When you submit your Content to Wirestock, you give Wirestock permission to upload and license your Content to one or more companies that operate an online marketplace for stock media, such as Shutterstock, Adobe Stock, Alamy, Dreamstime, Depositphotos, Pond5 (“content marketplace”) 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 send a notification to the email address provided by you to Wirestock. The notification will also give you the chance to opt-out of distributing your Content with the new content marketplace. If you do not respond to our email and opt-out within 7 days from when the email was sent to you, we will submit your Content to the new content marketplace.
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, and any of their respective sublicensees. However, by submitting Content to Wirestock, you expressly waive any artists’ authorship rights or any droit moral that you would otherwise have under the United States Copyright Act or similar laws of any jurisdiction, so that customers may use your Content in accordance with the Licenses issued by Wirestock or content marketplaces.
You always retain ownership in and to your Content.
You’re free to stop using our Services at any time but 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.
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 including if (a) you’re in breach of these Terms; (b) your use of the Services would cause a real 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.
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.
Once all your account is terminated, Wirestock will permanently delete your Content from its storage devices, servers, or cloud-based storage, if any.
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.
When you sign up for our Services you give Wirestock certain rights, including, but not limited to, the right to distribute, upload, provide to, and license your Content to various content marketplaces of your choosing, and give the content marketplaces the right to license your Content to their customers. When a person downloads your Content from a content marketplace, the person downloading your Content from the Provider (the “Consumer”) pays an amount that is determined by 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 a 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.
Certain content marketplaces pay an advanced fix 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 agree to upload your Content for Instant Pay, none of your rights change – you still own your Content and it is still distributed through the content marketplaces. For each of your 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.
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 three percent (3%) of the Royalties earned by and paid to your referral (the “Referral Payment”). Wirestock will pay you the Referral Payment for 2 years, 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 is attributable to the Recouped Royalties.
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) it’s 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.
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR WIRESTOCK’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS 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. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, WIRESTOCK, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WON’T BE LIABLE FOR:
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT WIRESTOCK OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
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, WIRESTOCK AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO $100.00 USD.
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, content marketplaces, and service providers, and its and their respective officers, directors, employees, contractors, agents, 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 this 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. Modifications to these Terms will not apply retroactively. 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 May 21, 2020.