Thanks for using Wirestock!
When you submit your Content to Wirestock, you give Wirestock permission to upload and/or license your Content to (1) one or more companies that operate an online marketplace for stock media, such as Shutterstock, Adobe Stock, Alamy, Dreamstime, Depositphotos, and Pond5 (each, a "content marketplace"), and (2) Ultimate Consumers (defined below in subsection (e) of "Your Content & Your Permissions") (e.g., individuals or other entities that will use your Content) directly. Wirestock provides a list of content marketplaces in the FAQ section of its Website, which can be found here ("Marketplace List"). We are always looking to expand the number of content marketplaces we work with. As a result, whenever we partner with a new content marketplace we will, at a time convenient for Wirestock, update the Marketplace List with the name of the new content marketplace. We will not send you a notification, by e-mail or otherwise, when a new marketplace is added to the Marketplace List. Therefore, before submitting Content to Wirestock please check the Marketplace List. By submitting Content to Wirestock you agree and understand that Wirestock may submit your Content to one or more, or all, of the content marketplaces found on the Marketplace List, as well as offer your Content to Ultimate Consumers directly for use. You also agree and understand that Wirestock may submit your previously submitted Content to any new content marketplaces that are added to the Marketplace List.
You also agree as follows:
The copyrights in all Content remain with the copyright owner, as applicable, and nothing in these Terms will be construed as a transfer of copyright to Wirestock, subject to the licenses granted to Wirestock, the content marketplaces, Ultimate Consumers, and any of their respective sublicensees. However, by submitting Content to Wirestock, you expressly and irrevocably waive any and all “moral rights” and “droit moral” that you may have under the United States Copyright Act or similar laws of any other jurisdiction to the fullest extent permitted by law, so that customers may use your Content in accordance with the Licenses issued by Wirestock or content marketplaces; in the event such waiver is not permitted, you covenant not to enforce any moral rights in Content against Wirestock, the content marketplaces or any of their respective customers or sublicensees, or Ultimate Consumers.
You always retain your preexisting ownership in and to your Content.
You're free to stop using our Services at any time, but you must provide us notice so that we can remove your Content and inform the content marketplaces to remove your Content. Send notice to email@example.com and include in the subject line "Termination".
We reserve the right to block, restrict, moderate, disable, suspend, or terminate your access to the Services at any time in Wirestock's sole discretion, without prior notice or liability to you. Events that may cause suspension or termination include, but are not limited to, if (a) you're in breach of these Terms; (b) your use of the Services would cause a risk of harm or loss to us or other users; or (c) you have not accessed our Services for 12 consecutive months.
If you ask us to terminate your account, we will terminate your account no later than 120 days following our receipt of a written request from you. Wirestock needs this time to ensure that your Content is removed from all content marketplaces. To be clear, before the termination of your account is made effective by Wirestock, your Content may remain available for license to the content marketplaces' customers or other Ultimate Consumers. Any licenses to your Content granted to any Ultimate Users will remain in full force and effect, as Wirestock has no feasible way to retrieve such content from Ultimate Users.
By terminating your account with Wirestock, you understand that Wirestock will work with the content marketplaces to remove your Content from their respective platforms. You may thereafter be able to initiate a relationship directly with those content marketplaces.
Upon termination of your account, either by you or Wirestock, Wirestock shall have 90 days to remove all your Content hosted by content marketplaces so long as you have uploaded to Wirestock no more than 100 items of Content. For each additional 100 items of Content, Wirestock shall have an additional 30 days to remove all your Content. For example, if you have uploaded 350 items of Content to Wirestock, then Wirestock shall have 150 days to remove all your Content.
Notwithstanding the foregoing, certain content marketplaces—upon Wirestock making a request to remove content—take up to six months or more to remove Content from their platform. In those instances where removal of your Content may take six months or more, you agree that Wirestock shall have up to one year to remove your Content.
Once your account is terminated, Wirestock will permanently delete your Content from its storage devices, servers, or cloud-based storage, if any; with the exception of Content contained in regularly-scheduled archival backups, which will be deleted when such backup is deleted.
During the course of our relationship, we may retain copies of your Content. However, Wirestock is not a content or data storage company, and is not responsible for storing a copy of your Content. You agree that you will not hold us liable if for any reason your Content is deleted by Wirestock. You also agree that only you are responsible for ensuring your Content is backed up in a separate location and/or stored in a secure manner.
When you sign up for our Services you give Wirestock certain rights, including, but not limited to, the right to distribute, upload, print, provide to, and license your Content to various content marketplaces and Ultimate Consumers, and give the content marketplaces the right to license your Content to their customers. When a person downloads your Content from Wirestock or a content marketplace, the person downloading your Content (the "marketplace consumer") pays an amount that is determined by Wirestock or the particular content marketplace. However, for each download of your Content for which Wirestock receives payment from a content marketplace (the "Royalty"), you agree that Wirestock will pay you 85% of the Royalty, but will keep 15% of the Royalty.
Royalty payments to you will be issued monthly for the previous month’s downloads. Payments are automatic and do not need to be requested as long as you have provided Wirestock with valid and current payment information. Currently, Wirestock only supports payments through Paypal, Payoneer, and Skrill. We may, however, later include additional payment processors.
There is a minimum payout rate per accounting period of either (i) thirty U.S. Dollars (USD 30.00); or (ii) a minimum payout amount selected by you, so long as the amount is not less than thirty U.S. Dollars (USD 30.00) (the "Payout Minimums"). If during an accounting period, you have not reached the Payout Minimums, your compensation will be rolled over into the next accounting period. If you cancel your account prior to accrued earnings in your royalty account reaching the applicable Payout Minimum, you thereby forfeit such royalties.
If your account is terminated for breach of the Terms, in addition to any other rights at law or in equity Wirestock may have, Wirestock shall have the right to retain any Royalties payable to you hereunder as liquidated damages.
If for whatever reason, a content marketplace issues a refund to an marketplace consumer related to your Content, and as a result, the content marketplace deducts or penalizes (in any form) Wirestock, Wirestock may recoup Royalties previously paid to you by deducting from applicable Royalties credited to your account.
If Wirestock makes an overpayment of Royalties or other compensation to you for any reason, Wirestock has the right to deduct the amount of such overpayment from your accrued Royalties or to demand the immediate repayment of such overpaid Royalties or other compensation.
If you receive your payments through an online payment processing service (e.g., PayPal, etc.), you may not share your online payment processing service account with another Wirestock contributor. Moreover, you agree that Wirestock's obligation to make payment to you hereunder shall be fulfilled by Wirestock making payment to the payment processing service designated by you.
If a person or entity purchases a license to your Portfolio Content through your Portfolio, then Wirestock will pay you a royalty equal to 70% of the total payment amount Wirestock receives, but Wirestock will keep 30% of the royalty.
If a person or entity purchases a Print of your Content, then Wirestock will pay you an amount equal to 70% of the total amount Wirestock receives from the purchaser, but Wirestock will keep 30% of the total amount. The total payment amount is exclusive of any amounts Wirestock receives for shipping, processing, or taxes related to the sale. For example, if the listed amount for the Print is five dollars ($5.00 USD), you will receive three dollars and fifty cents ($3.50 USD), and Wirestock will keep one dollar and fifty cents ($1.50 USD).
If you choose to include your item of Content for the Extra Channels Program, defined below, then your compensation is governed by the Extra Channels Program compensation terms.
Certain content marketplaces pay an advanced fixed rate per image rather than paying per download ("Advanced Rate"). Wirestock refers to this as "Instant Pay" or the "Instant Pay Program." Wirestock negotiates the Advanced Rate with each content marketplace that participates in the Instant Pay Program. When you submit an item of Content to Wirestock, you will be given the option of selecting that the item of Content be included for the Instant Pay Program. By selecting to include the item of Content for Instant Pay, you agree that the item of Content will be included in the Instant Pay Program ("Instant Pay Participating Content"). You may elect to not include the item of Content for the Instant Pay Program. If you select to include the item of Content for the Instant Pay Program, none of your rights change – you still own your Instant Pay Participating Content and it is still distributed through the content marketplaces. However, for each of your Instant Pay Participating Content for which Wirestock receives payment from content marketplaces that pay an Advanced Rate (the "Advanced Rate Payout"), you agree that Wirestock will pay you 85% of the Advanced Rate Payout, but will keep 15% of the Advanced Rate Payout.
When you submit an item of Content to Wirestock, you will be given the option of selecting that the item of Content be included for "Extra Channels." Extra Channels allows Wirestock to decide how and with whom to monetize your Content (the "Extra Channels Program"), including, but not limited to, through licensing with stock agencies, print-on demand marketplaces, and API integration. By selecting to include the item of Content for Extra Channels, you agree that the item of Content will be included in the Extra Channels Program ("Extra Channels Participating Content"). You may elect to not include the item of Content for Extra Channels.
If you choose to include your item of Content for the Extra Channels Program, then your Extra Channels Participating Content will also be included for "Direct-to-Business Licensing," which means Wirestock will offer your Extra Channels Participating Content for licensing to brands, creative agencies, and studios, among others ("Interested Business Licensees"). Wirestock may grant Interested Business Licensees a license to your item of Content for the price and in the form, extent, and scope that Wirestock, in its sole discretion, chooses. You agree that if Wirestock licenses your Extra Channels Participating Content, whether through Direct-to-Business Licensing or otherwise, then Wirestock will pay you a royalty that is no less than 15%, but no more than 50%, of the total payment amount Wirestock receives. You further agree that Wirestock may retain the remainder of the total payment amount it receives for licensing your Extra Channels Participating Content, but in no case will Wirestock retain more than 50% of the total payment amount it receives.
When you submit an item of Content to Wirestock, you will be given the option of selecting that the item of Content be provided to a specific content marketplace, which you can select. The foregoing is known as the "Exclusive Agencies." By selecting to include the item of Content for Exclusive Agencies, you agree and understand that the item of Content will be provided only to the content marketplace you selected ("Exclusive Agency Participating Content") and no other content marketplaces will receive rights to that item of Content. You also agree and understand that neither you nor Wirestock will submit the Exclusive Agency Participating Content to any other content marketplaces, whether or not the content marketplace is included in Wirestock’s Marketplace List.
Exclusive Agencies Participating Content will be compensated in accordance with the Compensation section of these Terms. Exclusive Agencies Participating Content cannot participate in the Instant Pay or Extra Channels Program.
When you submit an item of Content to Wirestock, you agree that the item of Content will participate in our Dataset Deals Program, unless you opt out in accordance with this provision. As part of the Dataset Deals Program, Wirestock will license sets of images belonging to you, along with other Wirestock users, to third parties (the “Dataset Partners”). Wirestock will select the Dataset Partners in its sole discretion. You agree that Wirestock may license your Content, as well as all associated metadata, to Wirestock’s Dataset Partners for the price and in the form, extent, and scope that Wirestock, in its sole discretion, chooses.
For all of your Content that participates in the Dataset Deals Program, you agree to be compensated as follows: Wirestock will pay you a royalty equal to your Fractional Participation multiplied by 50 percent of the total payment Wirestock receives from the Dataset Partner (“Dataset Deals Royalty Formula”). You agree that Wirestock shall retain the remaining 50 percent of the total payment. “Fractional Participation” is defined as the total number of items of your Content participating in the Dataset Program divided by the total number of items of Content (whether your Content or another user’s Content) participating in the Dataset Program.
Opting Out: You have the right to exclude your Content from participating in the Dataset Deals Program. To opt out, you must go to your “account settings” and unselect the option for Dataset Deals for one or more, or all, of your Content.
Minimum Royalty Amount: Each time your Content is licensed as part of the Dataset Deals Program (a “Dataset Deal Licensing Event”), Wirestock will track the royalty you are entitled to based on the Dataset Deals Royalty Formula. However, Wirestock will not transfer funds to your Wirestock account until the amount of royalty you are entitled to based on one or more Dataset Deals Licensing Event, is at least $0.03 USD (three cents USD).
If you refer other content contributors to Wirestock, you can participate in Wirestock's referral program. To refer a person pursuant to Wirestock's referral program, you must do so by sending them a link (the "Referral Link") that you can find on the dashboard page of your account. Once the Referral Link is sent to the e-mail address of your referral, they will need to sign up by clicking on the Referral Link and providing the required information. Once your referral has successfully signed up with Wirestock, you will be paid ten percent (10%) of the Royalties earned by and paid to your referral (the "Referral Payment"). Wirestock will pay you the Referral Payment for one year from the date that your referral successfully signed up with Wirestock, after which we will no longer pay you the Referral Payment.
However, if you cancel your account, you thereby forfeit all Referral Payments and we will immediately stop paying Referral Payments. Additionally, if your account is terminated for breach of the Terms, in addition to any other rights at law or in equity Wirestock may have, Wirestock shall have the right to retain any Referral Payments payable to you hereunder as liquidated damages.
If for whatever reason Wirestock must recoup Royalties paid to your Referral (the "Recouped Royalty"), Wirestock reserves the right to recoup from you any Referral Payments previously made to you that are attributable to the Recouped Royalties.
BY USING THE AI SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS, INCLUDING THE PROVISIONS RELATED TO AI CONTENT AND AI PROMPTS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM USING THE AI SERVICES.
Wirestock will provide you the ability to use AI tools to express your creativity by producing user-generated images from text prompts (“AI Content”). These services use an artificial intelligence (“AI”) tool to generate the AI Content. The foregoing is referred to as the “AI Services.”
You understand that the AI Services may change from time to time, as determined by Wirestock in its sole discretion, including but not limited to the cost of the AI Services and number of times you can generate AI Content. If Wirestock changes the AI Services, it will endeavor to provide you reasonable advance notice. Please contact support@Wirestock.io if you have any concerns related to the AI Services. We are ready to discuss your concerns and assist you!
You agree you are solely responsible for your use of the AI Services, including your text prompts, generation of AI Content, and the consequences of your AI Content Sharing (defined further below). Wirestock does not guarantee, endorse or approve the suitability or appropriateness of the resulting images you generate. If you choose to use this feature, you assume all associated risks.
These AI Guidelines apply to your AI Content and use of the AI Services, including any AI Content Sharing (defined below).
Any violation of Wirestock’s Terms, including this section and the AI Guidelines, may result in Wirestock suspending or terminating your Account, in Wirestock’s sole discretion, or your access to and use of the AI Services.
You agree that Wirestock and its Partners may preserve your text prompts and AI Content and may also disclose your text prompts and AI Content if required to do so by law or in Wirestock’s good faith belief that such preservation or disclosure is reasonable necessary to (i) comply with legal process, applicable law, or government requests; (ii) enforce these Terms; (iii) respond to claims that the AI Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Wirestock or its Partners and their respective officers, employees, directors, shareholders, licensors, service providers, agents, and the public.
In addition to the Acceptable Uses contained in our Terms, the following uses with respect to the AI Services are prohibited. You may not, or assist any other person to:
The AI Services may block certain text prompts and blur resulting AI Content if Wirestock finds, in its sole judgment, the prompt or resulting image too graphic, offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the AI Content does not otherwise violate the above prohibitions. Wirestock may also block text prompts or remove AI Content that we find objectionable or that we believe in our sole judgment may expose us or others to any harm or liability.
Notwithstanding the foregoing, you acknowledge and agree that Wirestock may, but is not obligated to, monitor, review, or remove AI Content that violates these Terms or is otherwise objectionable. You are solely responsible for the content you generate through your use of the AI Services and any consequences that may arise from it.
Ownership of Content:
You agree that as between you and Wirestock, you own the AI Content that you generate using the AI Services to the extent permitted by applicable law.
With respect to images you upload to the AI Services, you represent and warrant that you own all right, title, and interest in and to such images, including without limitation, all copyrights and rights of publicity contained therein. By uploading any images to the AI Services, you hereby grant Wirestock and its Partners a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use such materials for any purpose related to Wirestock or its Partners, in any form, medium, or technology now known or later developed. You are responsible for the AI Content, including ensuring any AI Content Sharing does not violate any applicable law, intellectual property right of any third party, or these Terms.
You agree that Wirestock or its Partners, or their affiliates, may use the AI Content to develop and improve the AI Services, including by storing your AI Content and associated metadata (e.g., image specifications, seeds, and text prompts).
The AI Services are provided on an “as is” basis. Wirestock and its Partners make no warranties (express or implied, statutory, or otherwise) with respect to the AI Services or AI Content, and disclaims any warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Wirestock and its Partners make no warrant that (a) the AI Services will meet your requirements, (b) the AI Services will be uninterrupted, timely, secure, or error-free, and (c) the results that may be obtained from the use of the AI Services will be accurate or reliable.
Wirestock reserves the right to modify or discontinue, temporarily or permanently, the AI Services (or any part thereof) with or without notice. You agree that Wirestock or its Partners will not be liable to you or to any third party for any modification or discontinuance of the AI Services.
Wirestock is not responsible for any activities or legal consequences of your use of the AI Services. You are solely responsible for using the AI Services in compliance with (i) all applicable laws and regulations of the jurisdictions in which you are domiciled, reside, or located at the time of your access or use, and (ii) the jurisdictions into which you direct any AI Content Sharing, and (iii) Wirestock’s Terms.
You agree to indemnify and hold Wirestock and its parent, subsidiaries, affiliates and Partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the AI Services, the AI Content, AI Content Sharing, any breach of these Terms, or your violation of any law or the rights of a third party.
Users who sign up for Wirestock Premium are given certain benefits. While those benefits may change from time to time, they may include quicker content review and processing, additional easy submissions, and greater storage options. The following terms apply to your Wirestock Premium membership, and are in addition to the terms contained herein.
Billing and Cancellation:
Refunds and Credits:
From time to time, as determined in Wirestock’s sole discretion, Wirestock will invite certain users to submit to Wirestock, by a certain date (the “Challenge Deadline”), an original image or video or other item of Content that depicts, reflects, or embodies a certain theme, subject, or idea, as selected by Wirestock in its sole discretion. The foregoing is referred to as a “Challenge.”
The individual users who may participate in the Challenge; the Challenge Deadline; the theme, subject, or idea of the Challenge; and the amount of payment for the winning item of Content will be determined by Wirestock in its sole discretion. All other aspects, details, or conditions of the Challenge will also be determined by Wirestock in its sole discretion.
Once the Challenge Deadline passes, Wirestock will select a winner, or winners, by a method or in a manner that Wirestock chooses in its sole discretion. Methods of choosing a winner of the Challenge may include, but is not limited to, Wirestock selecting the winner, third parties designated by Wirestock selecting a winner, or Wirestock users choosing the winner by majority vote. If you participate in the Challenge, you may not appeal the result of the Challenge or otherwise contest it.
Reporting Claims of Copyright Infringement:
We take claims of copyright infringement seriously. Wirestock has designated an agent for purposes of takedown notices under the Digital Millennium Copyright Act (the “DMCA”). If you believe your copyrighted work is being infringed and is accessible on Wirestock’s website, you may notify Wirestock’s designated agent in accordance with the DMCA (17 U.S.C. § 512). For your notice to be effective it must be in writing, sent to Wirestock’s designated agent (identified below), and include substantially the following:
Submit your written notice to Wirestock’s designated agent at the following email address:
You may also notify Wirestock via mail at the following physical address:
Attn: Wirestock DMCA Agent
3277 S White Rd Ste 3285
San Jose, CA 95148
DMCA Counter Notification Procedures:
If you believe that material you posted on Wirestock’s website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
Please note that under the DMCA (17 U.S.C. § 512(f)), Wirestock may, in its sole discretion, take action and seek damages, including costs and attorneys’ fees, against any person who knowingly materially misrepresents to Wirestock that (1) material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification.
Repeat Takedown Notices and Infringers:
Wirestock may, in appropriate circumstances, terminate a user’s account who is a repeat infringer, or is the subject of one or more DMCA takedown notices. The foregoing in no way limits Wirestock’s right to terminate a user’s account as Wirestock deems necessary, in its sole discretion
By utilizing the Services and Website, or otherwise interacting or doing business with Wirestock, you hereby represent and warranty that:
If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We strive to provide great services, but there are certain things that we can't guarantee. Foremost, we do not guarantee that you will earn any money from using our Services. To the fullest extent permitted by law, Wirestock and its affiliates, suppliers, and distributors make no warranties, either express or implied, about the Services. The Services are provided "As Is." We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, without limiting the above, Wirestock makes no warranty that: (i) its Website will meet your requirements; (ii) access to the Website will be uninterrupted; (iii) the quality of the Website will meet your expectations; and (iv) any errors or defects in the Website or Services will be corrected. Further, Wirestock makes no representations or warranties that the Services will be permitted in your jurisdiction; that any of your Content submitted by you will be made available by any content marketplace; that your Content will be stored by Wirestock; that the Services will meet your needs; or that Wirestock will continue to support any particular feature of its Website or continue to provide any particular Service. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first use the Services, and no warranties shall apply after that period.
In countries where exclusions or limitations of liability aren't allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you.
In countries where exclusions or limitations of liability are allowed, Wirestock, its affiliates, suppliers, or distributors won’t be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages, including, without limitation, any loss of income, use, data, business, profits, or diminution of value, even if the Wirestock, its affiliates, suppliers, or distributors has been advised of, or had reason to know of, the possibility of such damages. You agree that Wirestock's, its affiliates', suppliers', or distributors' aggregate liability to you and all third parties in connection with or related to these Terms, any Content, or the Services shall be limited to general money damages not to exceed five hundred dollars ($500.00 USD). This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
If you use the Services for any commercial or business purposes, Wirestock, its affiliates, suppliers, or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, and Wirestock and its affiliates aren't responsible for the conduct, whether online or offline, of any user of the Services.
Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
You agree to defend, indemnify, and hold harmless Wirestock, its affiliates, licensors, licensees, content marketplaces, Ultimate Consumers, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensees, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your conduct in relation to the Services, your Content, Content you have submitted to Wirestock, your inability to use the Services, your violation of any rights of another, or your violation of these Terms.
Let's Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim or demand against Wirestock, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you via e-mail. If a dispute is not resolved within 20 days of submission, you or Wirestock may bring a formal proceeding.
Judicial Forum for Disputes. You and Wirestock agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal courts of Los Angeles, California, subject to the mandatory arbitration provisions below. Both you and Wirestock consent to venue and personal jurisdiction in such courts.
We Both Agree to Arbitrate. You and Wirestock agree to resolve any claims arising out of or relating to these Terms or the Services through final and binding arbitration by a single arbitrator. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules in effect on the date of the commencement of arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location we agree to. The language of the arbitration shall be English. The AAA rules will govern payment of all arbitration fees. However, each party shall bear its own costs and attorneys’ fees in the arbitration. Both parties agree that the following claims are exceptions to the agreement to arbitrate and will be brought in a judicial proceeding: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyberattack).
This arbitration provision will survive termination of this Terms.
You and Wirestock agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Wirestock agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Wirestock acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under these Terms.
All matters relating to the Services, the Website, and these Terms, and any dispute or claim arising therefrom or related thereto will be governed by and construed in accordance with the internal laws of the California, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
These Terms constitute the entire agreement between you and Wirestock with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Wirestock's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Wirestock may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Wirestock reserves the right to modify these Terms at any time in its sole discretion. Wirestock will notify you of any change by email to the primary email address on file in your Wirestock account, an announcement on this page, your login page, or by other means to provide you the opportunity to review the modifications before they become effective. If you don't agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
In exchange for using our Services, we ask that you do so responsibly.
You agree to not misuse the Services or to help anyone else do so. For example, you must not try to do any of the following in connection with the Services:
Help us keep your Content protected. Safeguard your password to the Services, and keep your account information current. Do not share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. The relationship of the parties is that of independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties.
It is expressly understood and agreed that this Terms is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this Terms as to third parties.
Effective as of October 12, 2023.