Customer/Member Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE AND ITS PRODUCTS AND SERVICES.
Butter Media Inc. d/b/a Vanstock (“Vanstock”) maintains the www.Vanstock.com website and Vanstock and Vanstockphoto branded sites (e.g., Vanstockphoto.ca, Vanstockphoto.de, etc.) (collectively, the “Site”). Casual users of the Site may browse image/video files (the “Image/video(s)”) and license the Image/videos (licensees are hereafter referred to as “Members”). Users, including Members, may also become content contributors (“Contributors”). Contributors may upload image/video files to the Site for the purpose of having Vanstock act as Contributor’s agent for licensing image/video rights to Members, pursuant to the terms of the Vanstock Contributor Agreement.
By registering with Vanstock, Customers/Members agree to be bound by the terms and conditions of Vanstock’s Privacy Statement (which is incorporated herein by this reference) and the following terms and conditions, as applicable (the “Agreement”)
Members must be at least 18 years of age. Vanstock may require that you provide sufficient proof of age or identity. By registering, you verify that your country of residence is the same as your billing address.
- Member Warranties and Responsibilities
Member warrants that he or she has provided Vanstock with accurate, complete, and current member information. In the event that Member creates an account with Vanstock (a “Vanstock Account”), Member agrees to correct and update that information to ensure its accuracy and completeness at all times. Entering false personal information, or failing to comply with these Terms of Service, may result in the revocation of the license(s) granted to the Member, as well Member’s loss of his or her Vanstock Account, and any other services or privileges provided by Vanstock.
Members who create a Vanstock Account will receive a password. Each Member is entirely responsible for any and all activities conducted through his or her Vanstock Account. Member agrees to notify Vanstock immediately of any unauthorized use of Member’s password or account as well as of any other breach of security that may affect Vanstock.
An individual Member may only create one Vanstock Account. This limitation may be waived by Vanstock if there is a pressing business or organizational reason for having more than one account. Please contact customer service for more information.
Upon creation of a Vanstock Account, you may be asked to choose a Member username. Members may not select or use a Member name of another person or a name that violates any third party’s trademark or other proprietary right, that is or may be illegal to use, that may cause confusion with respect to the person’s identity or association with other entities, or that Vanstock deems in its discretion to be vulgar or otherwise offensive. Vanstock reserves the right to delete any vulgar, inappropriate or offensive Member name, or to require the deletion thereof.
Members whose accounts have been terminated by Vanstock may not access the Site without the express written permission of Vanstock. An active Member may not knowingly allow any terminated Member to use an active Member’s account.
- Image/video Credit Expiration and Refund Policy
Image/video purchases are non-refundable.
IMAGE/VIDEO CREDITS EXPIRE ONE YEAR AFTER DATE OF PURCHASE.
Members shall indemnify, defend and hold harmless Vanstock, its officers, directors, employees, partners, associates, affiliates, joint ventures, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of Member’s warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) incurred by Vanstock as a result of such breach or breaches. Vanstock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification, without affecting Member’s indemnity obligations.
- Control of Operations
Vanstock, in its sole discretion, may remove any Image/videos uploaded to the Site including those appearing to infringe the intellectual property rights of other entities.
Vanstock reserves the right, but does not assume the responsibility, to restrict conduct which Vanstock deems in its discretion to be harmful to individual Users, damaging to the communities that use Vanstock, or in violation of Vanstock’s or any third party’s rights.
Vanstock expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
Vanstock makes no warranty with respect to any legal advice or information regarding proper legal use of any Image/video. Members are responsible for consulting their own attorneys to determine the fitness of Image/videos for particular purposes. Member agrees to hold Vanstock harmless from any claims related to Member’s usage of Image/videos.
Vanstock, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through Vanstock.
Vanstock makes no warranty that access to the Site will be uninterrupted, timely, secure, or error free.
Vanstock makes no warranty as to the use or the results that may be obtained from the use of Vanstock.
Vanstock makes no warranty with respect to any related software or hardware used or provided by Vanstock. Any patent, copyright, trademark, trade secret or warranty issues, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
- Limitation of Liability
Member acknowledges that Vanstock shall not be liable to Member or any third party for any claims and/ or damages arising from Member’s use of Image/videos. Vanstock shall not be liable to Member for any indirect, incidental, special or consequential damages, including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if Vanstock has been advised of the possibility of such damages.
Any Member may terminate his or her Vanstock account at any time with or without cause by notifying Vanstock’s support staff of Member’s desire to do so.
Vanstock may terminate any Member account at any time, for any reason or no reason. Member accounts that are not accessed (logged into) for more than two years may be deemed terminated at the discretion of Vanstock.
- Impermissible Conduct
Any conduct by Members that, in Vanstock’s sole discretion, restricts or inhibits any other person or entity from using or enjoying Vanstock or another service, is strictly prohibited and may result in the termination of a Member’s account without further notice. By registering for an account, each Member agrees to act reasonably and courteously in all communications with Vanstock employees and other Members. Member agrees to refrain from offensive speech, threats, intimidation, harassment, or sexual harassment of Vanstock employees and Members.
In the event that a Member’s account is terminated due to impermissible conduct or fraud, access to Vanstock services, accounts, and commissions, as applicable, is immediately forfeited.
If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable by either party. To the extent any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overly broad or overly restrictive, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this paragraph is reasonable and necessary to assure that the intent of the parties is carried out.
- Entire Agreement
By using the Site, users hereby acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. Users further agree that this Agreement is the complete and exclusive statement of the understanding between the user and Vanstock. Unless otherwise agreed to in writing in a separate signed agreement, this Agreement supersedes any proposal or prior agreement, oral or written, and any other communication between users and Vanstock relating to the subject matter of this Agreement.
- Revision of Agreement
Vanstock may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Site. Users agree to review this Agreement upon notice of such revision, and any further use of the Site shall constitute agreement to the terms as modified. If any such revision is unacceptable to users, they may terminate their membership by notifying Vanstock Member Support. Notice of termination will be effective upon return receipt or notification by Vanstock.