Capturing the South of France in photos

Terms and Conditions

Updated on 1st January 2020

South of France Media (‘us’ or ‘we’) operate a photo library service offering the opportunity to licence and download images, photos, videos, drawings, vectors and illustrations (‘content’). This licence agreement is a legal agreement between you, your company or organisation (‘you’ or ‘the user’) and South of France Media determining how you can use content that you license from South of France Media. For purposes of this agreement, ‘use’ means to copy, reproduce, modify, edit, display, broadcast or publish. Please make sure you read the Licence Restrictions section below for exceptions and conditions. You may not remove any watermarks or copyright notices contained in our content.

By using SOF.photos (‘our website’) and all of our related websites, software, mobile apps and other services (‘our service’) you agree to have read, understood and be bound by the terms of this Agreement.

To use our service you must agree to the following terms:
You must be at least 18 years of age.
You must not use content in any way that is not permitted by the licence you buy.
Information you provide to us must be true, up to date and accurate.
You must inform us or update us if any of your information changes.
You must ensure that only you have access to your account.

Pricing
South of France Media offers Standard Licences and Extended Licences for content downloaded from our website.
The cost is based on the type of licence, the individual content and the file size.
Select an item of content to see it’s price.
No ownership or copyright of any content shall pass to you by the issue of a licence.

Standard Licence
Our Standard Licence grants you Royalty-Free, worldwide, unlimited, perpetual, non-exclusive use of the content.
The licence is non-transferable and content may not be sub-licensed or resold.

Royalty-Free - Once the licence fee is paid, no additional royalties need to be paid for the content to be reused.
Worldwide - No restrictions on the geographical location of use.
Unlimited - No limit on the number of views or viewers of the content.
Perpetual - No expiry date for content use.
Non-exclusive - You do not have exclusive rights to the content.

A Standard Licence Allows
a) A Standard Licence allows you to use the content in all media for marketing materials and packaging.
b) The content can be included in email marketing, internal presentations and digital products such as online advertising, websites, blogs, digital and printed publications such as magazines and books and mobile applications.

Please Note:
Any content without a model or property release that contains a recognisable person or property (including logos, brands and trademarks) may not be used for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content can usually be used in an editorial manner but only in connection with events or topics that are newsworthy or of general public interest.
If the content is used in an editorial manner, attribution is required in this format (© Photographer Name - SOF.photos).

Click here for more model/property release information


A Standard Licence Does Not Allow
a) A Standard Licence does not allow you to create merchandise or products for resale or distribution. This means you may not use the content to create items such as posters, calendars, postcards, screensavers, digital wallpapers, t-shirts, mugs or similar items. Content may not be used for the creation or sale of ‘On Demand’ or ‘Made to Order’ products through custom designed product websites.
b) The content may not be used in outdoor advertising, such as billboards, street furniture and digital advertising screens.
c) The content may not be used in TV or films.
d) You may not resell or sub-license, digitally or in print form, the content you download.
e) The content may not be distributed in a way that would allow any third party to download, extract, access or redistribute the image as a standalone file.
f) You may not share or distribute the content in any way that would let others use the content without licensing it themselves.

There are further licensing restrictions that apply to the use of all content.
If you are unsure, we recommend you seek legal advice.

Please read the Licence Restrictions below

An Extended Licence Allows
a) An Extended Licence allows you to use the content in all media for marketing materials and packaging.
b) The content can be included in email marketing, internal presentations and digital products such as online advertising, websites, blogs, digital and printed publications such as magazines and books, mobile applications, TV and film.
c) You may use the content to create merchandise or products for resale.
d) This also allows the content to be used in outdoor advertising, such as billboards, street furniture and digital advertising screens.

Please Note:
Any content without a model or property release that contains a recognisable person or property (including logos, brands and trademarks) may not be used for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content can usually be used in an editorial manner but only in connection with events or topics that are newsworthy or of general public interest.
If the content is used in an editorial manner, attribution is required in this format (© Photographer Name - SOF Media).

Click here for more model/property release information


An Extended Licence Does Not Allow
a) You may not resell or sub-license, digitally or in print form, the content you download.
b) The content may not be distributed in a way that would allow any third party to download, extract, access or redistribute the image as a standalone file.
c) You may not share or distribute the content in any way that would let others use the content without licensing it themselves.

There are further licensing restrictions that apply to the use of all content.
If you are unsure, we recommend you seek legal advice.

Please read the Licence Restrictions below

Licence Restrictions and Conditions

1) Unlawful Usage
You may not use any content in a way that is defamatory, pornographic or otherwise unlawful, immoral or in violation of any law, statute or regulation. You may not infringe any third party's copyrights or other intellectual property rights.
Any content that depicts models and/or property in connection to a sensitive subject that would reasonably be considered to be unflattering, immoral or controversial must be accompanied by a disclaimer.

2) Commercial or Editorial Use
a) You may not use any content that is not model or property released (if required) for any commercial use, including any promotional, endorsing, advertising or merchandising purpose.
b) You are solely responsible for deciding whether the content you license from us is suitable for Editorial Use, it must be used only in connection with events or topics that are newsworthy or of general public interest and not for commercial use. It may only be cropped or edited if the context and meaning of the content remains and is not deemed to be misleading.
You must satisfy yourself that all releases, consents, licences or permissions as may be required for use of the content have been secured. You are solely responsible for obtaining all such releases, consents, licences or permissions and the Licence is conditional in each case on your obtaining them.
If you are unsure, we recommend you seek legal advice.

3) Templates
Unless you have additional written permission from us, you must not use content in electronic or digital templates intended for distribution or resale, including website, business card and brochure design templates.

4) Licence
The licence is non-transferable and content must not be sub-licensed or resold.
If requested, you must agree to provide us with sample copies of projects that contain our licensed content including free of charge access to any website or platform, where content has been reproduced.

5) Client or Employer
If you purchase a licence for content on behalf of your client or employer, the rights will only belong to the person named on the licence agreement (either you or your client/employer). If the content is used as part of your client or employer’s project you must ensure that they abide by the terms of this agreement.

6) Copyright
You may not falsely claim that you are the author or copyright owner of licensed content or work that mostly contains licensed content.
No interest in the copyright of any content shall pass to you by virtue of this agreement.
You must promptly notify us of any actual or suspected copyright infringement of any content that you have licensed occurs.
The content may not be distributed in a way that would allow any third party to download, extract, access or redistribute the image as a standalone file. You may not share or distribute the content in any way that would let others use the content without licensing it themselves.

7) Subcontractors
You may allow subcontractors, such as a print company or distributor to use content as part of your final project or distribution process. You must ensure that these subcontractors agree to be bound by the terms of this agreement. Subcontractors must not use the content for any other purpose.

8) User Account
You agree to accept all responsibility for activity that occurs in your user account, including the security of your password and username.
We reserve the right to monitor user activity to ensure compliance and may suspend or terminate your account access if we deem that our terms have been broken. If requested, you must stop using this content and delete or destroy all copies that have been used in breach of our terms.

9) Social Media
a) South of France Media or it’s content suppliers own all of the licensed content.
b) The licence is non-transferable and content must not be sub-licensed or resold.
c) The content may not be distributed in a way that would allow any third party to download, extract, access or redistribute the image as a standalone file.
d) You may not share or distribute the content in any way that would let others use the content without licensing it themselves.
e) The licensed content must not be used on any social media platform or other third party website that uses or intends to use the content for it’s own purpose or in any way that breaches our terms.
f) You must promptly notify us of any actual or suspected copyright infringement occurs of any content that you have licensed.

10) Withdrawal of Content
South of France Media may, if necessary, withdraw content. Upon withdrawal and on our instruction, you or your client or employer, must stop using the content. All digital copies must be deleted and any physical copies in it’s possession or control must be destroyed. In such a case we will supply you, if possible, with similar replacement content, free of charge.

11) Permissions
a) You must satisfy yourself that all necessary rights, releases and consents which may be required for your proposed use of the content are obtained and that the use of any content is not obscene, indecent, libellous or unlawful.
b) You must acknowledge that South of France Media gives no warranty or undertaking that any such rights, releases or consents are, or will be, obtained in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any content. You are solely responsible for obtaining all such releases, consents, licences or permissions. You must not rely on any representation in this connection which may be made on our website and may only rely on an express representation given specifically to you by us in writing.
In the event that you use the content without obtaining the necessary releases or consents then you shall indemnify South of France Media against any loss, damage, proceedings or costs.
c) You must not incorporate our content as any part of a trademark, business name, service mark or logo.

12) Electronic storage
You must retain the content’s ‘Photo ID’ and all other information or metadata that is embedded in the electronic file. You must ensure that the content is protected from unauthorised use by third parties.

13) Website
a) The South of France Media service and content is provided on an ‘as-is’ and ‘as available’ basis. We specifically disclaim all warranties of any kind, including the implied warranties of merchantability, satisfactory quality or fitness for a particular use. We do not guarantee or warrant that the service will be uninterrupted, secure, free of errors or harmful components.
Due to the nature of server provision, possible downtime and routine maintenance, we advise you to keep a copy of the details of your purchased content.
b) South of France Media do not warrant the accuracy and correctness of the captions, titles, keywords, locations, metadata or any other information associated with the content. You must satisfy yourself that all such information is correct.
c) South of France Media offer a search facility within the Site. We disclaim any responsibility for the completeness or accuracy of any directory or search result.

14) Use of Our Service
You may not use the service or any of the content for any purpose not related to your business with South of France Media.
You are specifically prohibited from:
(a) Downloading, modifying, editing, copying or re-transmitting any or all of the site.
(b) Using any data mining, robots or similar data gathering or extraction methods.
(c) Manipulating or otherwise displaying the site or the content by using framing or similar navigational technology.
(d) Registering or attempting to register for our service if you are not authorised to do so.
(e) Reverse engineering, altering or modifying any part of the site or our content. You must not use content for any form of ‘Machine Learning’ such as ‘Artificial Intelligence’ or any form of ‘Biometric Technology’.
(f) Circumventing, disabling or otherwise interfering with security-related features of the site or any system resources, services or networks connected to or accessible through the site.
(g) Selling, licensing, leasing or in any way commercialising the site or our content without specific written authorisation from us.
(h) Using the site or our content other than for it’s intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.

15) Indemnity
You agree to defend and indemnify South of France Media, it’s directors, employees and content contributors harmless against any claims, damages, losses, expenses or costs, including legal costs, arising from you or someone acting on your behalf, using content in breach of our terms or failing to obtain any required releases or consents for your use of our content or using the content in a manner which infringes the rights of a third party.

16) Limitation of Liability
SOUTH OF FRANCE MEDIA, IT’S OWNERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL DAMAGES, COSTS OR LOST PROFITS OR DATA, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE ARISING OUT OF THIS AGREEMENT OR BY ANY OTHER DAMAGES, COSTS OR LOSSES SUFFERED DUE TO THE USE OF OUR WEBSITE, CONTENT OR SERVICE.

17) Bespoke and Customised Goods
The art prints, framed prints and photo goods are defined as bespoke and customised goods. The print, frames and goods are made to order according to your chosen options for size, paper type, content, frame type and colour. Under the Consumer Contracts Regulations these goods do not attract the cancellation rights that typically apply to a distance contract.

18) Digital downloads
Digital licensed Images are defined as digital downloads and you acknowledge that you will not have the right to cancel your order for digital licensed content or request a refund once you click the download button.

19) Customs
When ordering goods from South of France Media for delivery overseas you may be subject to import duties and taxes that are levied once the goods reach the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs office for further information. Please also note that when ordering from us you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.Your privacy is important to us and we know that you care about how information about your order is used and shared. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Delivery times can be affected due to packages being inspected by customs.
We will only disclose your information to our service providers and agents to fulfil your specific orders for goods or to contact you in case of difficulty in processing an order. We will only do this where it is necessary for the conclusion or performance of a contract between you and us.


20) Privacy & Data Protection
South of France Media are committed to safeguarding your privacy and personal data.
Read our full Privacy Policy for more information.

21) Legal Information
a)These terms and conditions and any licence granted shall be governed by and construed in accordance with English law. All transactions to which these Terms and Conditions apply and all matters connected therewith will also be governed by English Law. You irrevocably agree that the courts of England are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions and any licence granted under them. If, as a result of any breach of our terms, we are required to enforce our rights, you agree to indemnify us in respect of all reasonable legal fees and costs incurred by us.
b) You agree to be fully responsible for all taxes imposed on you as a result of you purchasing a licence or your use of the licensed content.

22) General
a) The terms of this agreement may be modified or updated at our discretion. We will indicate at the top of this page the date that the terms became effective. Your use of our service constitutes your acceptance of our terms and conditions. In the event of any inconsistency between the terms of this agreement and the terms contained in any communication between us, the terms of this agreement will apply.
b) If any clause of this agreement is found to be invalid or unenforceable, that will not affect the validity of any other clause.

Laws on this subject vary around the world so it is your responsibility to determine what releases and permissions are needed.

© 2019 South of France Media. All rights reserved.