Terms & Conditions – Photography for Conservation

Photography for Conservation (“PfC”) is a platform operated by Frankfurt Zoological Society. (Zoologische Gesellschaft Frankfurt von 1858 e.V., Bernhard-Grzimek-Allee 1, 60316 Frankfurt, Germany; “FZS”). Its purpose is to make wildlife and animal photography available to organizations working in conservation. The photography available on the platform is submitted by contributing photographers.

The use of PfC is subject to the following Terms and Conditions:

I. Access to PfC

1. PfC is a platform targeted to
   • registered organizations working for conservation (“Users”) and
   • photographers wishing to support PfC’s cause by making their wildlife and animal photography available to Users (“Contributing Photographers”).
2. PfC grants access to Users and Contributing Photographers through their respective user account.
3. In order to create a user account, Users must apply by providing the name of their organization, a brief description of their conservation activity, a contact person and a valid e-mail address. Contributing Photographers do not have to apply, but need to register with PfC providing their name and a valid e-mail address.
4. Users and Contributing Photographers must select an individual password and keep it safe from third parties in order to protect their user account from unauthorized access.
5. Users and Contributing Photographers are not allowed to make their user account available to third parties or use their user account for any purposes not in accordance with the present Terms and Conditions without prior consent by FZS.
6. FZS reserves the right to approve or deny any application to become a User and close existing user accounts of Users that do not meet the requirements set forth above in cf. I.1.a.
7. FZS further reserves the right to temporarily or permanently ban Users or Contributing Photographers from access to PfC who violate the present Terms and Conditions.

II. Use of Photos

1. The copyright of the photos on PfC belongs to, and stays with, the Contributing Photographers.
2. FZS grants Users the right to use photos available on PfC free of charge for the following non-profit and non-commercial conservation-related purposes exclusively:
   • publication in papers, magazines, and articles published by the User,
   • printing in brochures, on posters or on leaflets distributed by the User,
   • posting on the User’s social media accounts such as Facebook, Twitter, Instagram, etc.,
   • use on the User’s website,
   • use for fundraising campaigns initiated and/or conducted by the User,
   • use in talks and presentations held by the User.
3. Specifically, Users are not granted the right to use photos available on PfC for any for-profit or commercial purposes or out-of-context topics not relating to conservation. Furthermore, Users are not allowed to forward the photos available on PfC to third parties except within the context of the activities set forth above in cf. II.2.
4. When using a photo from this website, Users must credit the photo in all intended publications with the respective Contributing Photographer’s name and “Photography for Conservation”, as shown in this example:
   © Daniel Rosengren / Photography for Conservation
5. Users may crop photos to fit the format needed for a specific purpose. Users may also add captions or text to meet the purposes of the respective use.
6. Any use of photography available on PfC exceeding the conditions outlined above, including, but not limited to, editing photos, the use of photos for commercial purposes, and the use of photos by third parties, is subject to prior consent by FZS. To obtain such consent, interested parties are kindly asked to refer to the PfC administration at photography@fzs.org.
7. FZS’s legal responsibility towards the Users is limited to gross negligence and wilful intent.

III. Contributing Photographers

1. Contributing Photographers who want to make photos available to Users do so by submitting the photos to PfC (upload link).
2. Only material that is owned by the Contributing Photographer, recorded in accordance with applicable legal regulations and free from third party rights may be submitted to PfC. In particular, if identifiable individuals occur on a photo, Contributing Photographers must have obtained the respective individual’s consent regarding recording and publication of the photo if required by local law (https://commons.wikimedia.org/wiki/Commons:Photographs_of_identifiable_people), and, if applicable, documented such consent with a model release form signed by the subject in question. Such a form can be downloaded here.
3. By submitting photos to PfC, Contributing Photographers affirm that the criteria according to above cf. III.2. are met and keep FZS indemnified against all liability resolting from third-party rights regarding the submitted photos.
4. Photos submitted to PfC must contain appropriate key-wording and a description in the EXIF file.
5. Submitted photos will be made available to Users based on a selection at FZS’ discretion. FZS reserves the right to reject submissions that violate legal provisions or third part’s rights. FZS will favour photos of high quality and high relevance to a topic and storytelling photos.
6. Contributing Photographers grant a license to FZS to use the submitted photos for the purposes of PfC outlined in cf. II.
7. FZS has the right to grant sub-licenses for the use of the submitted photos to Users within the terms and conditions set forth above in cf. II.
8. This license agreement can be terminated by Contributing Photographers and by FZS in writing with a four-week-notice.

IV. Governing Law

The use of PfC including license agreements between Contributing Photographers and FZS and sub-license agreements between FZS and Users shall be governed, construed, and enforced in accordance with the Laws of the Federal Republic of Germany.