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Terms & Conditions

Updated: September 2, 2020

 

Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ ​culturestock.com by Culture Stock Photography, LLC

 

NOTICE:​ ​These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use​ ​or​ ​access​ ​of​ ​any​ ​of​ ​our​ ​products or services,​ ​including​ ​the Culture Stock membership.

 

This website is owned and operated by Culture Stock Photography, LLC, a Georgia company located at [BUSINESS ADDRESS/ADDRESS ON FILE WITH THE SOS]. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

 

USE AND CONSENT.

When You became a member, you were given a reasonable notice that these Terms and Conditions of Use existed. Company provides Stock Photography Membership (herein referred to as the “Product”). By moving forward with your purchase of the Product and further access of the Product you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

 

You agree you are at least 18 years old or of age in your applicable jurisdiction to access the Product. Access of our Product and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered. We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Product to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Culture Stock. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

REFUNDS

 

We appreciate your investment to Culture Stock. Due to the digital nature of the Product, and because instant access is granted as soon as the membership is activated, no refunds are offered on memberships or Product. Memberships may be canceled at any time. To avoid renewal charges, members must cancel their accounts prior to the automatic renewal date. NO REFUNDS will be issued if members forget to cancel prior to the renewal date. There will be no refunds or credits for partial months of service, membership package change refunds, or refunds for months unused with an open account. The member account will remain active until the end of the subscription term and all images downloaded while the membership was active may still be used. In order to treat everyone equally, no exceptions will be made.

 

RECURRING​ ​PAYMENTS.

​If you have signed up for a recurring membership plan, You hereby authorize our continued access to your financial information stored by our third party financial processing company until your membership is cancelled, as set forth in Your acceptance of the purchase terms upon checkout.

 

All monthly, quarterly and annual plans are auto-billed on a recurring basis according to your payment schedule. Refunds will NOT be given in the event that you do not cancel your membership prior to your renewal date. If you would like to prevent future membership payments, you may cancel your current membership plan at any time.  You will continue to have membership access until the end of your current plan, but you will not be billed at the end of the term.

 

Should the payment method you provide be declined in for subsequent payments, we will attempt to process the payment within 5 business days. If the payment method continues to be declined and an alternate payment method is not arranged, your membership will be terminated effective immediately.

 

LIMITED​ ​LICENSE. ​ Any and all materials, paid or free, that you access on this or any related domains that contain our Product are under the sole ownership or licensed use of Culture Stock Photography, LLC and Culture Stock Photography, LLC has the rights to license and reproduce, display, sublicense, sell, market, or otherwise distribute all such Content found on the website in stock photography format. The terms of your Limited License are detailed in the Photo Usage Agreement. You may never claim any of our intellectual property as your own or your unique creation, even with attribution credit. 

 

CIVIL AND CRIMINAL PENALTIES. 

Even though our Product is not a tangible product, , it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Georgia by opting into or purchasing any Product or accessing its related communications and/or materials.

 

PRODUCT DOWNLOAD

Downloads from our servers are closely monitored to ensure you are able to successfully access our products. While we are flexible and allow you to complete a reasonable number of downloads we will not tolerate download abuse. We reserve the right to terminate your access to our download servers if we suspect any kind of abuse.

 

If Purchaser is unable to complete a download after having reviewed the online help resources, Purchaser shall contact Culture Stock’s customer service for assistance at [Support website].  Purchaser bears all risk of loss after purchasing including any loss of the downloads as a result of downloading, or loss due to a computer or hard drive crash.

 

Culture Stock may, from time to time, remove downloads from the website without notice.

SECURITY

It is Your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Paypal. By utilizing these payment processors to gain access to the Product, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

 

WARRANTIES​ ​DISCLAIMER

​WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

 

TECHNOLOGY​ ​DISCLAIMER

​We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Product(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as PayPal.

 

ERRORS​ ​AND​ ​OMISSIONS

​We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Product(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Product(s) or related material(s).

 

INDEMNIFICATION

​​​You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ our​​ Company, ​​as well​ ​as​ ​any​ ​of​ ​our​ ​affiliates,​ ​agents,​ ​contractors,​ ​officers,​ ​directors,​ ​shareholders, employees,​ ​joint​ ​venture​ ​partners,​ ​successors,​ ​transferees,​ ​assignees,​ ​and​ ​licensees,​ ​as applicable,​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ ​liabilities, costs​ ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ ​our Product(s)​.

 

LIMITATION​ ​OF​ ​LIABILITY

​​​Company’s liability for any reason shall be no more than the total purchase price of the Product purchased. We​ ​do​ ​not​ ​assume​ ​liability​ ​for​ ​any​ ​third​ ​party​ ​conduct,​ ​accidents,​ ​delays,​ ​harm or​ ​other​ ​detrimental​ ​or​ ​negative​ ​outcomes​ ​as​ ​a​ ​result​ ​of​ ​Your​ ​access​ ​of​ ​our​ ​Product(s) and​ ​related​ ​material(s).

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

 

TRADEMARKS

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent.  All other trademarks and service marks not owned by Shantel Escobar, Culture Stock, or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

 

 

TERMINATION

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

 

You have the unilateral right to terminate your use and access to any of Our Product). You may cancel your membership at any time, subject to the refund terms or email us at [support email address] to process your cancellation.

 

DISPUTE​ ​RESOLUTION

​If You and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

 

NON-DISPARAGEMENT

​If you are found to be slandering, libeling or otherwise disparaging our Company, Product(s) or related materials at our discretion, You will be immediately removed from the Product(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our Company.

 

ENTIRE AGREEMENT

Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy.  If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

 

SEVERABILITY

If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

 

LAW AND JURISDICTION

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Georgia, United States.

 

CONSENT

By using our website, you hereby consent to our Terms and Conditions of Use.

If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at .

 

 

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company.

 

CONTACT

​If you have any questions about any term of these Terms of Use, please contact us at capturedbyshantel@gmail.com. Thank you.

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