Terms and Conditions of use for this web site

 

This web site is a member of the ProFile Stock Network. Profile Stock Member Sites are independently managed by individual Contributing Members with hosted application services and transaction processing provided by ProFile Stock.

 

Before using this or any member site you must agree to the following user agreement. This User Agreement, and all of the applicable documents referred to in these terms and conditions (collectively, the "Agreement"), is a legal agreement between you ("User") and Genesis Design. Inc., DBA ProFile Stock (ÒProFile StockÓ ÒweÓ or ÒourÓ) and itÕs Contributing Members.

 

By selecting the "I Agree" box and or accessing or using any part of this Site, including Member Sites, User agrees that User has read, understands, and agrees to be bound by this Agreement and will comply with all of the terms and conditions of this Agreement. If User does not agree to be bound by this Agreement, User is not permitted to access or use any part of this Site or the services provided. If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. Profile Stock reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

 

1.    Definitions

1.1."Buyer" means a Profile Stock Member who licenses Content from the Site.

 

1.2."Contributing Member" means a Member who designs, creates, markets or sells Content using the Service and that holds, or acts as the exclusive agent for the holder of the copyright(s) for such Content.

 

1.3."Member Site" means a site created and maintained on the Service by a Contributing Member.

 

1.4.ÒSite OwnerÓ means a Contributing Member who makes Content available for sale on their Member Site and/or through the Network.

 

1.5."E-Commerce" means the process through which licenses to Content are sold and purchased through the Service.

 

1.6."Content" means any element designed, created, marketed or sold using the Site, including but not limited to, illustrations, photographs, animation, video, fine art, fonts, graphics, or any other visual representation, including all accompanying metadata and other material.

 

1.7."Comp" means the temporary use of Content for evaluation purposes in rough drafts or layouts solely for client or internal company review, but in no event for use in any materials accessible by the public or in any final product.

 

1.8."Network" means any and all Member Sites created and maintained on the Service which are accessible to Buyers through a centralized search on Member Sites and the Profile Stock site.

 

1.9."Service" means all of the hosted web-based application services that Profile Stock offers.

 

2.    Ownership of this Web Site

This website is owned and operated by ProFile Stock. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Profile Stock, its licensors and its content providers.

 

3.    Protection of Intellectual Property


All elements of ProFile Stock's web site and Member Sites, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress and other United States or other international treaties relating to intellectual property. Except as explicitly permitted under this or another agreement with Profile Stock, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Profile Stock or its licensors unless otherwise expressly agreed.

 

4.    Permitted Usage

4.1.Use of Images, other than watermarked images, is only permitted once you have entered into a license agreement and paid the relevant fee. Watermarked images may only be used for internal "comps" and layouts. In no event shall a Comp Image be used in any material or display accessible by the public or in any final product. Except for this limited, internal testing and sample use, ProFile Stock grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked images.

 

4.2.ProFile Stock may issue high resolution images for "comps" or layout purposes only after a separate agreement is entered into.

 

5.    Prohibited Usage

5.1.User may not sublicense, re-license, or lease any Content; copy or publish any Content to a network or bulletin board; or otherwise distribute or allow any Content to be distributed or used by anyone other than authorized Users, without prior written consent of Contributing Member.

 

5.2.User may not use any Content for any form of pornography, in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner whether directly or in context or juxtaposition with specific subject matter.

 

5.3.User may not use Content in a way that implies endorsement of a product or service unless you determine that any required releases have been secured for all recognizable individuals and private property depicted in the Image.

 

5.4.User may not ship, transfer, or export any Content into any country or use any Content in any manner prohibited by any export laws, restrictions, or regulations.

6.    Credit

As a condition of the license Contributing Member requests that a credit reading "©artist's Name/profilestock.com" appear with Content used editorially. Credit notice should appear adjacent to the Content or on an obvious credits page or screen. Missing and/or incomplete credits are susceptible to additional charges.

 

7.    Model and Property Releases

7.1.Profile Stock gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Image. IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED. You specifically indemnify Profile Stock, their employees, assigns, advertisers and contributors in any lawsuit that is a result of your usage of any Image.

 

7.2.Profile Stock gives no representations or warranties whatsoever as to the existence of any Release associated with the Image.

 

8.    Unauthorized Use

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek all damages and remedies available, including attorney's fees and all associated costs.

 

9.    Privacy Policy

Profile Stock is committed to protecting your privacy. This privacy policy tells you about our online collection and use of data. The terms of this policy apply to all this and all ProFile Stock Member Sites, unless different terms are specified in a form or contract provided to you online or offline.

9.1.Use of Your Personal Information
In order to fulfill licensing transactions or provide service to you as a customer of Profile Stock, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to Profile Stock, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to ProFile Stock and any necessary payment processors. Because of the nature of the internet, such data may pass through any country.

 

9.2.Email
If you authorize us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We do not share any information you provide to us, including your email and mail addresses, with any companies outside Profile Stock, its affiliates or necessary payment processors. Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your profile at anytime thereafter. We will not send you information if you inform us you do not wish to receive such materials.

If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information in the update profile section of this website.

 

9.3.Cookies
When you visit a Profile Stock web site, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.

Cookies enable our website to recognize the information you have consented to give to our website and will allow you to retrieve previous image search results, access lightboxes, and view previous purchases.

We do NOT use cookies to examine your surfing behavior before or after leaving a Profile Stock website.

 

If at any time you believe that Profile Stock has not followed the above policy, or if you would like your information to be removed from our system, please contact us at service@profilestock.com We will make reasonable efforts to identify and correct any problem.

 

10.User Conduct
User may not use the Service or the Site to engage in, promote, facilitate, or encourage any illegal activities or any activities that may violate the rights of others, including without limitation the harassment of any third parties. User may not attempt to damage, disable, overburden, gain unauthorized access to, or otherwise interfere with the Service or the Site or any system, service, or network accessible through the Service or Site, including without limitation, deliberate attempts to overload a system. User may not gather or collect email addresses or other contact information of Members through the Site or Service for the purpose of sending unsolicited emails or other unsolicited communications or use automated scripts to collect information about the Site or Service or for any other purpose.

 

11.Representations and Warranties
Each party represents and warrants to the other party (i) that it is of legal age and capacity, and has the full power and authority to enter into and perform under this Agreement; (ii) the execution and performance of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules; (iii) this Agreement is a legal, valid, and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions; and (iv) that each party owns or has the legal right to display all Content posted by the party on the Site.

12.Disclaimers

12.1.    THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND Profile Stock EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Profile Stock, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

 

12.2.    Profile Stock MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Profile Stock NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR SHALL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE.

 

12.3.    Except as specifically stated in these Terms and Conditions of Use, Licensing Agreement, and the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither Profile Stock nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

 

12.4.    Profile Stock uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

 

12.5.    There may be links to other websites from a Profile Stock web site; however, these other web sites are not controlled by Profile Stock and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Profile Stock regarding the inclusion of links to outside websites or your use of those websites.

12.6.    Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

13.Indemnification
You agree to indemnify and hold Profile Stock, its officers, director, employees, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of any Content or any breach of this agreement.

14.Miscellaneous

14.1.  No failure or delay by a party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any other right, power, or privilege under this Agreement. This Agreement may not be modified except as expressly provided within the Agreement.

 

14.2.  User and Profile Stock are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement.

14.3.  The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.

15.        Jurisdiction
This Agreement will be governed by the laws of the State of Idaho. Any action or proceeding to enforce this Agreement will be brought in the federal or state courts located in Idaho or may be submitted to arbitration in compliance with the commercial rules of the American Arbitration Association.