Terms of Use

1. Acceptance of Terms

1.1. You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Stockk may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2. Stockk may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of Stockk.net to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

2. Intellectual Property; Limited License to Users

2.1. Subject to your compliance with these Terms of Use, any applicable license agreement with Stockk, and the law, you may access and use the Site. Stockk remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Stockk may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Stockk’s sole discretion. Stockk provides the Site on an “as is” and “as available” basis.

2.2. All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the “Stockk Content”), as well as the selection and arrangement of the Stockk Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Stockk Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Stockk, Stockk does not grant any express or implied permission to use the Site or any Stockk Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Stockk Content. In addition, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Site or Stockk Content.

2.3. Unless you enter into a license agreement with Stockk you may not download, distribute, display and/or copy any Stockk Content.

2.4. You may not remove any watermarks or copyright notices contained in the Stockk Content.

3 – Stockk Trademarks

3.1. For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Stockk.

3.2. Nothing contained herein grants or shall be construed to grant you any rights to use any Stockk Trademark, unless expressly conferred by these Terms of Use.

3.3. You agree that you will not use Stockk’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Stockk.

3.4. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Stockk Trademarks or the Trademark rights claimed by Stockk.

3.5. You agree that you will not use any Stockk Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

3.6. You may not at any time, adopt or use, without Stockk’s prior written consent any word or mark which is similar to or likely to be confused with Stockk’s Trademarks.

3.7. The look and feel of the Stockk website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Stockk and may not be copied, imitated or used, in whole or in part, without the prior written consent of Stockk.

3.8. All other trademarks, product names, and company names or logos used or appearing on the Stockk website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Stockk, unless expressly so stated.

3.9. You may not use a Stockk trademark, logo, Image, or other proprietary graphics of Stockk to link to the Stockk website without the prior written consent of Stockk.

3.10. You may not frame or hotlink to the Stockk website or any image without the prior written consent of Stockk.

4 – Information You Provide

4.1. Stockk (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Stockk subject to your agreement with the applicable third-party platform. Stockk’s collection and use of all such information shall at all times conform to this Terms of Use, the Stockk Privacy Policy, and applicable law.

4.2. Stockk will use and protect your personal information, such as your name and address, in accordance with the Stockk Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.

5. Your Content

5.1. For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) Stockk will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.

5.2. By uploading Your Content, you grant Stockk a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

5.3. You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

  • Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
  • Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
  • Exploits minors;
  • Depicts unlawful or violent acts;
  • Depicts animal cruelty or violence towards animals;
  • Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
  • Violates any law, statute, or regulation.

5.4. You may not use any Stockk Content for any purpose without first obtaining a license to use such Stockk Content. Any use of Stockk Content by you shall be governed by the applicable license agreement separately entered into between you and Stockk. Displaying and/or distributing to the public any watermarked or unlicensed Stockk Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

6. Limitations

6.1. You agree that you shall not:

  • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Stockk or any third party.
  • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
  • Violate the rights of Stockk or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

7. Restriction and Termination of Use

7.1. Stockk may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Stockk Content at any time in Stockk’s discretion, without prior notice or liability to you. Any conduct by you that, in Stockk’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

8. Links to Third Party Sites

8.1. In the event that the Site is available through any third-party platform, or if Stockk provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Stockk makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Stockk, and Stockk provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Stockk.

9. Warranties and Disclaimers

9.1. Your use of the Site is at your own risk. The Site is provided by Stockk under these terms of use “as is” without warranty of any kind, either express, implied, statutory, or otherwise. Stockk expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Stockk makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Stockk makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Stockk will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

10. Indemnification

10.1. You agree to defend, indemnify and hold harmless Stockk, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Stockk Content, or your violation of any rights of another.