Introduction

This website (the "website") is provided by VIZN, which is a trading name of Leadlinker Ltd ("we", "us" or "our"). We are a limited company, registered in England. Our registered company number is 07763682, and our registered office is at 145-157 St John Street, London, United Kingdom.


Description of the services we provide

The website and the VIZN Services allow:

  • the upload, storage and sharing of creative and visionary arts (such as photographs and images) by photographers, artists and graphic designers ("Users"); and
  • purchase of, and access to, streamed content by subscribers to our streaming service ("Subscribers").

What these terms apply to

These terms govern your access to and use of:
  • the website; and/or
  • the services that we provide to Users and Subscribers from time to time ("VIZN Services").
If you want to access or use the website or VIZN Services you must agree to these terms and you acknowledge that these terms form a legally-binding contract between us and you. If you do not want to be bound by these terms, then you should not use the website or the VIZN Services.


Changes to these terms

We may change these terms from time to time by updating the copy of the terms that is on the website. If you are a registered User or Subscriber, we shall notify you by email of any change to the terms. These terms were last updated on 04 SEP 2013.

Registration

As a condition to using the website or the VIZN Services, you must register for and open an account with us. In doing so, please make sure that all of the details that you give us are accurate and complete, and are thereafter kept up-to-date.

Once you have registered with us and have a log-on ID (including a username and password or other identifier), please do not give this information to anyone else or allow anyone else to use it.

Unless you have notified us that something has happened to cause a risk of unauthorised use of your ID, then any activities that occur under your ID will be treated as if they were carried out by you.

Please notify us immediately via our website if anyone else has become aware of your ID in circumstances in which there is a risk of misuse or if you have any reason to believe that there is any other risk of any unauthorised use of your account.

We may disable any log-on ID at any time if, in our opinion:

  • you have not complied with any of these terms;
  • any details you provide for the purposes of registering as a user are or may be false; or
  • there is any other risk to the security or integrity of our website or the VIZN Services.

Accounts

We provide a range of account plans for Users and Subscribers.

You can find out more detail about our range of account plans and sign-up here.

Once you complete the account plan sign-up process, the provision of, and your access to, the provision of the relevant VIZN Services will commence immediately and you will not have a right to cancel your account plan, except to the extent expressly set out in these terms.


User accounts

For Users:

  • Use of our basic account plan is free. There is no cost to you in order to create an account and use the VIZN Services offered through the basic account plan.
  • There are a range of premium account plans for which we charge. If you sign up for our Academic account plan, you must register for such an account with a valid email address from a recognised UK academic institution.
You can sign up for a User account plan here.

If you subscribe to one of our premium account plans, we will charge your credit card on a monthly basis for the applicable premium account plan charges. You will be asked to provide your credit card details when you sign-up for a user account plan to use the VIZN Services.

All charges are inclusive of Value Added Tax unless stated otherwise.

If you subscribe for a premium account plan, your subscription will be for a specified period. We shall notify you prior to the end of your subscription period of when it ends and the basis on which you can renew it (although we may if we wish and in our discretion refuse to allow you to renew your subscription). If you do not renew your premium account plan subscription prior to the end of your current subscription period, your subscription will come to an end automatically and your VIZN account will revert to a basic account plan.

You may cancel your subscription at any time by notifying us via the website, but in that case we shall not refund any fee (or part of a fee) that may have been paid by you for the current subscription period.

We may cancel your subscription in the event that you breach any of these terms, and in that case we shall not refund any fee (or part of a fee) paid by you for the current subscription period.

If your subscription is cancelled (whether by you or us) so as to close your account completely, you will no longer have access to your VIZN account or be entitled to receive any royalties from us in return for use of any of your content (although you will still receive any royalties due for use of your content up to the date of cancellation of your account). Following cancellation of your account, We will retain your content for thirty (30) days, after which your content will be permanently deleted. If you re-activate your VIZN account within the thirty (30) day period following subscription cancellation, you may still access and retrieve your content. This is to safeguard against any accidental deletion or account closure.


Subscriber accounts

For Subscribers, there are a range of account plans, for which we charge.

If you subscribe to one of our account plans, we will charge your credit card on a monthly basis for the applicable premium account plan charges. You will be asked to provide your credit card details when you sign-up for a user account plan to use the VIZN Services.

You can sign up for a Subscriber account plan here.

All charges are inclusive of Value Added Tax unless stated otherwise.

If you subscribe for an account plan, your subscription will be for a specified period. We shall notify you prior to the end of your subscription period of when it ends and the basis on which you can renew it (although we may if we wish and in our discretion refuse to allow you to renew your subscription). If you do not renew your subscription prior to the end of your current subscription period, your subscription will come to an end automatically.

You may cancel your subscription at any time by notifying us via the website, but in that case we shall not refund any fee (or part of a fee) that may have been paid by you for the current subscription period.

We may cancel your subscription in the event that you breach any of these terms, and in that case we shall not refund any fee (or part of a fee) paid by you for the current subscription period.

If your subscription is cancelled (whether by you or us), you will no longer have access to your VIZN account.


Channels

When you use the VIZN Services and register for an account with us, your account will be administered through www.VIZN.com. You may then choose to access the VIZN Services through any of the following domains ("Channels"):

  • www.adultphotography.com
  • www.conceptualphotography.com
  • www.livemusicphotography.com
  • www.naturephotography.com
  • www.newsphotography.com
  • www.portraitsphotography.com
  • www.sportsphotography.com
  • www.transportationphotography.com
  • www.urbanlifephotography.com
  • www.productdesign.net
  • www.visualillustration.com
  • www.videomultimedia.com


  • Streamed content can also be accessed via our applications which are available via www.photoviewer.com and www.storycaster.com.


    Age limits

    The VIZN Services are designed for use by Users of 16 years of age or over. There are however, some Channels where you must be 18 years of age or over in order to have a User Account or a Subscriber Account in relation to that Channel. Age restricted Channels will be made clear to you during the upload process to each Channel and your age will be verified through an age verification gateway prior to accessing such channels.


    Your personal information

    Use of your personal information by us (including any information that you give us on registration and any information derived from your use of the website or the VIZN Services) will be in accordance with our privacy policy. Please take the time to read this and make sure that you are happy with it before you upload any information or start to use the website.

    Use of the website We do not guarantee the continuous, uninterrupted or error-free operation of the website or that the website will perform at a certain speed (since this depends on a number of factors outside our control such as failures of internet access) and, in particular, the website may be unavailable from time to time due to scheduled maintenance or upgrades.

    We may suspend the operation of the website or VIZN Services, or cease to provide and/or update content to the website, with or without notice to you, if we have reasonable grounds for doing so, including for security, legal or business reasons.

    We may impose limits on certain features of the website or restrict your access to parts or all of the website without notice or liability.

    You should use the website in a lawful manner and, in particular, you should not use the website (or upload anything to the website or the VIZN Services) in such a way as to:

    • upload, store or transmit any malicious code or other similar harmful software;
    • remove or change any content of the website or attempt to circumvent security or interfere with the proper working of the website or any servers on which it is hosted;
    • use the website in a way that might damage our name or reputation or that of any of our affiliates; or
    • otherwise do anything that is not expressly permitted by these terms.
    • You may not (directly or indirectly):
    • copy any part of the website (except to the extent that this occurs automatically in the normal course of your accessing the website using a browser or of the provision of Streaming Services to you); or
    • modify, translate or otherwise create derivative works from any part of the website.
    We do not guarantee that any particular content will be made available via the website. We do not (and have no obligation to) monitor the use of the website or any content uploaded to it by Users. We will not be liable for any errors or omissions in any content provided by Users (for example, any inaccurate or incomplete user postings).


    Terms applying to Users


    User content

    The website and VIZN Services are intended to allow Users to upload, store and share photographs and other content.

    Any content that you upload to the website must be your own. If you want to upload a photograph or other graphic work to the website, it should be one that you have taken or created yourself. If you are uploading text along with a photograph or other graphic work, please use your own words and not someone else's. All content that is posted or otherwise submitted to the website is your responsibility. By uploading content to the website, you acknowledge that you have taken all necessary steps and obtained all necessary consents from any third party in order to upload that content to the website.

    Only upload content if you are happy for us to use it and entitled to let us do so (because, if you submit content, we may use it in accordance with the licence set out below).

    If you delete content from your account, we will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.


    Fair usage policy

    Basic account plans are limited to a maximum of 20 new photograph/image uploads per week and up to 1GB of data transfer and storage to your own personal Channel per month.

    Additional usage by you over and above these thresholds may result in a restriction being placed upon your account or you being required to upgrade to a premium account.


    Streaming services

    As part of the VIZN Services, we provide a streaming service ("Streaming Services") to Subscribers in respect of content uploaded through the Channels, for a fee.

    Subject to you not having specified that particular content should not be used in the Streaming Services (see further, below) we may (but we do not have to) use any content you make available for the Streaming Services on the terms of the licence below.

    Notwithstanding any other licence in these terms, you grant to us a non-exclusive, transferrable, sub-licensable, fully-paid up, worldwide licence to use, publish, copy, publically perform and display, communicate to the public, reformat, translate, excerpt and distribute copies of your content for use within the Streaming Services.

    You may remove your content from the Streaming Services at any time, using the pre-installed settings within your account. We have the right to remove any content from the Streaming Services at any time if we have grounds to believe that such content breaches these terms or otherwise in our discretion and without giving a reason.

    Where we include your content within the Streaming Services (including where you have subscribed for a basic account plan with us), we will pay you a royalty on the terms set out in our royalty agreement (which forms part of these terms).


    Royalty fee

    The royalties will be calculated as follows:

    • of the total amount (ex VAT) actually paid to us in respect of subscriptions to the content, we will apply an amount in royalties that is equal to 60% of that total amount (so, for example, if in a given royalty period we collect £100 ex VAT in subscriptions for views of images, we will apply total royalties for that period equal to 60% of that amount, that is £60); and
    • each image that is viewed in the photoviewer application, during any given royalty period will attract a royalty calculated as the proportion of the amount of view time of that image during the royalty period bears to the total amount of view time across all images during that period, applying that proportion to the 60% share of revenue described above.
    So, for example, assume that in a given royalty period, the total VIZN Subscription revenue (ex VAT) actually collected during that period is £100, the total amount of image view time in that period is 100 Minutes and that a given image is viewed for 10 Minutes in that period. The royalty payable in relation to that given image for that royalty period will be (10 divided by 100) x (60% of £100) = 0.1 x £60 = £6.

    We will pay any royalty payments due to you directly to your VIZN account monthly in arrears. You may only withdraw your accrued royalty funds once you have established a minimum value of £10 in your VIZN account.

    For the purposes of this paragraph, 'royalty period' will mean one month.


    Intellectual property rights

    All intellectual property rights in the website and in any content of the website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or by our licensors (who may be other Users). Except as expressly set out in the terms, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by using the website or any content in it.

    In relation to any content that you submit so as to be accessible via the website:

    • subject to the terms set out below, any intellectual property rights that you own in such content will be retained by you; and
    • you waive any moral rights you may have in, or to be identified as the author of, such content. In relation to any content (including photos) that you submit to or via the website, you grant us a worldwide, royalty-free and non-exclusive licence to copy, adapt, distribute, reformat, excerpt, translate and publish the content:
    • via the VIZN Services (including, without limitation, the Streaming Services);
    • if you were referred or linked to the VIZN Services from another website, via that other website;
    • in other versions of the website that we operate, either on our own behalf or on behalf of third parties; provided that this licence will continue to apply while you continue to include the relevant content on the website and shall come to an end when you delete that content from the website. You further agree to waive any moral rights you may have in, or to be identified as the author of, such content.
    • You are responsible for ensuring that, in relation to any content submitted by you, you own the intellectual property rights in the content concerned or you otherwise have the right to submit the content and grant the licences set out above in relation to that content.

      You irrevocably agree to indemnify us, and keep us indemnified, from and against any and all actions, claims, proceedings, costs, losses and damages suffered or incurred by us arising out of or in connection with any claim that the receipt, possession or use, in accordance with these terms by us of any content, or the streaming or accessing of any content by Subscribers infringes the intellectual property rights or other rights of any third party.

      If you do not want any content submitted by you to be subject to these licence terms, then you should not submit it.


    Subscriber terms


    Grant of licence

    The VIZN Service and any content accessed or provided through it is our property or the property of our licensors. We grant you a limited, non-exclusive, revocable licence to make personal use of the VIZN Service and to receive the content made available through the VIZN Service, based on the account plan you have chosen for the duration of your subscription.

    For the purposes of this licence, you may not cache, download, print or do anything else with any content received via the VIZN Service, except as otherwise expressly set out in these terms.


    Intellectual property rights

    All intellectual property rights in the website and in any content of the website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or by our licensors (who may be other users). Except as expressly set out in the terms, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by using the website or any content in it.


    User and Subscriber Conduct

    Please behave in an appropriate way. Our Users and Subscribers come in all shapes and sizes, and have a wide variety of opinions and beliefs. Please be nice and polite and avoid uploading or doing anything that might reasonably be expected to give offence to other Users or Subscribers.

    VIZN does not control content submitted by Users on the website and, as such, does not guarantee the accuracy, integrity or quality of such content. By using the website, you may be exposed to content which is offensive or indecent.

    By using the VIZN Service, you agree not to use the VIZN Services for any unlawful purpose or any other purpose which is prohibited by these terms.

    You agree, in relation to use of the website and VIZN Services:

    • not to register for more than one User or Subscriber account in respect of the VIZN Services. Multiple accounts are not permitted;
    • to comply with any reasonable requests from us;
    • to report anything to us via the website, which you think is unlawful or inappropriate and which you notice on the website;
    • to upload only content that is your own. You may not upload content consisting of other people's photographs or other material. Please do not upload anything that you have copied from someone else unless you have their express permission to do so;
    • to upload only content that is lawful. Unlawful content is not permitted to be uploaded to the website. We are sure you know the kind of thing we mean, but that includes anything that is obscene, pornographic, defamatory or otherwise prohibited;
    • not to be rude or unpleasant. Do not abuse, harass or otherwise behave inappropriately to us or any other User or Subscriber;
    • to be constructive, supportive and engaging to other Users you may come into contact with whilst using the VIZN Services;
    • not to impersonate anyone else or register for a User or Subscriber account with us using fraudulent, false, deceptive or misleading details;
    • not to register for an account using automated means in order to artificially promote content viewing; and
    • not to set up any account with us which interferes with the VIZN Services or otherwise tampers with the VIZN Service or our computer system or network.


    Miscellaneous


    Design, functionality and content

    We may change the design, features and/or functionality of the website from time to time. The content of the website may be updated at any time.

    Whilst we try to make sure that content made available on the website consisting of information of which we are the source is correct, the website may make content available which is derived from a number of sources (including Users), for which we are not responsible. In all cases, information made available by the website is not intended to amount to authority or advice on which reliance should be placed.

    We do not pre-screen content uploaded by Users, but we reserve the right, in our sole discretion, to delete, edit or modify any content submitted by you or any other user, at any time and without notice to you. If we delete, edit or otherwise modify any content submitted by you to the website, you may not re-post such content without our prior written consent to do so.

    Complaints about any content should be sent to us via our website and should contain details of the specific content giving rise to the complaint.

    Except as expressly set out in these terms, we do not give or enter into any representation, condition, warranty or other terms as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the website and, to the fullest extent permitted by law, all implied conditions, warranties or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else that arises from the use of the website or of any content included on the website.

    We cannot and do not guarantee that the website and its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the website and its content.


    External links

    The website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.


    Standards

    We do not give or enter into any condition, warranty or other term to the effect that the website:

    • is or will be available all of the time;
    • will provide any particular standard of performance;
    • is or will be free from defects; or
    • will comply with any particular standards.
    Except as expressly set out in these terms, no implied conditions, warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, will apply to the website or to any service provided by us via the website.

    We shall not be liable to you for any loss of profits, goodwill or other intangible losses (even if VIZN has been advised of the possibility of such damages) or for any indirect, special or consequential loss or damage, whether such loss or liability arises due to negligence, breach of contract, misrepresentation or for any other reason.

    If you are not a User or Subscriber to the website for the purposes of your business, then this will not affect any statutory rights that you may have as a consumer.


    General

    You may not transfer or assign any or all of your rights or obligations under these terms.

    All notices given by you to us must be given in writing to the address set out at the end of these terms.

    If we do not enforce any of our rights, that does not mean that the rights concerned have been waived.

    If any part of these terms is found to be unenforceable, all the other parts shall remain unaffected.

    These terms may not be varied except with our express written consent.

    These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.

    These terms shall be governed by English law, and you agree that any dispute between you and us regarding them or the website will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.


    Contacting us

    Please submit any questions you have about these terms or any problems concerning the website:
    • via our website (vizn.com/contact;
    • by email to: hello@vizn.com;
    • write to us at: VIZN, Leadlinker Limited, 145-157 St John Street, London, EC1V 4PW.