Terms of Service

ImageWest's Terms of Service

Henderson Photographics t/as ImageWest. , (“ImageWest”) operates a global marketplace for stock media. ImageWest’s customers pay a fee to license content from the ImageWest websites (collectively, “ImageWest Websites”).

The following Terms of Service (“TOS”) is a legally binding, non-exclusive agreement between you and ImageWest. Please read the TOS carefully and be sure you understand it fully. The TOS describes and controls your legal relationship with ImageWest, the rights you are granting to ImageWest in any photographs, images, videos, audio-visual works or other media together with any associated keywords, metadata and/or titles submitted by you to ImageWest (collectively, “Content”), and the uses ImageWest may make of the Content.

As a contributor, you will earn 33% on all sales of photographs whilst retaining full copyright of your works. Current Image Sale price is set at $79.95. When buyers purchase bundles the photographer will get 33% of the bundle discount price or if images are purchased at a smaller size. ImageWest reserves the right to alter individual image sale prices in line with marketing requirements.

  • There are no costs associated with becoming a contributor. Website profits will be used to promote you, to attract buys and grow the site. 
  •  In addition to making a commission every time your image sells, you maintain rights to sell or gift your images yourself as you wish. 
  • Image size requirements can be seen when signing up to becoming a contributor.

By submitting content to ImageWest, you agree to all the terms in this agreement.

Ownership of Content
The copyrights in all Content remain with the copyright owner, and nothing in the TOS shall be construed as a transfer of copyright to ImageWest, subject to the licenses granted to ImageWest and ImageWest’s sublicensees. However, by submitting Content to ImageWest, you expressly waive any artists’ authorship rights or any moral rights that you would otherwise have under the Copyright Act 1968 (Cth) or similar laws of any jurisdiction, so that customers may use your Content in accordance with the Licenses issued by ImageWest.
You always retain ownership in and to your content.

Releases
You agree to provide valid and accurate talent releases for all Content you contribute to ImageWest that, in ImageWest’s judgment, contains an identifiable face or identifiable human figure or other identifiable attribute including, without limitation, voice, appearance, or likeness. You also agree to provide valid and accurate property releases to ImageWest for all Content that requires such releases, which determination shall be made in ImageWest’s sole discretion. All releases shall be electronically delivered to ImageWest with the Content.
To download model and property releases, please see Legal Releases. You agree that ImageWest may provide copies of releases to customers, as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, regulations, and/or union reporting requirements, or any other reason ImageWest deems reasonable in its sole discretion.

Content
ImageWest has the right to refuse to accept or to remove Content from the ImageWest Websites for any reason.
ImageWest will not knowingly license model-released Content for use in contexts that are pornographic, defamatory or deceptive, or in a manner that could be considered defamatory, obscene, or illegal in nature.
If your content is removed from ImageWest, existing licenses for previously downloaded content will remain in effect. ImageWest may advertise and/or market your Content on social media platforms including Facebook, Instagram, Tumblr, Twitter, and similar sites and the applications related thereto.

Compensation
ImageWest shall pay you a royalty for each unique download of Content for which ImageWest receives payment. The current royalty rates are listed on the Earnings Schedule, which schedule is incorporated herein by reference. If a customer downloads the same item of Content more than once, you will be paid once only. Please note that there may be a reporting delay for customer downloads reflected in your ImageWest contributor account.
We will pay you a royalty for each download of content for which ImageWest receives payment. Royalty payments and accompanying statements will be issued monthly, on or about the 15th day of each month, for the previous month’s downloads. Payments are automatic and do not need to be requested.
The royalty rate is 33% of Image Sale price. Current Image Sale price is set at $79.95 with the exception of bundle discount prices and varying size options. ImageWest reserves the right to alter individual image sale prices in line with market requirements.

GST
All prices quoted and commissions paid will be inclusive of GST. In the event that you are not registered for GST, you will receive an ex GST amount to the equivalent level.

Copyright Infringement Claims
You hereby grant ImageWest the right and authority to take such steps as ImageWest deems commercially reasonable to protect ImageWest’s rights in the Content.
In the event that you believe that a ImageWest license to your Content is being misused, you shall take no action against a ImageWest licensee without providing notice of such misuse to ImageWest and receiving ImageWest’s prior written consent to such action.
While ImageWest takes commercially reasonable steps to ensure that the rights of its Contributors are not violated by customers or other parties, ImageWest has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content.

We respect your rights and may take action to protect your content. If you suspect potential misuse of your content by a ImageWest customer, please contact us with the details before taking any action directly.

Representations and Warranties
You represent and warrant that:
you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder.
you are at least 18 years of age or the parent or guardian of a minor on who’s behalf you are acting.
the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available.
the Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.
ImageWest represents and warrants that:
it has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder; and
upon making or learning of any claim that is inconsistent with any of the warranties or representations made by you, ImageWest may send you written notice of such claim, using the email address provided by you to ImageWest, specifying the details of the claim as then known to ImageWest.
Pending the determination of such claim, ImageWest may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by ImageWest.
You will cooperate fully with ImageWest in the defence of any such claims. You may participate in the defence of any claim through counsel of your selection at your own expense.

Confidentiality
By submitting any Content to ImageWest, you acknowledge that you will acquire certain confidential and proprietary information. You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.
Indemnification
You agree to indemnify and hold ImageWest, its subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable legal fees) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the TOS. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.

If a claim arises due to your breach of your representations in this agreement, you agree to cover ImageWest for its loss. If a claim arises due to ImageWest’s breach of its representations in this agreement, ImageWest agrees to cover you for your loss.
The party seeking indemnification agrees to notify the other party as soon as possible. ImageWest shall indemnify and hold you harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of any breach or claimed breach of any of ImageWest’s representations or warranties or any of ImageWest’s obligations pursuant to the TOS. ImageWest will only be liable for incidental, consequential, or special damages in the case of third party claims.

Dispute Resolutions
Any party may, by written notice, notify the other of a dispute.
Unless a party has complied with this Clause 11 that party may not commence court proceedings relating to any dispute under this Agreement
Any outstanding dispute must initially be put forward to the Contract Manager for resolution.

Miscellaneous
The relationship of the parties is that of independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties.
The TOS contains the entire understanding of the parties with respect to the subject matter covered herein and supersede any prior agreements with respect to such subject matter.

Changes
If these terms change, we will notify you. This agreement will be governed under the laws of Western Australia..
By submitting any content to ImageWest, you agree to be bound by this TOS.
Effective as of Friday 1st January 2021.