Stockphoto.com Pty. Ltd. - Terms and conditions
THESE TERMS AND CONDITIONS GOVERN STOCKPHOTO.COM PTY. LTD.'S ("STOCKPHOTO.COM") RELATIONSHIP WITH YOU WHEN YOU USE THE STOCKPHOTO.COM WEBSITE ("SITE") AND ANY ALL SERVICES AVAILABLE ON OR THROUGH THE SITE OR OTHERWISE PROVIDED BY STOCKPHOTO.COM (COLLECTIVELY, THE "SERVICES" OR "SERVICES"). BY USING OR ACCESSING THE SITE, WHETHER MANUALLY OR THROUGH AUTOMATED MEANS, YOU AGREE TO THESE TERMS AND CONDITIONS ("TERMS"). THESE TERMS APPLY TO ANY USER OF THE SITE AND/OR SERVICES (COLLECTIVELY, "USERS" OR "YOU").
Site Usage, Site information and Services; Intellectual Property Rights
You are hereby granted a limited royalty-free personal license to view the content on the Site on your personal computer or other internet-compatible device. Unless otherwise provided through any other applicable terms and conditions to which you agree, including the Purchase Agreement for image licenses, no portion of the Site, Services or Site Information may be reprinted, republished, modified, or distributed in any form without StockPhoto.com's express written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site Services or any of the Site Information.
The Site and Services are expressly owned and operated by StockPhoto.com. Unless otherwise noted, the design and content features on the Site and Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by StockPhoto.com or its affiliates, if any, or are licensed by StockPhoto.com from third parties. The Site and Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. Site usage of third-party trademarks does not imply endorsement of the Site by any such third-party mark owners. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site, Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site, Services or in the original Site Information on any authorized copy you make of the Site, Services or the Site Information.
You agree not to sell or modify the Site, Services or the Site Information or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits StockPhoto.com or our licensors, that dilutes the strength of StockPhoto.com's intellectual property or our licensor's intellectual property, or that otherwise infringes on StockPhoto.com's or our licensor's intellectual property rights. You further agree to in no other way misuse the Site or the Site Information. We reserve any rights not expressly granted by these Terms or the Purchase Agreement for image licenses.
Site, Services and Site information Are Provided As Is; Use of Site
The Site Services and the Site Information are provided "as is" with all faults. Your use of the Site, Services, and the Site Information is at your own risk. The Site, Services or Site Information may contain errors or omission, or may be out of date. The Site, Services or Site Information may, without prior notice, change, be deleted or updated at any time.
You understand that StockPhoto.com cannot and does not guarantee or warrant that files, if any, available for downloading from the Site or through the Services will be free of infection or viruses or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, "Hazards").
Eligibility to Use the Site and the Services; Children
The Site and the Services are not intended for or directed to users under the age of 13. To register for any Services offered on Site, you must be 13 years of age or older. If you are under the age of 13, you only may use Site and Services with permission from your parents or guardians. StockPhoto.com does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to StockPhoto.com. If a child under 13 submits information through any part of Site or Services, and StockPhoto.com becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
Accurate Information; Registration and Passwords
In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or StockPhoto.com has reasonable grounds to suspect that such information is inaccurate, StockPhoto.com may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
You may need a username and password to use certain features of the Site and Services. By selecting a user name you agree that you will not (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a name or e-mail address subject to the rights of any person without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that StockPhoto.com, in its sole discretion, deems inappropriate or offensive. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify StockPhoto.com immediately of any unauthorized use of your password or account or any other breach of security. StockPhoto.com assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. StockPhoto.com has the right to cancel and/or reclaim any user names for any reason.
Acceptable and Lawful Use of Site
When you are using the Site and/or the Services, you acknowledge that you are responsible for all of your actions and that you may not engage in any behavior that violates these Terms. You may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Site (collectively "User Generated Content").
Any personal information, computer information, User Generated Content or other information that you provide to StockPhoto.com in connection with the use of the Site shall not:
- be obscene or indecent;
- contain any Hazards;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or
- be defamatory, libelous, unlawfully threatening or unlawfully harassing; and create any liability for StockPhoto.com or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers.
- You shall comply with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding use of the Site.
This Site may include interactive features, including, but not limited to, message boards, friend feeds, web logs, email services, video, blogging, including without limitation, through third-party micro-blogging applications, and areas that allow for uploading or posting of User Generated Content (collectively, the "Interactive Features"). You are responsible for any material or User Generated Content that you post or otherwise provide on the Site or through the Services. We do not control the messages, information or files that you or others may provide through the Site or Services. When using the Interactive Features, you must not:
- engage in any conduct that, in StockPhoto.com's sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Site or Services;
- use the Site or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the Site or Services or their respective features, or disobey any requirements of the networks StockPhoto.com uses to provide the Site or Services;
- gain unauthorized access to the Site, or any account, computer system, or network connected to this Site or Services, by any unauthorized or illegal means;
- obtain or attempt to obtain any materials or information not intentionally made available through the Site or Services;
- use the Site or Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
- engage in advertising or commercial solicitation of any product or service without StockPhoto.com's written consent;
- gather for marketing purposes any email addresses or other personal information that has been posted by other users; or
- post any identification documents or sensitive information about another person.
StockPhoto.com shall have the right, but no obligation, to monitor the content to determine compliance with these Terms, any other operating rules we establish and applicable laws. StockPhoto.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content.
Under no circumstances will StockPhoto.com be liable for any loss or damage of any kind caused by reliance on information obtained from or through User Generated Content or the Interactive Features of the Site or Services. StockPhoto.com is not responsible for any infringing, offensive, defamatory, obscene or any other posting made through the Interactive Features. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in StockPhoto.com's sole discretion is inappropriate, objectionable or in violation of these Terms.
Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email to email@StockPhoto.com. We have the right, but not the obligation, to remove objectionable messages within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
Neither StockPhoto.com nor any third party content provider shall assume or have any liability for any action or inaction by StockPhoto.com or any third party content provider with respect to any conduct, communication or posting on the message boards or other Interactive Features.
StockPhoto.com is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. s. 230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site or through the Services or Interactive Features.
Ownership of User Generated Content
You retain ownership to User Generated Content submitted on the Site or through the Services. However, by submitting your User Generated Content to StockPhoto.com, you hereby grant StockPhoto.com the following worldwide, royalty-free, perpetual, non-exclusive, sub-licensable and transferable rights and licenses:
to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the User Generated Content to appropriate media formats, standards or mediums as part of the services StockPhoto.com provides;
to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the User Generated Content on the Site, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
to use User Generated Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your User Generated Content in any media format or medium and through any media channels.
By submitting User Generated Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your User Generated Content to others: (i) the non-exclusive license to access your User Generated Content through the Site or Services; (ii) if permitted by the Site or Services, the ability for Users to rate, review and comment on your User Generated Content; (iii) if permitted by the Site or Services, the ability for Site Users to send and distribute your User Generated Content; and (iv) the non-exclusive license to Site Users to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform your User Generated Content as permitted through the functionality of the Site and Services and under these Terms. The foregoing licenses granted by you shall terminate once you remove or delete your User Generated Content from the Site or Services. Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or if other people have made copies of it before it was deleted.
Suspension or Termination of Your Use of the Site
Your failure to follow the requirements of these Terms may result in suspension or termination of your access to the Site or Services, without notice, in addition to StockPhoto.com's other remedies. StockPhoto.com further reserves the right to terminate, without notice and in its sole discretion, any user's access to or use of the Site for any reason.
No Endorsement of Links to Other Web Sites
Any links to other websites are provided as merely a convenience to you. This Site and the Services may provide links or references to other websites but StockPhoto.com has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites.
You understand that, except for information, products or services clearly identified as being supplied by StockPhoto.com, we do not operate, control or endorse any information, products or services on the Internet in any way. StockPhoto.com does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked from this Site, you do so entirely at your own risk. StockPhoto.com disclaims any and all warranties, express or implied, associated with your use of third-party applications and/or websites, including but not limited to any warranties as to the accuracy, ownership, validity, operability, or legality of any content provided by such services. By using this Site, you expressly release StockPhoto.com from any and all liability arising from your use of any third-party service.
You agree to indemnify, defend and hold StockPhoto.com and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from (i) your use, misuse or abuse of the Site, Services or the Site Information, or (ii) your breach of any provision of these Terms. You will cooperate as fully as reasonably required in StockPhoto.com's defense of any claim. StockPhoto.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without StockPhoto.com's written consent.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, STOCKPHOTO.COM, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. STOCKPHOTO.COM, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION.
STOCKPHOTO.COM, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU HEREBY AGREE TO RELEASE STOCKPHOTO.COM, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.
The Security of the Site
StockPhoto.com maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, and our systems. For example, for the security of your online visit to the Site, StockPhoto.com may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while StockPhoto.com strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, StockPhoto.com will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
When you visit the Site, use the Services or send emails to StockPhoto.com, you are communicating with us electronically. You consent to receive communications from StockPhoto.com electronically. StockPhoto.com may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that StockPhoto.com provides to you electronically satisfy any legal requirement that such communications be in writing.
Jurisdiction and Governing Law
We make no representations that the Site, Site Information, the Services or products offered through Site are appropriate, available or legal in any particular location. Those who choose to access the Site, Site Information, or the Services and products offered through Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Conflict with Other Agreements
These Terms are in addition to, and do not nullify, any other agreement between you and StockPhoto.com including, for example, the Purchase Agreement for image licenses. In the case of any direct conflict between these Terms and any other agreement between you and StockPhoto.com, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.
Digital Millennium Copyright Act; Copyright Complaints
StockPhoto.com respects the intellectual property rights of others and requires those that visit the Site and use our network to do the same. StockPhoto.com may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or our network that infringes upon the copyright rights of others. StockPhoto.com also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our network repeatedly infringe on others' copyrights, StockPhoto.com may in its sole discretion terminate those individuals' rights to use the Site or our network.
If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify StockPhoto.com's copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the specific location on the Site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner, or the law; and
- A statement by you that the information in the notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
StockPhoto.com's copyright agent for notice of claims of copyright infringement on the Site and our network is:
Stockphoto.com Pty. Ltd.
Suite 37, 44 Kings Park Road
West Perth, Western Australia 6005
StockPhoto.com reserves the right to change the designated copyright agent at any time and without prior notice by listing of a new copyright agent.
Policy Regarding Use of StockPhoto.com Trademarks
The trademarks, logos, and service marks ("Marks") displayed on the Site are trademarks of their respective owners, are the property of their respective owners, and/or are protected by national and international trademark laws and/or common law. Their uses are restricted to programs, products or service that StockPhoto.com sponsors or with which we are otherwise affiliated. StockPhoto.com's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without StockPhoto.com's express written consent except as permitted by applicable laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without StockPhoto.com's express written consent.
Modification of the Terms
In StockPhoto.com's sole discretion, we may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on the Site. The date of the most recent revision will appear at the top of this page. If StockPhoto.com has a working email contact for you and the changes to the Terms are material, StockPhoto.com may notify you of such changes by sending you an email to the address you have provided to us. StockPhoto.com encourages you to review these Terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in StockPhoto.com's sole discretion and as posted to the Site. Continued use of the Site constitutes acceptance of any modified terms and conditions.
StockPhoto.com also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be identified clearly and conspicuously. Your continued use of the Site constitutes your agreement to comply with these additional rules.
Miscellaneous Other Provisions
In the event that one or more portions of these Terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
The headings used throughout these Terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these Terms.
If StockPhoto.com fails to enforce any parts of these Terms, it will not be considered a waiver.
These Terms make up the entire agreement between you and StockPhoto.com regarding the Site and supersede any prior agreements.
These Terms do not confer any third party beneficiary rights.
You will not transfer any of your rights or responsibilities under these Terms to anyone without StockPhoto.com's express written permission.
StockPhoto.com may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent StockPhoto.com from complying with the law.