Terms and Conditions
Any disputes or differences arising out of or in connection with the use of the website shall first be attempted to be resolved by negotiation. Should the matter fail to be resolved within 30 days of a written request to 'negotiate' the dispute will be resolved by BINDING ARBITRATION. Accordingly by your use of this website you waive the right to bring an action before the Court, with the exception of actions falling within the scope of the Small Claims Court.
The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the Website user interface, is sent to the email address associated with your account (if applicable) or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
1. Defined Terms
“Pictures” means pictures, images, graphics and similar items that are uploaded on the Website.
“Stoctave API” means the Stoctave application program interface;
“User” means a person who accesses the Website.
“Website” means www.stoctave.com.
The Website is intended to be a site where Users can download Pictures. Permission is granted for pictures to be copied, reproduced, modified and used (for any and all purposes) by the website's Users, for no monetary compensation. All Users acknowledge that the Company does not verify the Pictures. The use of such Pictures, in any way, is at each User’s own risk, and are provided on an “as-is, where-is” basis, without any representations or warranties whatsoever by the Company.
3. Representations and Warranties by User
In accessing the website you warrant and represent to the company you are legally entitled to do so to make use of the information and pictures made available. You must be 18 years of age to use the website, save in the case where the jurisdiction (in which you have accessed the website) requires an upper age limit to enter into this agreement. You must abide by the jurisdiction restrictions imposed on you and cease the use of the website if you do not fulfill the age requirement.
You will not use the website for any of the following purposes:
in any way which causes, or may cause, damage to the website or interfere with any other person’s use or enjoyment of the website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or other objectionable or in breach of any applicable law, regulation or governmental order;
making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner, or violate any application, law or regulation.
You will not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website in any way, save as permitted herein; (ii) modify or make derivative works based upon the Website (iii) create Internet “links” to, or “frame” or “mirror” the Website on any other server or wireless or Internet-based device; (iv) reverse engineer the Website, or access the Website in order to (a) build a competitive product or service, (b) build a product using similar ideas, features or functions of the Website, (c) copy any ideas, features or functions of the Website, including without limitation the presentation of the Pictures, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting pictures to the website.
You do hereby acknowledge that all pictures may be viewed, used, reproduced, modified or otherwise dealt with by all users, or others, and, you appoint Stoctave to exploit all rights in the Contribution through the world in the media and to add the Images to its database, without any compensation to you.
In submitting, uploading or otherwise making pictures available to the website you irrevocably waive, abandon, and surrender your copyrights in and to the pictures. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST NOT, AND YOU ARE NOT PERMITTED TO, UPLOAD ANY PICTURES TO THE WEBSITE.
When using the Website, you agree to comply with all applicable laws of the nation, the country, state, province and city in which you are present while using the Website.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Website or Pictures or to review or edit any Pictures, but has the right to do so for the purpose of operating the Website, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Pictures that the Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Website.
For greater certainty, the provisions of this Section shall also apply to use of the Stoctave API.
4. Restrictions and Copyright Policy
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors.
5. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Website, you may contact our Designated Agent at the following address:
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of those materials on the Website is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
6. Restrictions and Copyright Policy
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors.
7. Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website (collectively “Feedback”). You are not required to provide any Feedback to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback and agree that the Company may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Website are trademarks of the Company or third parties, and no right or license is granted to use them.
8. Stoctave API
Users may access their account data via an Stoctave API. Any use of the Stoctave API, including use of the Stoctave API through a third-party product that accesses the Website, is bound by the provisions of this Agreement. All of the provisions governing the Website herein shall also govern the Stoctave API.
Abuse or excessively frequent requests to the Company or Website via the Stoctave API may result in the temporary or permanent suspension of your account’s across to the Stoctave API. .The Company, in its sole discretion, will determine abuse or excessive usage of the Stoctave API. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Stoctave API (or any part thereof).
Your use of the Stoctave APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Stoctave APIs including, but not limited to, any damage to your computer system, our system or loss of data.
The Stoctave API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Spain, and any other countries. The Company’s rights apply to the Stoctave API and all output and executables of the Stoctave API, excluding any software components developed by you which do not themselves incorporate the Stoctave API or any output or executables of the Stoctave API. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Agreement. The Company owns all rights, title, and interest in and to the Stoctave API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by the Company, including (but not limited to) the Stoctave API, but you are granted the rights of access and use in accordance with the provisions herein.
The Company reserves the right to charge fees for future use of or access to the Stoctave API.
9. Third Party Interactions
The website may contain links to third party websites which are controlled and operated by companies or individuals. The company is not responsible for the content, or purchases, of any linked site or any link contained in the linked site. The inclusion of any link does not imply endorsement by the company. Should you decide to access any links to linked sites you do so at your own risk.
The Company may rely on third party advertising and marketing supplied through the Website and other mechanisms to subsidize the Website. By agreeing to these terms and conditions, you agree to receive such advertising and marketing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Website.
By entering into this Agreement and using the Website, you agree that you shall defend, indemnify and hold the Company, its licensors, and each of their parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Website, except in each case solely to the extent any of the foregoing arises directly from the gross negligence or willful misconduct of the Company.
11. Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE WEBSITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF THE WEBSITE, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE WEBSITE, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE WEBSITE. THE COMPANY DOES NOT VERIFY THE OWNERSHIP OR INTELLECTUAL PROPERTY RIGHTS OF THE PICTURES, NOR HOW ANY USER MAKES USE OF THE PICTURES, AND SHALL HAVE NO LIABILITY RELATING THERETO. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, THE PICTURES AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Internet Delays
THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF WHATSOEVER NATURE RESULTING FROM SUCH PROBLEMS.
13. Limitation of Liability
IN NO EVENT SHALL THE COMPANY’S OR ITS LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR WITH RESPECT TO THE PICTURES EXCEED THE AMOUNT OF FIFTY DOLLARS (50$). IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THE PICTURES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR WITHIN THE WEBSITE, AND INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY RESULTING FROM YOUR USE OF THE STOCTAVE API OR THIRD-PARTY PRODUCTS THAT ACCESS DATA VIA THE API. THE FOREGOING EXCLUSIONS SHALL APPLY EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE WEBSITE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USERS OR PICTURES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY AND ITS LICENSORS, TO THE MAXIMUM EXTENT ALLOWANCE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM THE PICTURES INTRODUCED TO YOU BY THE WEBSITE.
YOU UNDERSTAND THAT BY USING THE WEBSITE, YOU MAY BE EXPOSED TO PICTURES THAT IS POTENTIALLY OFFENSIVE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Company may give notice by means of email to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email to firstname.lastname@example.org). You may give notice, and address any complaint or claim to the Company (such notice, complaint or claim shall be deemed given when received by the Company) within office hours (namely Monday to Friday from 9am-5pm). Notice received outside these hours will be deemed served the following day.
You may not assign, or transfer any of your rights under these terms and conditions to any person, whether in whole or part. We may transfer, in whole or part, our rights under these terms and conditions where we reasonably believe your rights will not be affected.
16. Controlling Law and Jurisdiction
These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreement that might have taken place in relation to the terms and conditions.
If a Court, or competent authority, finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
Any dispute arising out of or in connection with this agreement and the use of the website, including any question regarding its existence, validity or termination, shall be determined by arbitration, save in a Small Claims case action, in Valls. This contract is governed by Spanish law.
You agree that the Company, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have with the Company or your use of the Website. . The Company may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you. These remedies are in addition to any other remedies Company may have at law or in equity.
You may terminate this Agreement at any time by ceasing all use of the Website and requesting the Company to cancel your account (if any) via email sent to email@example.com.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Website. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
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