tos

the fine print

Terms of Service

Kate Maxwell Photography retains original copyright.

Payment Plan and Annual Plan 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, 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.

Shop purchasers receive 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.

In addition, 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.

These terms govern your use of the images, tutorials and other services purchased from or found on KateMaxStock (collectively, the “Services”). By using the Services, you agree to these terms.

 

Last updated June 6, 2018. Replaces the prior version in its entirety.

1. How this Agreement Works.

1.1 Choice of Law. Your relationship is with KateMaxStock, and the Services are governed by the law of Utah, U.S.A. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited by law.

1.2 Eligibility. You may only use the Services if you are allowed by law to enter into a binding contract.

1.3 Privacy. As part of your use of the Services on KateMaxStock you may have provided some personal information. All personal information will be kept secure and will not be shared with third parties (except employees or contractors of KateMaxStock). This provision does not extend to information shared by you on public forums or social media.

1.4 Availability. Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in your country, or that all content available via the Services is legal in your country. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.

1.5 Modification. We may modify, update, or discontinue the Services (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change.

2. Use of Service.

2.1 License. Subject to your compliance with these terms and the law, you may access and use the Services.

2.2 Intellectual Property. KateMaxStock remains the sole owner of all right, title, and interest in the Services. We reserve all rights not granted under these terms.

2.5 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.

3. Membership Information.

You are responsible for all activity that occurs via your membership. Please notify KateMaxStock immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with a KateMaxStock employee or contractor) or (b) use another person’s account. A KateMaxStock employee or contractor may use your account information to manage your use and access to the Services.

4. User Conduct.

4.1 Responsible Use. KateMaxStock communities often consist of those who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.

4.2 Misuse. You must not misuse the Services, or content that we provide to you as part of the Services. For example, you must not:

(a) copy, host, stream, sublicense, or resell the Services, Software, or content;

(b) enable or allow others to use the Service, Software, or content using your account information;

(c) use the content or Software included in the Services to construct any kind of database;

(d) access or attempt to access the Services by any means other than the interface we provided or authorized;

(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services;

(f) share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);

(g) upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;

(h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(i) attempt to disable, impair, or destroy the Services, software, or hardware;

(j) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),

(k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;

(l) place advertisement of any products or services in the Services except with our prior written approval;

(m) use any data mining or similar data gathering and extraction methods in connection with the Services; or

(n) violate applicable law.

5. Fees and Payment.

5.1 Taxes and Third-Party Fees. You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). We are

not responsible for these fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.

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

6. Your Warranty and Indemnification Obligations.

6.1 Indemnification. You will indemnify KateMaxStock and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services, or your violation of these terms.

7. Disclaimers of Warranties.

7.1 Unless stated otherwise, the Services are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services will be effective, accurate, or reliable; (c) the quality of the Services will meet your expectations; or that (d) any errors or defects in the Services will be corrected.

7.2 We specifically disclaim any liability for any actions resulting from your use of any Services. You may use and access the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service.

8. Limitation of Liability.

8.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.

8.2 Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Service during the four- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.

8.3 The limitations and exclusions in this Section 8 apply to the maximum extent permitted by law.

9. Termination.

9.1 Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

9.2 Termination by Us. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provided to us. Unless stated otherwise, we may, at any time, terminate your right to use and access the Services if:

(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);

(b) you fail to make the timely payment of fees for the Services, if any;

(c) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

(d) we elect to discontinue the Services, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law).

9.3 Survival. Upon expiration or termination of these terms, any memberships you have been granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive.

10. Disclosure.

We may access or disclose information about you, or your use of the Services, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.

11. Export Control Laws.

The Services, content, and your use of the Services, and content, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services, and content. You agree to comply with all the laws, restrictions, and regulations.

12. Dispute Resolution.

12.1 Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or KateMaxStock must resolve any claims relating to these terms, or the Services, through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.

12.2 Rules. If you reside in the Americas, JAMS will administrate the arbitration in Santa Clara County, California pursuant to its Comprehensive Arbitration Rules and Procedures. There will be one arbitrator that you and KateMaxStock both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties.

12.3 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

12.4 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

13. Modification.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Services. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised terms.

14. Miscellaneous.

14.1 English Version. The English version of these terms will be the version used when interpreting or construing these terms.

14.2 Notice to KateMaxStock. You may send the notices to us to at the following address: KateMaxStock, 1752 Pirgos Lane, South Jordan, Utah 84095, Attention: General Counsel.

14.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.

14.4 Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements between you and us relating to the Services.

14.5 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.

14.6 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

14.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.

 

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