VIVOZOOM’S IMAGE WARRANTY

Background

While Microstock is growing in popularity, the lack of an image warranty undermines confidence in the use of such imagery. Vivozoom has changed all that. We provide clients with a warranty that the image can be used for defined purposes.

Is it necessary?

You bet. Many clients are not allowed to license images without a warranty. Some are aware that Microstock generally offers no warranty while many others are not aware of this limitation and use Microstock in the mistaken belief that the image is in some way legally cleared for use.

Don’t other sites have Model and Property Released Imagery?

Sure they do, but they do not stand by the legitimacy of those claims. Slogans such as “This image is Model Released” might fool some clients into thinking they are safe to use the image. It’s a shock to many clients when they read the small print:

“SHUTTERSTOCK DOES NOT WARRANT THAT THE IMAGE(S), SHUTTERSTOCK WEBSITES OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.

YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.”

Source: Shutterstock Inc. EULA, December 2008

“THE CONTENT IS PROVIDED “AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ISTOCKPHOTO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT ISTOCKPHOTO) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.

IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DOWNLOADING CONTENT THAT IS IN A FLASH FORMAT OR FILE (WHETHER .SWF OR OTHERWISE) ISTOCKPHOTO MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE. “

Source: iStockphoto License Agreement, December 2008

Do Clients Really Care About Warranty?

Those who are aware of the issues believe that it is crucial. An advertising agency using an image for one of its clients must feel confident in the Provenance of that image. Early 2008, Vivozoom commissioned external Market Research, soliciting the opinions of Corporations in North America and Europe. Many were avoiding Microstock because of the lack of Warranty while a few were using Microstock in the mistaken belief that the images were warranted. When asked what they thought of warranted Microstock, their reaction was overwhelmingly positive.

What Warranty means to you

Firstly, we will edit images to a higher standard, including a more cautious approach to the requirements for Model and Property Releases. Secondly we will open up a whole new un-tapped Market for your images where Warranty is a crucial component of customer service.