Terms
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Stockphotos.top License Agreement(s)
Terms of Service
The current Terms of Service are printed below. To view previous versions of the Terms of Service, click here.
Dear Stockphotos.top Customer:
The following Terms of Service ("TOS") is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you" or "Customer") and Stockphotos.top (as such term is defined below) and sets forth the rights and obligations with respect to any Content licensed by you.
Please revisit this TOS when you purchase any Content licenses. Stockphotos.top reserves the right to modify the TOS at any time in its sole discretion. Prior to such changes becoming effective, Stockphotos.top will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your Stockphotos.top account, an announcement on this page, your login page, and/or by other means. Modifications to this TOS will only apply to prospective purchases (including any automated renewals). By licensing Content following any such modifications, you agree to be bound to the TOS as modified.
THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE CONTENT. NO OTHER PERSONS (INCLUDING EMPLOYEES, CO-WORKERS OR INDEPENDENT CONTRACTORS) MAY ACCESS YOUR ACCOUNT OR USE CONTENT LICENSED THROUGH YOUR ACCOUNT.
IF YOU ARE PURCHASING A SUBSCRIPTION TO A Stockphotos.top SERVICE, SUCH SERVICE IS SUBJECT TO THE SOFTWARE-AS-A-SERVICE TERMS AVAILABLE "HERE"
For clarity, if a user is acting in an employment capacity, the employer will be deemed the licensee for the purposes of the license.
"Content" means all content available for license from the Stockphotos.top website, including Images
"Image(s)" means still photographs, vectors, drawings, graphics, and the like.
"Visual Content" shall refer collectively to Images
PART I – VISUAL CONTENT LICENSES
Stockphotos.top hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
IMAGE LICENSES
A REGULAR IMAGE LICENSE grants you the right to use Images:
As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in below);
Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
As part of an "Out-of-Home" advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such campaign is less than 500,000 gross impressions.
Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $10,000;
For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
RESTRICTIONS ON USE OF VISUAL CONTENT
YOU MAY NOT:
Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
Portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
Modify Visual Content designated "Editorial Use Only" in a manner that changes the context of what is depicted.
Use Visual Content designated "Editorial Use Only" (including, but not limited to, Editorial content) for commercial purposes, including for reference, in any advertising, merchandise or other non-editorial contexts.
Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.
Use Visual Content in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
RESTRICTIONS SPECIFIC TO EDITORIAL
Use any Editorial content in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters, or in related promotional materials.
Use any Editorial content on a publication cover, jacket, or other packaging related to the underlying use.
Use any Editorial content in a publication with a print run in excess of 500,000 copies.
CREDIT AND COPYRIGHT NOTICES
The use of Images and Video in connection with news reporting, commentary, publishing, or any other "editorial" context, shall be accompanied by an adjacent credit to the Stockphotos.top contributor and to Stockphotos.top in substantially the following form:
"Name of Artist/Stockphotos.top"
Editorial credits shall take the following form:
"Name of Artist / Agency / Stockphotos.top"
If and where commercially reasonable, the use of Images or Video in Merchandise or an audio-visual production shall be accompanied by a credit to Stockphotos.top in substantially the following form:
"Image(s) or Video (as applicable), used under license from Stockphotos.top"
Credit attributions are not required in connection with any other use of Video or Images unless another stock content provided is afforded credit in connection with the same use. For clarity, attribution is always required for Editorial content.
In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
PART II - WARRANTIES AND REPRESENTATIONS
Stockphotos.top warrants and represents that:
Stockphotos.top contributors have granted Stockphotos.top all necessary rights in and to the Content to grant the rights set forth in Part I or Part II as applicable.
Video and Images in its original unaltered form and used in full compliance with this TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties' rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
Editorial content in the original unaltered form and used in full compliance with this TOS and applicable law, will not infringe a third party’s copyright, it being understood that the foregoing warranty does not apply to elements depicted in the Editorial content.
While Stockphotos.top makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated "Editorial Use Only", STOCKPHOTOS.TOP MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; OR II) AUDIO IN VIDEO. For the sake of clarity, Stockphotos.top will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Video.
STOCKPHOTOS.TOP MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.
PART IV - INDEMNIFICATION AND LIABILITY
You agree that Stockphotos.top is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Stockphotos.top having a reasonable opportunity to analyze such claim’s validity.
Stockphotos.top shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.
You will indemnify and hold Stockphotos.top, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Visual Content other than the uses expressly permitted by this TOS. You further agree to indemnify Stockphotos.top for all costs and expenses that Stockphotos.top incurs in the event that you breach any of the terms of this or any other agreement with Stockphotos.top.
PART III - ADDITIONAL TERMS
Except when required by law, Stockphotos.top shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize Stockphotos.top to charge you all subscription fees for the duration of the term agreed to at the time of purchase. In the event that Stockphotos.top determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. If you reside in the European Union and you cancel your account within fourteen (14) days of making payment to Stockphotos.top, provided that you have not yet downloaded or licensed any Visual Content, Stockphotos.top, will refund the payment made by you in connection with such cancelled account. To cancel your account, please contact Customer Service. (Email: support@stockphotos.top).
Following the expiration of your subscription plan, such plan will automatically renew on the same terms as your original plan purchase. You can disable automatic renewal at any time prior to renewal using your account settings. You expressly grant Stockphotos.top the right to charge you for each automatic renewal until you timely disable automatic renewal.
The fees charged by Stockphotos.top are exclusive of taxes, and all such taxes, direct or indirect, shall be in addition to any fees related to the products you are buying. If Stockphotos.top is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Stockphotos.top or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.
"Non-transferable" as used herein means that except as specifically provided in this TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You may however, make a one-time transfer of Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein. If you become aware that any social media website uses any Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify Stockphotos.top of each such social media website's use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content please contact Customer Service. (Email: support@stockphotos.top).
Upon notice from Stockphotos.top or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Stockphotos.top may be liable, or if Stockphotos.top removes any Content due to perceived business risk as determined in Stockphotos.top reasonable discretion and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. Stockphotos.top shall provide you with comparable Content (which comparability will be determined by Stockphotos.top in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of this TOS.
If you use any Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Stockphotos.top, upon Stockphotos.top reasonable request.
The number of Content downloads available to you is determined by the product you purchase. For the purposes of this TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your subscription will renew on September 30.
Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase hereunder shall apply only to the first payment made in connection with such purchase.
If any individual term of this TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of this TOS, so that this TOS shall otherwise remain in full force and effect.
You expressly agree that any feedback provided to you by Stockphotos.top or its representatives regarding any questions you may have about this TOS or your use of Content licensed hereunder, is solely for the purpose of interpreting this TOS and is not legal advice. Stockphotos.top cannot render legal advice to you and expressly disclaims any liability of any kind related to any feedback provided by Stockphotos.top or its representatives.
It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
In the event that you breach any of the terms of this or any other agreement with Stockphotos.top, Stockphotos.top shall have the right to terminate your account without further notice, in addition to Stockphotos.top other rights at law and/or equity. Stockphotos.top shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
Except as expressly set forth in the applicable license and warranties sections herein, Stockphotos.top grants no rights and makes no further warranties. Stockphotos.top only has model or property releases where expressly indicated on the Stockphotos.top website.
Stockphotos.top liability under any individual license purchased hereunder shall not exceed the "Limit of Liability" applicable to the license in effect at the time you know or should have known of the claim, and is without regard to the number of times the subject Content is licensed or used by you.
Except as specifically provided in Part III hereof, in no event, will Stockphotos.top total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Stockphotos.top websites and/or Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Stockphotos.top from you for the applicable Content license.
Neither Stockphotos.top nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Content, Stockphotos.top breach of this agreement, or otherwise, unless expressly provided for herein, even if Stockphotos.top has been advised of the possibility of such damages, costs or losses.
Except as expressly set forth in Part III, all Content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Content may contain elements that require additional clearance if the Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
Stockphotos.top does not warrant that the Content, Stockphotos.top 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 Content is solely with you.
In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Stockphotos.top, Stockphotos.top will promptly file a complaint with www.ic3.gov, the internet crime complaint center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.
Stockphotos.top contracting party and choice of law. Subscriptions and purchases initiated before March 15, 2021 are contracted with Stockphotos.top, Inc., including all subsequent installment payments and automatic renewals until cancelled. Subscriptions from March 15, 2021 but before May 17, 2022, are contracted with the Stockphotos.top entity identified in the TOS in effect at the time of your initial purchase, including all subsequent installment payments and automatic renewals until cancelled. For new subscriptions and purchases initiated from May 17, 2022, your country of residence is the same as your billing address, as same is provided by you to Stockphotos.top