%).
§ If the User subscribes to the Monthly 100 Images Plan, the Remuneration is 30% per Photographer’s image ( × 30%).
§ If the User subscribes to the Monthly 300 Images Plan, the Remuneration is 30% per Photographer’s image ( × 30%).
§ If the User buys a Premium image, the Remuneration is 50%.
2. The Photographers acknowledges and agrees without any reserve that LOOZOOM is entitled to decrease or increase or modify at any time the Subscription’s Plans prices, which shall result in a modification of the Remuneration.
3. The Photographer hereby attests and agrees that the above Remuneration consists in the sole and only remuneration due from LOOZOOM for licensing Files. Thus, LOOZOOM will not be liable for any fees, expenses, commissions, royalties of other payments to the Photographer and/or any third parties, whether incurred before creation of the File or as a result of its publication on LZM.
4. LOOZOOM shall deduct from the Remuneration any withholding tax that might occur on the Photographer’s payment process. The Photographer clearly acknowledges without any reserve that LOOZOOM is obliged to deduct those taxes from her/his Remuneration. LOOZOOM shall provide the Photograph with the documentation as required by law.
5. LOOZOOM shall provide the Photographer with a digital statement that is updated live, mentioning the type of the Photographer’s Files downloaded and the numbers of downloads.
6. The Photographer’s Remuneration piles up in real time is available in the Photographer’s wallet. Once the wallet reaches $100 (one hundred US Dollars), the Photographer is entitled to request a cash out payment. Payments shall be made, at the end of each calendar months, through bank transfers or Western Union or Cash United. The Photographer shall bear all the expenses incurred by any transfer’s method that will be deducted from the earnings.
7. The Remuneration cannot be transferable to any other person than the Photographer, save the case of death, in which case, the wallet’s balance will be transferred to the designated beneficiary person mentioned in the Photographer’s profile.
8. Should a Photographer not ask for the cash out of her/his wallet during (5) five years, and LOOZOOM tried within (30) thirty days from the five-year period maturity to contact her/him without any reply, she/he will be considered as dead (paragraph 6 shall apply).
9. If the missing/dead Photographer did not designate any beneficiary owner, LOOZOOM can freely dispose of the Photographer’s wallet balance and Files. In all cases, the designated economical owner and/or the legal heirs of the Photographer cannot claim any moral or economical rights belonging to the late Photographer, nor claim for any royalty or fees or compensation, as long as the late Photographer transferred its Files’ property to LOOZOOM as per Section II-E above.
10. The Remuneration will be deemed paid upon the issuance of the bank’ swift or the receipt attesting the sending of the moneys as per the Photographer’s instructions. LOOZOOM cannot be held responsible should the personal information provided by the Photographer were not accurate and/or do not match with the actual status.
11. If for a given period of time not exceeding one year, the Photographer’s wallet does not reach $100 (one hundred US Dollars), LOOZOOM can discretionary decide the cash out of the wallet in favor of the Photographer.
12. Given the fact that LOOZOOM is entitled to modify the User’ Subscription Plans, should any discount be performed, the Remuneration will be derived from the discounted price as paid by the User (i.e. the Remuneration’s percentage shall be the same but is calculated on the discounted price).
1. This Agreement is valid until its termination as per the cases mentioned in this article.
Upon the maturity of the termination date, the Photographer’s wallet (the case may be) shall be cash out and all its Files labelled as “Commercial” removed from LZM.
2. Termination by LOOZOOM:
LOOZOOM has the right to terminate the Agreement without previous notice if the Photographer breaches the term of the present Agreement and/or any other regulations of LZM.
If LOOZOOM has sufficient reason to suspect the Photograph of fraudulent activities and more specifically, should the Photographer violate any Intellectual Property rights belonging to third parties, or forges the Release Forms or commits any similar acts, LOOZOOM reserves its rights to terminate the Agreement.
LOOZOOM complies with the OFAC sanctions list and as LOOZOOM is a Lebanese company, it is also forbidden to deal with any individual or entity located in Israel as per the Boycott Law. Therefore, if LOOZOOM discovers that the Photographers conceals any information that make her/him eligible to be on the OFAC list or under the Boycott law, then the Agreement will be deemed terminated on the Photograph’s full responsibility.
In all termination’s cases above, LOOZOOM has the discretionary rights and options to cease any payment of the Photograph’s Remuneration, suspend or delete the Photograph’s account.
VI- LOOZOOM LIMITATION OF LIABILITY
The Photographer hereby agree to indemnify and hold LOOZOOM harmless from and against any loss, expenses, damages, and costs resulting, whether directly or indirectly, from the Photograph’s violation of the Agreement and any other terms and condition of LZM.
The Photograph understands and assumes all responsibility and risk of any kind when using LZM or its services.
LOOZOOM disclaims any representations, warranties or guarantees that (i) access to LZM will be uninterrupted and bugs-free, given the fact that LZM is still operating in BETA version, (ii) LZM is permitted in any jurisdiction worldwide, (iii) LZM is free of any viruses or malwares or (iv) LZM’s Material are compatible with the Photograph’s hardware and software. Therefore, the Photograph unconditionally and irrevocably waives from any right, claim, or compensation resulting in loss of business, information or profit due to any failure of disruption of LZM.
VII- LITIGATION & APPLICABLE LAWS
The Photographer agrees and attests, by accessing LZM and using its Material, that her/his relation with LOOZOOM is governed by the laws of Lebanon.
Any dispute, difference, controversy, or claim of any kind that arises or occurs in relation to anything or matter arising under, out of, or in connection with the interpretation or implementation of the present Agreement shall be exclusively and finally settled by Beirut Courts.