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Terms of Service

Thanks for using Wirestock!

These terms of service ("Terms") cover your use and access to our services and websites ("Services"), including the Wirestock API. The Terms is a legally binding, non-exclusive agreement between you and Wirestock. Please read the Terms carefully before you start to use the Services. Among other things, the Terms describes and controls your legal relationship with Wirestock, the rights you are granting to Wirestock in any photographs, images, vectors, moving images, animations, films, videos, audiovisual works or other media and works of authorship together with any associated keywords, metadata, and titles submitted by you to Wirestock and not rejected by Wirestock (collectively, the "Content"), and the uses Wirestock may make of the Content. Wirestock is not required to accept the Content you submit to it, but may, for any reason or no reason at all, reject Content that you submit. Our Privacy Policy explains how we collect and use your information. By using our Services, you are agreeing to be bound by these Terms and our Privacy Policy.

Your Content & Your Permissions

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:

  • By submitting any Content to Wirestock, you grant Wirestock, and the content marketplaces a worldwide, non-exclusive, sub-licensable, right and license to reproduce, print, distribute, adapt, prepare derivative works incorporating, publicly perform and display (through all media now known or hereafter created), sublicense, sell, advertise and market any Content uploaded by you and accepted by Wirestock, until this agreement is terminated as herein provided. You also give permission to Wirestock and the content marketplaces to add, modify, or remove information related to your Content in order to manage and license such Content. You are granting Wirestock and the content marketplaces the non-exclusive right to license and use your submitted Content, and to Ultimate Consumers to use your submitted Content.
  • By submitting Content to the Exclusive agencies or marketplaces, you grant the content marketplace of your choice a Co-Exclusivity right. "Co-Exclusive" means that (1) you can only sell the Content directly to your own non-distributor clients; (2) The content marketplace of your choice is the exclusive distributor of the Content outside of your own direct sale; and (3) you cannot provide the Content to any third-party distributor.
  • You grant Wirestock and the content marketplaces a worldwide, non-exclusive right to use your name, display name, and Content in connection with Wirestock's or its content marketplaces' marketing and promotional activities without the payment of any compensation to you. Wirestock and the content marketplaces, in their sole discretion, may refrain from any or all of the foregoing without any liability to you.
  • Wirestock and the content marketplaces, shall have the right, but not the obligation, to license all Content you submitted to Wirestock through any of the content marketplaces' brands and platforms to their respective customers for use in perpetuity in accordance with license agreements entered into by Wirestock or the content marketplaces ("Licenses").
  • When you register with Wirestock, we will provide you a portfolio page ("Portfolio") and add your Content to your Portfolio ("Portfolio Content," wherein Portfolio Content is included in the definition of Content used herein). Without limiting anything in this section, you agree and understand that by registering with Wirestock, Wirestock may offer, and you hereby license Wirestock to offer, your Portfolio Content for licensing to any person, including, but not limited to, content marketplaces, stock agencies, studios, or any end users, such as individuals, companies, or brands (such end users are included in the definition of "Ultimate Consumer," defined herein). You agree and understand that unless you hide your Portfolio from public view, your Portfolio can be viewed by anyone on the Internet, and a hyperlink to your Portfolio, and the Content therein, can be shared by anyone. You hereby grant Wirestock the ability to grant a license to your Portfolio Content for the price and in the form, extent, and scope that Wirestock, in its sole discretion, chooses. A current version of the license granted by Wirestock to your Portfolio Content can be found here. If you do not agree to Wirestock’s ability to license Portfolio Content in the manner or to the licensees discussed herein or provided for in the license agreement linked above, your sole remedies are to hide your Portfolio or unregister from Wirestock.
  • When you register with Wirestock, and submit Content to Wirestock, Wirestock may offer for sale a reproduction of your Content in hard copy on cardstock, paper or other material (a "Print"). You agree that Wirestock has sole discretion to determine the size or sizes of your Print to offer for sale, and the advertised and final price of your Print, including whether to offer any price concessions or discounts.

Ownership Of Content

The copyrights in all Content remain with the copyright owner, 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 ownership in and to your Content.

Releases

  • Content marketplaces may require a release for certain Content. You agree to provide Wirestock a valid and accurate model release for any and all Content you contribute to Wirestock that, in Wirestock's judgment, contains an identifiable face or identifiable human figure or other identifiable attribute including, without limitation, voice, appearance, or likeness. You also agree to provide valid and accurate property releases to Wirestock for all Content that requires such releases, which determination shall be made in Wirestock's sole discretion.
  • You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records.
  • The submission of any falsified, inaccurate, or otherwise defective release is a material breach of the Terms. You agree that Wirestock has complete discretion to determine whether a release is valid and complete, and in compliance with the Terms herein.
  • You agree that Wirestock, or the content marketplaces, may furnish copies of releases to customers, as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, regulations, or union reporting requirements, or any other reason Wirestock or the content marketplaces deem reasonable in their sole discretion.

Accounts

  • You agree to provide true and complete information relating to your Wirestock account and Content, including, but not limited to, information relating to the date, location, and equipment used in connection with creation of the Content.
  • Wirestock has the right to refuse to establish an account or to close any existing account, including for (or for allegations of) fraud, intellectual property infringement, violation of a third party’s rights including those of privacy or publicity, submission of material that is obscene in nature, violent or that might be construed as defamatory, for any breach of the Terms of this or any other agreement that you have with Wirestock, or for convenience.
  • You may request that Wirestock remove Content that you have previously uploaded to Wirestock. You must make this request in writing to the following email address: support@wirestock.io. Once Wirestock receives your request in accordance with this provision, 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.
  • You may not submit identical Content to more than one account without the prior written consent of Wirestock.

Content

  • Wirestock has the right to refuse to accept your Content for any reason or no reason at all.
  • Wirestock has the right to remove your Content from its Website, or direct its content marketplaces to remove the Content from their websites, platforms, or marketplaces, for any reason or no reason at all.
  • By submitting your Content to Wirestock, the content marketplaces may refuse your Content for any reason or no reason at all, and may remove your Content for any reason or no reason at all. Wirestock has no responsibility to investigate or otherwise determine why a content marketplace has refused or removed your Content.
  • Wirestock may remove Content if Wirestock believes that such Content may (in Wirestock's sole judgment) subject Wirestock or any of its officers, managers, directors, or employees to legal action or if the Content violates the Terms.
  • Licenses issued by the content marketplaces for any Content that is later removed from Wirestock or the content marketplaces' websites, platforms, or marketplaces will remain in full force and effect in perpetuity.
  • By submitting your Content to Wirestock, you agree to not upload the same Content directly to any content marketplace. You agree and understand that doing so would be a breach of these Terms.
  • If you want to submit to Wirestock Content you have already uploaded directly to a content marketplace, then you must first delete your Content from the content marketplace.

Termination

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 support@wirestock.io 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.

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.

Deletion Of Your Content

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 stored in a secure manner.

Compensation

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.

Instant Pay Program

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.

Extra Channels 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 "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.

Exclusive Agencies Program

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.

Referral Program

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.

Wirestock Premium Plans

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.

Premium Membership:

  • Your Wirestock Premium membership ("Membership") will continue and automatically renew until terminated.
  • You must provide us with one or more Payment Methods. "Payment Method" means a current, valid, and accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
  • If you wish to cancel your Membership, you must do so before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method.
  • You may select Wirestock Premium on a month-to-month basis or on an annual basis. If you select month-to-month, then Wirestock will bill your Payment Method monthly. If you select annual, Wirestock will bill your Payment Method annually.
  • Wirestock Premium may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Membership by visiting Wirestock.io, signing in, and clicking on the "Account" link at the top of the page.
  • Wirestock may from time to time offer promotional offers for Wirestock Premium. Offer eligibility is determined by Wirestock at its sole discretion and Wirestock reserves the right to recover any promotional offer and put your account on hold if Wirestock determines you are not eligible. Eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the promotional offer or in other communications made available to you.
  • Wirestock reserves the right to change Wirestock Premium, including by adjusting pricing for Wirestock Premium or any components thereof in any manner and at any time Wirestock may determine in its sole discretion. Except as otherwise expressly provided for herein, any price changes or changes to your Membership will take effect after notice to you.

Billing and Cancellation:

  • The cost for Wirestock Premium (the "Subscription Fee") and any other charges you may incur in connection with your use of Wirestock’s service, such as taxes or transaction fees, will be charged by Wirestock to your Payment Method on the date indicated on your "Account" page.
  • The Subscription Fee is earned upon payment.
  • In certain instances, your payment date may change, for example if you change your Payment Method, or your Payment Method has not successfully settled.
  • To use your Membership you must provide one or more Payment Methods. You authorize Wirestock to charge any Payment Method associated to your account.
  • You remain responsible for any uncollected amounts.
  • If a payment is not successful because your Payment Method is expired, for insufficient funds, or for any other reason, and you do not cancel your Membership, Wirestock may suspend your access to Wirestock Premium until Wirestock has successfully charged a valid Payment Method.
  • Please be aware that for some Payment Methods the issuer may charge you fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.
  • You can update your Payment Method by going to your "Account" page. Wirestock may also update your Payment Method with information provided by a payment service provider. If your Payment Method(s) is updated, you authorize Wirestock to continue to charge the Payment Method(s).
  • You may cancel your Membership at any time by going to your "Account" page and following the instructions. If you cancel your Membership, you will still have access to your Membership through the end of your billing period, after which you will no longer have access to your Membership.

Refunds and Credits:

  • Payments made for Wirestock Premium are nonrefundable. Wirestock will not give a credit or refund of any amount for partially used membership periods.
  • If you cancel your Membership, you will continue to have access to Wirestock Premium through the end of your current billing period.
  • Notwithstanding the foregoing, Wirestock reserves the right to provide a refund, discount, or other consideration ("Credit") to you or any other member, at any time, and for any reason. However, the decision to provide such Credit, including the amount and form, is at Wirestock’s sole discretion.
  • By providing a Credit to you in one instance does not entitle you to receive future Credit, nor does it obligate Wirestock to provide you such future Credit.

Membership Limitations:

  • If you sign-up for Wirestock Premium it is for your personal and non-commercial use only and you may not share your access to your Membership with other individuals.
  • You may access your Membership primarily within the country in which you have established your account and only in geographic locations where Wirestock offers Wirestock Premium.
  • The number of devices from which you may simultaneously access your Membership is specified on your "Account" page.
  • You agree to use your Membership in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service therein.
  • Wirestock may terminate or restrict your use of the Wirestock Premium if you violate these Terms of Service, are engaged in illegal or fraudulent use of Wirestock’s services.

Account Access:

  • The person who created your account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through your account. To maintain control over your account and prevent anyone from accessing your Membership, you should maintain control over your Wirestock ready devices that are used to access your Membership and not reveal your password to anyone.
  • You are responsible for updating and maintaining the accuracy of the information you provide to Wirestock relating to your account.
  • Wirestock may terminate your account or place your account on hold in order to protect you, Wirestock, or third parties from identity theft or other fraudulent activity.
  • Wirestock is not obligated to credit or refund you or provide you a discount for holds placed on your account by Wirestock.
  • If your Wirestock ready device is sold, lost, or stolen, please take steps to deactivate your Wirestock ready device.

Wirestock Trademarks

  • For the purposes of the Terms, the term "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Wirestock.
  • Nothing contained herein grants or shall be construed to grant you any rights to use any Wirestock Trademarks.
  • You agree that you will not use Wirestock's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Wirestock. Nor will you contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Wirestock Trademarks or the Trademark rights claimed by Wirestock.
  • You agree that you will not use any Wirestock Trademarks or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.
  • You may not at any time, adopt or use, without Wirestock's prior written consent, any word or mark which is similar to or likely to be confused with Wirestock's Trademarks.
  • The look and feel of the Wirestock Websites, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Wirestock and may not be copied, imitated or used, in whole or in part, without the prior written consent of Wirestock.
  • You may not frame or hotlink to the Wirestock Websites or to any item of Content other than your own without the prior written consent of Wirestock.
  • All rights in and to Wirestock's Trademarks not expressly granted to you hereunder are reserved by Wirestock.

Copyright Infringement Claims

  • You hereby grant Wirestock and the content marketplaces the right and authority to take such steps as it deems commercially reasonable to protect Wirestock's rights in the Content.
  • In the event that you believe that a license to your Content is being misused, you shall take no action against the content marketplaces, the marketplaces’ licensee or other Ultimate Consumer without providing notice of such misuse to Wirestock and receiving Wirestock's prior written consent prior to such action.
  • While Wirestock takes commercially reasonable steps to ensure that the rights of its customers are not violated by other parties, Wirestock has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content.
  • In the event Wirestock receives a complaint about your Content, Wirestock may suspend access to such Content and terminate your account.
  • If you knowingly or repeatedly submit false copyright infringement claims and takedown notices to Wirestock, Wirestock reserves the right to disable or delete your account with no further notice to you.

Representations and Warranties

  • you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder, including possessing all necessary rights to submit Content to Wirestock and grant the licenses set forth above;
  • you are under no legal disability or contractual restriction that prevents you from entering into this agreement;
  • you are at least 18 years of age;
  • the Content and all parts thereof are solely owned or controlled by you, unencumbered, no third parties have rights thereto or therein, and are original works and are capable of copyright protection in all countries where copyright or similar protection is available;
  • Wirestock will not need to obtain any permission or license from any third party for use of your Content;
  • if the Content contains sound recordings, music, or lyrics, you own or have acquired all rights to use such sound recordings, music, or lyrics from the owner of the copyright in such sound recordings, music, or lyrics;
  • if the Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools, and/or the like that are included in or provided by design programs (e.g., Photoshop, Daz, Illustrator), the end user license agreement, terms of service or the equivalent license held by you permits you to incorporate such elements in Content created by you, and to license such Content to Wirestock and others on the terms and for the purposes set forth herein;
  • the Content is neither obscene nor defamatory, does not violate any applicable laws or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;
  • there is no suit, action, or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by you hereunder; and
  • you will not transmit unsolicited emails or engage in so-called "spamming" to publicize or promote your relationship with Wirestock or the sale of your Content; nor will you falsely advertise or deceptively publicize your relationship with Wirestock in a manner that mischaracterizes or implies sponsorship, endorsement, employment, or any other affiliation that exceeds the actual scope of your relationship to Wirestock; nor will you use Wirestock's Trademarks through the use of search engine advertising or marketing. You acknowledge that such advertising or marketing might infringe on the intellectual property rights of Wirestock or third parties. In addition to its other rights and remedies under the Terms, Wirestock shall be under no obligation to pay you any compensation if you violate the terms of this subparagraph. You agree that upon Wirestock learning of any claim that is inconsistent with any of the warranties or representations made by you, Wirestock may send you written notice of such claim, using the email address provided by you to Wirestock, specifying the details of the claim as then known to Wirestock.
    • Pending the determination of such claim, Wirestock may withhold from royalties or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Wirestock.
    • You will cooperate fully with Wirestock in the defense of any such claims. You may participate in the defense of any claim through counsel of your selection at your own expense.

Links From The Website

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.

Service "As Is"

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.

Limitation Of Liability

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.

Limitation On Time To File Claims

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.

Indemnification

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.

Resolving Disputes

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 support@wirestock.io. 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.

Electronic Communications Delivery

  • You agree and consent to receive all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that Wirestock provides in connection with your Content and your account. Communications include agreements and policies you agree to, updates to these agreements or policies, account statements, tax statements (if any), and any other information relating to your Content and your account. Wirestock will provide Communications to you by posting them on the Wirestock website or by email at the primary email address on file in your Wirestock account.
  • In order to access and retain electronic Communications, you will need a computer or mobile device with an Internet connection, a Current Version (as defined hereinafter) of a web browser; a Current Version of a program that accurately reads and displays PDF files; a valid email address (your email address on file with Wirestock in your account); and sufficient storage space to save past Communications or an installed printer to print them. We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications. "Current Version" refers to a version of the software that is currently being supported by its publisher. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with Wirestock's products and services.
  • By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
  • You may withdraw your consent to receive Communications electronically by writing to us at support@wirestock.io. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
  • If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by mail. In order for us to send you paper copies, you must have a current street address on file in your account. If you request paper copies, you understand and agree that Wirestock may charge you a records request fee for each Communication.
  • It is your responsibility to keep your primary email address up to date so that Wirestock can communicate with you electronically. You understand and agree that if Wirestock sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Wirestock will be deemed to have provided the Communication to you. You can update your primary email address at any time by updating the information on file in your account settings.

Controlling Law

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).

Entire Agreement

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.

Waiver, Severability & Assignment

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.

Modifications

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.

Acceptable Uses

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:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
  • sell the Services unless specifically authorized to do so;
  • upload content that is unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
  • harass or abuse Wirestock personnel or representatives or agents performing services on behalf of Wirestock;
  • violate the law in any way;
  • violate the privacy or infringe the rights of others.

Modifications - Things To Keep In Mind

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 July 19, 2022.

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