tos

the fine print

Terms and Conditions of Use

Updated June 7, 2018

Welcome to KateMaxStock.com, as operated by Kate Max Stock, LLC. These are our rules if you want to use our website and the services or products available from our website. If you do not agree to these rules, you cannot use our site. We can change these rules whenever we want and will post the new rules on our site, whether you notice them or not. We have intentionally written them in a way that avoids legalese so that everyone can clearly understand and agree to the rules and understand their rights and responsibilities.

We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products.

1.0 Site Services

We agree to provide you with stock image services, or the “Service” through KateMaxStock.com. In exchange for providing this service, we require you to follow these rules:

  • You must be at least 13 years old to use the Site, or if you are a resident of the EU, you must be at least 16 years old. Don’t lie about your age. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf.
  • Don’t use the Site to do anything illegal or break the rules in our terms of use, including activity that violates our licensing terms.
  • Don’t change anything about our website or applications, upload any type of virus or malware, or do anything that might interfere with the way the Site or its services works.
  • Don’t do anything that might affect how other people use and enjoy the Site. Be a good neighbor.
  • Don’t encourage anyone to break these rules.
  • Use your common sense, and be a good human.
  • Don’t share your account information with anyone unless they work for you or for us.  Don’t use another person’s account. An authorized KateMaxStock employee or contractor may use your account information to manage your use and access to the Services if you are having issues.

 

2.0 Your Rights

2.1 You have the right to feel safe using Site.

2.2 You have the right to your privacy on Site. Please refer to our Privacy Policy for details.

2.4 If you are a resident of the EU, you have the right to be forgotten and can delete your membership account and any related content by logging in and completing a delete request. It may take a few days to process and may be visible by others in the meantime. We may also keep your registration information for as long as we need to do to run our business and to follow these rules.

2.5 You are responsible for anything you do on Site under your login, including things you purchase.

3.0 Our Rights

3.1 We are not responsible for the following: links to other companies or websites, even when the link shows up in Site; the data cost on your mobile device for using Site or its services.

3.2 We can modify, update, or end the Site and all or parts of its services at any time or stop you from using Site at any time for any reason without letting you know beforehand. However, we will make reasonable efforts to notify you before we make changes that would materially affect our membership plan services.

4.0 Intellectual Property Rights and Licenses

All images, text, designs, graphics, trademarks and service marks are owned by and property of  Kate Max Stock, LLC. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Site is illegal and may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. Do not try to use our stuff, remove it, change it, or claim to be us without written permission.

4.1 License. Subject to your compliance with these terms and the law, you may access and use the Services and the Content Files. Please read through the licensing terms BEFORE you make a purchase to make sure you can use the image in a way that complies with the licensing terms.

 

4.2.  Content Files. “Content Files” means KateMaxStock-provided stock image files. Unless the documentation or specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you must not claim any trademark rights in the Content Files or derivative works of the Content Files. Lowdown: You cannot use our images to set up your own stock photo website or service, whether or not you are charging for it.

 

4.3. Annual Plan Membership. Membership purchasers receive personal and single-business commercial use rights to KateMaxStock images and may use downloaded KateMaxStock images an unlimited number of times online or in print during the license term, but may not transfer or sell them in any form to any third party. The license to use any file purchased and downloaded from KateMaxStock Member Library expires when paid subscription expires. After the membership plans expires, the license to use the images expires and users cannot post or print the images in any new works. Images that were posted or published during the valid licensing term may remain and do not have to be archived or deleted.

 

4.4. Single-image Purchases. Shop purchasers receive a limited license for single-business commercial and personal use rights and may use the image an unlimited number of times online or in print, but may not transfer or sell them in any form to any third party. The license to use any file individually purchased and downloaded from KateMaxStock Shop never expires.

 

4.5. No Merchandise Rights. All purchasers agree that you may not create products for resale where the main value of the product is the image itself. For example, you can’t use KateMaxStock images to create a poster, t-shirt, or coffee mug that someone would buy specifically or primarily because of the unimproved KateMaxStock image printed on it.

 

4.6. Credit. Purchasers do not have to give credit, but can by tagging @katemaxstock.

 

5.0 This Agreement

5.1 If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win.

5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid.

5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement.

5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement.

5.5 No one else besides you and us (no third parties) have rights under this agreement.

5.6 You cannot give these rights or obligations to someone else without our consent. We can give our rights and obligations to someone else, however, like if we change ownership by selling part or all of our business, or if we need to for legal reasons.

6.0. Advertising, Affiliates and Testimonials

This site may use advertising or  affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed ads or affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. Any testimonials reflect the accurate experience of the person quoted, however, your results with any particular product or service may vary.

7.0 Fee, Refunds & Payments

We like to have fun, but we take our business seriously. We’d appreciate your careful consideration of the service and products available on the site, and we advise you to make your purchases carefully.

7.1. Recurring Payments. Your KateMaxStock membership is managed through PayPal or Square recurring payments. If your payment information changes and you do not notify us of updates to your payment method, or update your PayPal or Square account, you may experience an interruption of your service and forfeit the terms of your initial subscription rate.

7.2. Due to the nature of our digital products, we do not offer refunds or exchanges. However, please reach out to us if you are not happy with the services or images and we will see what we can do.

8.0  Limits on Liability

8.1 Site operates as is, and we can’t guarantee it will be safe and secure or will work perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to find reliable vendors to help us operate the Site and its services. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. You should read and agree to their rules and terms.

8.2 We cannot predict when issues might arise with our service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. We are not responsible for lost profits, data or any kind of damages  connected to you using the Site. The total limit on our liability to you under these Terms is the greater of: $100 or the amount you have paid us in the past four months.

8.3 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent.

8.4 Nothing on the site, or offered through its services or products, is intended to diagnose or treat any physical or mental illness. No information on the site is intended to be legal, medical, or financial advice and is for educational purposes only, unless clearly marked otherwise.

9.0 How We Will Handle Disputes

9.1 We hope there won’t be any problems and that you will reach out to us if you are having issues with our service. But, if you have a legal problem with Site, you agree to use binding arbitration under the AAA, which means you will not get go to court by yourself or with others or be part of a class-action lawsuit or arbitration. We and you waive a trial by jury. The following claims don’t have to be arbitrated and may be brought to court: small claims, intellectual property disputes (like copyrights and trademarks), or efforts to interfere with the services or engage with the service in unauthorized ways. A court can also decide issues about the scope and enforceability of these arbitration provisions.

9.2 For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the District of  Utah or a state court located in Utah. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

9.3 The laws of the State of Utah , to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

9.4 We appreciate feedback, but we may use any of your comments without any obligation to pay you and do not have to keep them confidential. For questions about this policy, you can email us at hello@katemaxstock.com.

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