www.creatorstock.io (the “Website”) is a platform where users and brands can share different image and video content that can be sold and purchased. CreatorStock Ltd, a limited liability company incorporated under the laws of the United Kingdom having its registered office address at 20-22 Wenlock Road, London N1 7GU (hereinafter referred to as the “Company” own and operate the Website and all other related and affiliated softwares, mobile applications and websites, and all other services that we provide (collectively referred to as the “Service”). By using this Website and the Services provided therein, you are entering into an agreement with the Company and you agree to be bound the terms and conditions specified herein (hereinafter referred to as the“Terms and Conditions”).
MAKE SURE THAT YOU HAVE READ THE TERMS AND CONDITIONS CAREFULLY AND AN IN DETAIL. BY USING THIS WEBSITE AND THE MOBILE APP, OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING ALL OTHER POLICIES OF THE COMPANY. IF YOU DO NOT AGREE TO ANY TERMS SPECIFIED HEREIN, PLEASE DO NOT USE THIS WEBSITE SINCE YOU DO NOT HAVE THE PERMISSION TO USE ANY OF THE SERVICES.
You may only use the Website, mobile app and the Services therein if you are at least sixteen years old. If you have not attained the specified age, then please do not use this Website and / or the Services. By using this Website and the Services therein, you automatically represent and warrant that you have attained the said age. You further represent and warrant that you will comply with all rules, regulations and applicable laws in using the Services. In the event you are using the Website and / or accessing the Services on behalf of any entity (i.e., company, partnership, or any other organisation) you represent and warrant that you have the express authority to bind such entity to the Terms and Conditions.
Although you may avail certain features of the Service without registering on the Website, it is highly recommendable that you create an account with us. This will give you access to other additional features and enhance your experience of using the platform. There are clear instructions given on the Website and Mobile App regarding the registration process. You hereby represent and warrant that all information that you provide to us as part of the registration process is true and accurate. In the event there are any changes to such information, you shall inform us regarding such changes. You shall be required to use a password for the protection of your account. You shall be solely responsible in keeping the passwords confidential at all times. All acts, activities and occurrences happening under your account shall be your sole responsibility. You shall not hold the Company liable for the same under any circumstances. In the event, you think that your account is not safe, make sure that you notify the Company with immediate effect at [email protected]. You may change the password at the login page of CreatorStock using the Forgot Password option.
The Company hereby grants you the permission to access the Service subject to the conditions that the same shall be used for your personal use only and in so far as you comply with the Terms and Conditions. We shall be entitled to revoke such permission upon your breach of the Terms and Conditions.
The Website and Mobile App is a platform where different users and brands can upload photo content and video content. Thus, by using this Service, you can search, view and download different photographs or video content that have been uploaded by the users on this Website (hereinafter referred to as “Photographs” and “Video Content”). You may only use the Photographs and / or Video Content subject to the license herein below:
For all Photographs and Video Content which are free (“Free Content”), the Company hereby grants you an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use such Free Content from the Website free for both personal and commercial purposes (“License for Free Content”). The License for Free Content also includes using the Free Content for any and all commercial purposes, without the need to take permission from or attributing or giving any credits to the user who has uploaded such Free Content. However, for the avoidance of doubt, it is clarified that the License for Free Content does not include the right to collect and compile photos with the intention to create another service with competes with the Company, or to provide similar service that of the Service, or to create any other platform that is similar to the Website.
The License for Free Content has a very wide copyright license. However, this license does not include the right to use the images of natural person if the same is recognisable in the Free Content, all logos, trademarks or brands that appear in the Free Content and any works of art or authorship that are appearing in the Free Content. If you desire to use the Free Content which contains these three things, you may require, under the applicable law, permission of the person who has uploaded such Free Content. It is best to consult a lawyer to avoid any future liability with respect to intellectual property infringements.
For all Photographs and Video Content which are paid (i.e., to be purchased from the creator of the Photograph or Video Content) (“Paid Content”), the Company hereby grants you an irrevocable, nonexclusive, worldwide copyright license to do the following ("License for Paid Content”): (i) use the Paid Content to reproduce unlimited copies of the Paid Content in all media, which includes but is not limited to printed marketing materials, product packaging, software or digital documents; (ii) use the Paid Content for the purposes of email marketing or mobile advertising, or on digital program or broadcast if the viewers of such content is expected to be less than 500,000; (iii) post and upload Paid Content on social media or website with no limitation on its view; (iv) include the Paid Content in so far as the primary value of such product is not the Paid Content itself and given that such content is not reproduced more than 500,000 times; (v) share the Paid Content, in an unmodified manner, with the employees and contractors and all such persons who agree to abide by these license terms; (vi)transfer the License for Paid Content to the employer or client; (vii) create product or merchandise from the Paid Content for resale or distribution of the same given that main value of the product or merchandise is associated with the Paid Content directly.
Under License for Paid Content, you shall not distribute the stand-alone file under any circumstances.
All payments that are supposed to be made through the Website shall be made by Stripe. The Website uses Stripe Payment Infrastructure for effectuating all payments under this Agreement.
All users of the Website, whether they are creators or influencers, can upload Photographs and Video Content, either for free or for sale. Different brands and companies can use the Website and Services to purchase the Photographs and/or Video Content from the creators or influencers. Users of the website can follow each other to see the Photographs or Video Content uploaded by other users. The Website further provides the users the feature to message each other should they wish to collaborate with each other on certain projects. The users shall have the complete discretion to delete the Photographs and / or Video Content that they have uploaded on the Website.
All the content uploaded by users is owned by the users only. This is inclusive of the Photographs and Video Content that you upload on the Website.
The Website and the Service enables you to upload the Photographs and Video Content, as well as web links, written text, images, location information and other various types of content (collectively referred to as the “User Generated Content”). The User Generated Content uploaded by you, and all proprietary rights therein, are completely owned by you and any other person that you have licensed the User Content to. The Company shall not claim any ownership in the User Content.
However, under the Terms and Conditions, you provide us a limited license. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable license to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Generated Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You hereby agree and acknowledge that the Company shall not be under any obligation to pay you for any use of the User Generated Content and the User Generated Content will be made available to other users without any attribution to you.
In addition to the limited license provided to us above, you further provide us with the authority under your copyrights for enforcement of any violations that other parties may commit under the sub-licenses which we may provide to others for the User Generated Content. Thus, in the event that any user misuses the User Generated Content which is downloaded from the Website, we shall have the authority to enforce such violations on your behalf.
You hereby represent and warrant that you are solely and entirely responsible for the User Generated Content that you upload, and any implications that arise, or may arise, as a result of the User Generated Content that has been posted on the Website. In unequivocal terms, you hereby represent and warrant that (i) you are the owner and the creator of the User Generated Content; (ii) you have the permissions from other parties to use, and allow others to use, the User Generated Content; (iii) the User Generated Content is not infringing or misappropriating any third party right, which includes, but is not limited to intellectual property rights and privacy rights; and (iv) the User Generated Content will not in any manner whatsoever slander, defame or libel any part whatsoever.
In the event you want to upload User Content which contain images of other persons, you shall take consent from such person and it shall not be the responsibility of the Company to ensure the same.
You hereby represent and warrant that User Generated Content is your complete original work, and if any third party permissions are required, you have the permissions of such third parties to use and upload the User Generated Content on the Website and Mobile App.
You hereby agree and acknowledge that it is not possible or practicable for the Company to monitor all the User Generated Content which is being posted on the Website and Mobile App. As such, the Company is under no obligation to monitor or control the User Generated Content posted on the Website or Mobile App. We shall not be liable for any damage, loss, claim or injury which may occur as a result of User Generated Content being uploaded on the Website.
Nevertheless, the Company uses its best reasonable efforts to ensure that all User Generated Content uploaded on the Website and Mobile App should be approved by an administrative team of the Company before the same goes live on the Website and Mobile App. The administrative team shall have the right to remove, edit, screen or block any User Generated Content from being on the Website or Mobile App, in the event, it in its sole discretion has a reason to believe that the User Generated Content is violative of the Terms and Conditions or is objectionable in any manner whatsoever. Until and unless the administrative team approves the User Generated Content, the same shall not be visible on the Website or Mobile App.
While using the Website and Mobile App, you will come across various User Generated Content uploaded by other users. Please note that some of the User Generated Content might be inaccurate, offensive or indecent. In such an event, please inform us and we shall investigate as to its inaccuracy, offensiveness and indecency, upon finalisation of which, we may take appropriate action.
We comply with the parts of the applicable copyright acts that are applicable to internet service providers. In the event, you think that materials uploaded to or posted on the Service infringe any of your copyrights, you may contact our team at [email protected].
Any notice that you send under this clause shall include (i) a physical and an electronic signature of the person who alleges such infringement such the person who has been authorised by the person alleging the infringement; (ii) a detailed description of the work or other intellectual property that has been claimed to be infringed; (iii) description of the material that has been claimed to be infringed along with the location on the Website; (iv) telephone number, address and email address; and (v) a statement that the information that you are providing in the notice is completely accurate, and if not, you will be under penalty of perjury.
The Company reserves the right to terminate the accounts of those users who are found to be as consistent infringers. For the purposes of this clause, consistent infringers shall mean those infringers who have been found guilty of infringement more than twice.
While using this Website, Mobile App and / or accessing the Service, you shall not (i) use the same for any illegal purpose or reason; (ii) violate any law, rule or regulation; (iii) violate or infringe upon intellectual property rights of others, and encourage others to do the same (iv) Post, upload or publish any User Generated Content which is illegal, defamatory, objectionable, pornographic, indecent, intimidating, hateful, threatening or inappropriate in any manner whatsoever, or post, upload or publish any User Generated Content which contains copyrighted material of any form or branded products; (v) interfere with the use and enjoyment of other users of this Website, or in any way which could disable or damage the use and security features of the Website and Mobile App; (vi) interfere with operation of the Services; (vii) upload any virus or spyware or interfere with the networks or equipment that is used by the Company to provide the Services; (viii) engage into fraudulent activities, which includes impersonation of other person or providing inaccurate information such as your date of birth; (ix) engage in the sale of copies of the User Generated Content without any significant modification or changes to the same, or otherwise, incorporating new elements into the same to ensure that its appears significantly different from the original version (it shall not be sold in any physical or non-physical form); (x) make any modifications to the Service or attempt to circumvent any feature of the Service; (xi) use the Service or Website using any automatic tools or application, which includes but is not limited to spiders, crawlers, bots, scrapers and other similar tools; (xii) copy the design of the Website, Mobile App or use the User Generated Content in order to create another competitive service or website; and (xiii) attempt other parties to do any of the things stated herein above.
This Website and the Mobile App may also contain different links to third party websites. These third party websites may be governed by their own respective terms and conditions. We do not accept any liability for third party website policies and the way in which they will process your information. Make sure that you are familiar with these policies before submitting any information with them.
You may also find tools on the Website and Mobile App that will enable you to send information to other services. If you permit us to send such information, you hereby agree and acknowledge that we shall not be responsible for the use of other company of such information. There will be links on our Website and Mobile App that are not under our control.
We shall be entitled to terminate your account, your permission to use and access the Website and Service upon breach of any of the Terms and Conditions. Such termination shall be without any liability owed by us to you. Such termination shall also be without any notice to you. In the event you want to terminate the account by yourself, you may email us at: [email protected].
The Company reserves the right to make changes to the outlook and functionality of the Website, Mobile App and the Services and the content therein. Therefore, there may also be a need to change the terms and conditions.
The Company shall have the right to update these terms and conditions without any prior notice to you. The Company does not guarantee 24/7 uninterrupted access to the Website, Mobile App or any content uploaded thereto. Such access shall be provided on a temporary basis. The Company reserves the right to withdraw, suspend, change or discontinue use and access of whole or part of the Website or Mobile App. We disclaim the liability for any damage, of any kind whatsoever, that you may incur as a result of unavailability of the Website. However, we use our reasonable efforts to ensure that such access is provided to you at all times.
We further reserve the right to make changes to the Terms and Conditions without any prior notice to you.
The Company (i.e., CreatorStock Ltd.) owns and operates the Website, Mobile App and the Service therein. All the content and information which is made available through the Website and the Services, such as graphics, texts, button icons, logos, images, audio clips, data compilations, digital downloads and the software is the sole property of the Company. The same is also copyrighted and trademarked under the relevant applicable laws. You agree that all intellectual property rights and proprietary rights vests solely in the Company, and you shall not claim any right, title or interest in such intellectual property for any reason whatsoever. As such, the logo, name, slogans and design of the Company is the trademark of the Company and therefore, you shall not use the same for any reason whatsoever without the prior written consent of the Company. All other trademarks that you come across on the Website are the trademarks of the owners and you shall not infringe upon the same for any reason whatsoever. You shall indemnify the Company for any damage that it incurs as a result of breach of this intellectual property clause.
The Company further does not grant any express or implied right to you under any trademarks, copyrights or any other intellectual property connected with this Website and the Services. Using or copying the same without the Company’s permission, except as stated otherwise or to the extent of using it for the purposes of this Agreement, shall be violation of applicable laws and entitle the Company to applicable damages, without limitation to other remedies under the law and this Agreement.
You shall be entirely and solely responsible for the use of the Website, Mobile App and the Service. You shall defend, indemnify and hold the Company harmless, including its officers, directors, consultants, employees, agents and affiliates from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees and costs) which arise out of are in connection with (i) the use or access of the Website and / or Service; (ii) violation of the Terms and Conditions; (iii) violation of the applicable laws; (iv) violation of intellectual property rights of any party; (v) your dispute with any other party.
THE WEBSITE, THE SERVICES AND ALL THE CONTENT THEREIN ARE PROVIDED ON AN “AS-IS AND WHERE-IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF USAGE, DEALING OR TRADE. HOWEVER, THIS SHALL BE SUBJECT TO THE MAXIMUM EXTENT AS IT SHALL BE PERMITTED UNDER THE APPLICABLE LAWS AND REGULATIONS. THE COMPANY DOES NOT PROVIDE ANY GUARANTEE AND / OR WARRANTEE THAT THE WEBSITE AND / OR THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR SECURE, OR FREE OF ANY HARMFUL COMPONENTS.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE, EITHER OCCURRING IN CONTRACT OR TORT, WHETHER FORESEEABLE OR NOT. PARTICULARLY, IN NO EVENT WHATSOEVER, THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUBCONTRACTORS, LICENSORS, EMPLOYEES, DIRECTORS AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR ANY OTHER KIND OF DAMAGES, CLAIMS, INJURIES OR LOSSES WHICH ARISE DIRECTLY OR INDIRECTLY FROM THE USE OF THE WEBSITE OR THE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGE IS DUE TO THE RESULT OF ERRORS, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN THE WEBSITE AND/OR THE SERVICES.
EXCEPT AS STATED IN SECTION 15 BELOW, THE WEBSITE AND THE SERVICES SHALL BE USED AT YOUR OWN RISK AND YOU SHALL ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO WEBSITE OR TO THE SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND COMMUNICATIONS WITH OTHER USERS ON THIS WEBSITE.
WE DISCLAIM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR DEATH WHICH MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICES. HOWEVER, WHEREVER THE LAW HAS PLACED A LIMIT OR RESTRICTION ON EXCLUSION OF LIABILITY, WE DO NOT LIMIT OR RESTRICT OUR LIABILITY THEREIN.
EXCEPT AS PROVIDED OTHERWISE, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY TO FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE WEBSITE AND / OR SERVICE OR ANY USER CONTENT AVAILABLE THROUGH THE SERVICE, IRRESPECTIVE OF BASED UNDER ANY LAW, OR STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO $1.
Nothing contained herein shall be deemed or constructed by either Party hereto or any third party to create any rights, obligations or interests in any third party, or to create any association, partnership, joint venture, the relationship of a principal and agent, the relationship of an employer and employee, or any fiduciary relationship of any kind between the Parties hereto. It is hereby agreed that all obligations performed under this Agreement by the Company are as your independent contractor.
You hereby undertake that neither you nor any person acting directly or indirectly on your behalf shall at any time, whether in public or in private, make, imply, insinuate, state or express any negative, false, defamatory, derogatory or disparaging remark, comment, opinion or statement in respect of the Company or its services, products (including Services), clients, officers, employees or agents. You shall take no action which is intended, or would reasonably be expected, to harm the Company or its services, products (including Services), clients, officers, employees or agents, or harm the reputation of any of the foregoing or which would reasonably be expected to lead to unwanted or unfavourable publicity for any of the foregoing.
This Agreement shall be governed and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to resolve dispute arising under this Agreement. However, if a dispute occurs between the Parties, they shall take reasonable efforts to resolve the same in an amicable manner. The same shall be done through negotiations between the Parties.
When you use the Website, Mobile App and the Services, you may be communicating with us or our representative electronically. Therefore, you consent to receive communications from us electronically, which shall include but is not limited to texts, emails, agreements, disclosures, push notifications or messages.
Our Company takes privacy very seriously. We want you to be familiar with the terms on which we collect information from you and how we use it. You can familiarise yourself with such terms by reading our privacy policy which can be found here.
These Terms and Conditions shall constitute the entire agreement and understanding amongst the Parties hereto and supersedes all prior correspondence in this regard. A waiver of any provision of these Terms and Conditions or of any breach thereof by either Party hereto shall not be deemed a waiver of any repetition of such breach or a waiver of compliance with a term or condition or in any way affect any other terms or conditions hereof, unless signed by the Party giving such waiver.
The failure of either Party to enforce any of the provisions of these Terms and Conditions shall not be construed to be a waiver of such provisions nor of the right of the given Party thereafter to enforce each and every such provision. This Agreement and all of its provisions are binding on and inure to the benefit of the Company and yourself, but neither this Agreement nor any of the rights, interests, or obligations hereunder may be assigned by either Party without the prior written consent of the other.
In case any provision in these Agreement are rendered invalid, illegal or unenforceable for any reason whatsoever, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Upon termination of the Terms and Conditions, any provision that by its nature should survive (or that specifically states that it shall survive) shall survive the termination.
The Services specified herein and on our Website are provided by the Company which is located at www.creatorstock.io. You can contact us by sending letters or you may even contact us at our email address at [email protected].
