Amendments to Agreement
STOCKIST reserves the right to, in its sole discretion, change or modify all or any part of this Membership Agreement at any time, which amendments or modifications will take effect immediately upon publication on the Site. The continued use of the membership portions of the Site after such notice, constitutes an acceptance of the terms and conditions in this Membership Agreement by the user, including any changes or modifications made by STOCKIST as permitted above. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to a user, the use of the membership portions of the Site must be immediately terminated by the user.
Download of Media (photos, vectors, illustrations, footage etc)
Downloads can be purchased as per the pricing schedule on each individual image/media on the site. Media can be purchased with Payfast (Visa, Mastercard, Bitcoin, EFT). Paypal is currently only used for paying contributors their commissions in USD when and where applicable.
The price of he selected media purchased through the Site will be the price specified in the Site at the time of your purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, STOCKIST is authorized to charge the designated credit card, or PayPal account, for the total amount of the purchase.
Use of Content
The user acknowledges that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, "Content") which is protected by copyright, trademark and/or other proprietary rights of STOCKIST and its affiliates or other third parties (including other members).
No user may modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Membership Agreement and any other agreement entered into at the time such Content was downloaded.
Content is provided to the Site through members entering into a Supply Agreement with STOCKIST, either on an exclusive or non-exclusive basis (each, a "Supply Agreement”). Subject to the provisions of the applicable Supply Agreement, no person may post on the Site any Content not owned wholly by such person or user. No person or user may download Content if not in accordance with the terms of this Membership Agreement and the applicable Content License Agreement.
Registration Data and Account Security
In consideration of a user’s use of the Site, the user agrees to: (a) provide accurate, current and complete information about him or herself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information the user provides to STOCKIST, to keep it accurate, current and complete; (c) maintain the security of the password and identification; (d) notify STOCKIST immediately of any unauthorized use of the user’s account or other breach of security; (e) accept all responsibility for any and all activities that occur under the user’s account; and (f) accept all risks of unauthorized access to the Registration Data and any other information provided to STOCKIST.
Rules of Conduct
The user agrees not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, the user agrees that when uploading to or communicating via the Site, including in respect of any forums, social media, chat-rooms or other exchanges (a "Forum”) accessed on or through the Site, the user shall not do any of the following:
·Insult, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
·Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
·Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless the user is the owner of or controls the rights thereto or have received all necessary consents.
·Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
·Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
·Falsify the origin or source of software or other material contained in a file that is uploaded.
·Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
·Download any file posted by another user of a Forum that the user knows, or reasonably should or ought to know, cannot be legally distributed in such manner.
·Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or STOCKIST ’s business.
The user acknowledges that Forums are public and not private communications. Further, the user acknowledges that no communication of a third party or content is endorsed by STOCKIST and no communication of a third party or content may be considered reviewed, screened or approved by STOCKIST. STOCKIST reserves the right to remove without notice any communication, content or other material posted to the Site.
The user further agrees not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site and agrees not to attempt to gain unauthorized access to any other STOCKIST member accounts, computer systems or networks associated with the Site. The user further agrees not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
STOCKIST does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, STOCKIST reserves the right to delete, move or edit any communication or Content that in its sole discretion violates or may violate this Membership Agreement or is otherwise unacceptable. The user shall remain solely responsible for all communications made or Content uploaded under his or her Member Name. STOCKIST shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. The user acknowledges that any screening of Content performed by STOCKIST to determine acceptable Content is done as a courtesy only.
The user acknowledges that the Confidential Information (defined below) which the user obtained as a result of his or her membership ofSTOCKIST through this Membership Agreement and the use of the Site constitutes valuable, confidential, proprietary information of STOCKIST and its licensors, and the user agrees that during the term of this Membership Agreement and thereafter, the user shall not, without the express written consent of STOCKIST, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Membership Agreement or as required by applicable law.
For the purposes of this Membership Agreement, "Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of STOCKIST, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.
The user agrees to indemnify, defend and hold STOCKIST and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "STOCKIST Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including legal costs on an attorney and client basis) incurred by any STOCKIST Party in connection with: (i) any use or alleged use of the Site under the user’s Member Name by any person, whether or not authorized by the user; (ii) or resulting from any communication made or Content uploaded under the user’s Member Name; or (iii) any breach by the user of this Membership Agreement. STOCKIST reserves the right, at the user’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, and in such case, the user agrees to cooperate with STOCKIST’s defense of such claim.
Period of use and Termination
This Membership Agreement is effective until terminated. The user may terminate this Membership Agreement at any time by emailing email@example.com or by such other means of written notice acceptable to STOCKIST which enables confirmation of the user’s identity and of his/her intention to terminate. STOCKIST reserves the right, in its sole discretion, to restrict, suspend or terminate the user’s right to access the membership portions of the Site at any time for any reason without prior notice or liability. STOCKIST may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
STOCKIST may also terminate or suspend the user’s access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by STOCKIST.
Termination of this Membership Agreement does not relieve the user of his/her responsibilities to pay any amounts due to STOCKIST under this Membership Agreement or the user’s obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Membership Agreement or any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement). Termination of this Membership Agreement shall operate without prejudice to STOCKIST’s rights, defenses and limitations of liability provided under this Membership Agreement, which rights, defenses and limitations of liability shall continue after termination of this Membership Agreement.
Upon termination of the user’s access to the membership portions of the Site, the user agrees to forfeit all download credits remaining in his/her account.
Disclaimer of Warranties
THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. STOCKIST DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET THE USER’S REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
STOCKIST DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
Limitation of Liability
THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.
UNDER NO CIRCUMSTANCES SHALL STOCKIST OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION THE USER’S USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO THE USER HEREUNDER, EVEN IF STOCKIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, UNLAWFUL ACT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
Age and Responsibility
The User represents and warrants that he/she is of the minimum required legal age to use the Site and to create binding legal obligations for any liability the user may incur as a result of the use of the Site, without the assistance or consent from a legal guardian. The user agrees to be responsible for all of the user’s use of the Site (as well as for use of his or her Member Name and password(s) by others, including without limitation, minors living with such user). The user agrees to supervise all usage by minors of the Site under his/her name or account.
The Site is controlled, operated and administered by STOCKIST from within the Republic of South Africa and the Site can be accessed from all provinces and territories of South Africa as well as from other countries around the world.
The user acknowledges and agrees that this Membership Agreement will be governed under the laws of the Republic of South Africa. The user hereby irrevocably submits to the exclusive jurisdiction of the Regional Court for the Province of Gauteng, held at Pretoria, Gauteng Province, South Africa with respect to the subject matter of this Membership Agreement. This Membership Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
The user consents to service of any required notice or process upon him or her by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by the user at the time he or she is first granted access to the membership portions of the Site, or such other address as the user may advise STOCKIST in writing to use, from time to time.
Any and all disputes arising out of, under or in connection with this Membership Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Pretoria, South Africa, pursuant to the rules of the High Court of South Africa in effect at the time arbitration is demanded.
If STOCKIST is obligated to institute legal action in court, rather than arbitration, to enforce any of its rights, or to collect any fees, the user agrees to reimburse STOCKIST for its legal fees on an attorney and own client scale, costs and disbursements if STOCKIST is successful.
STOCKIST’s failure to insist upon or enforce strict performance of any provision of this Membership Agreement shall not be construed as a waiver of any provision or right.
If any provision or part thereof of this Membership Agreement becomes wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall determine an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is entered into between STOCKIST and the user personally and is not assignable by the user without STOCKIST’s prior written consent. STOCKIST may assign this Agreement without the user’s consent to any of its successor’s in title, right or assign and agrees that such successor in title, right or assign shall be bound by its terms.
In the event of any concerns relating to the Site or this Membership Agreement, please contact STOCKIST at firstname.lastname@example.org or at (+27) 82415 3536
I ACKNOWLEDGE THAT I HAVE READ THIS MEMBERSHIP AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. I FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE TERMS OF THE AGREEMENT BETWEEN MY SELF AND STOCKIST, WHICH SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR IN WRITING, AND ANY OTHER COMMUNICATION BETWEEN MY SELF AND STOCKIST RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT.