Terms of Use Agreement

The Terms of Use Agreement (the "Terms" or this "Agreement") governs your access, use, as well as your activities on the www.ClipStock.com website (together with its subsidiary websites, collectively, the "Website"), which is owned and operated by ClipStock, LLC (the "Company").

Enterprise Account (Public TV Participants)

(6) Month Free-Trial - These accounts have been created exclusively for the participants of the Public Television Educational series. Selected participants are required to provide a valid Credit Card or ACH information to activate the Free-Trial membership and receive the necessary licensing rights. Participants must maintain an active account during the production process in order to use the Stock Footage, Music, and SFX for their Public Television project. ClipStock reserves the right to authenticate your payment account is active by charging a one-time small amount ($1), which will be refunded, once verified. Participants must notify ClipStock in writing in order to cancel their account (this can only be done once the production process has been completed). ClipStock will NOT charge the Annual Membership Fee until the conclusion of the six (6) month Free-Trial. For more information, please see the associated pricing on the Enterprise Sign Up page.

Before accessing or using the Website, please review these Terms thoroughly. These Terms limit ClipStock’s liability and may substantively affect your rights. By accessing or using any portions of the Website, you accept and agree that (1) you will be bound by these Terms, (2) if you are accessing or using the Website on behalf of your employer or another person or entity, you represent and warrant that you have full legal authority to bind such employer or other person or entity, and (3) you are of legal age enter into this binding Agreement and to agree to these Terms. If you do not have the aforementioned authority or if you do not agree with the Terms of Use Agreement, then you must not access or use the Website. If you access or use the Website, you hereby agree to these Terms and are bound thereby.

This Website is offered and available to users who are of legal age and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company by agreeing to these Terms of Use and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

ClipStock may change these Terms and the guidelines, policies, restrictions and agreements on the Website at any time and from time to time without notice in our sole discretion. All changes are effectively immediately when we post them and apply to all access to and use of the Website thereafter. You are cautioned to review these Terms and the guidelines, policies, restrictions and agreements posted on the Website periodically. Your continued access to or use of the Website after any such changes are posted will constitute your acceptance of and agreement to the changes. The date this Agreement was last revised is identified at the top of the page. If we make any material changes to your personal rights, we will notify you via email to the email address on file or through a notice on the Website home page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Agreement to check for any changes. All access to and use of the Website, provision of information in or through the Website and/or your agreement to these terms will be deemed to take place in the United States, and your provision of personal and other information in or through the Website will be directly to ClipStock, LLC in the United States.

By using this Website, you also agree to our Privacy and Cookies Policy, linked here: https://www.clipstock.com/privacy-policy, incorporated herein by reference.

Your access to the Website and the Company’s services is dependent upon your reasonable use of the Website and services in compliance with these Terms of Use. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy and Cookies Policy (linked above), and you consent to all actions we take with respect to your information consistent with our Privacy and Cookies Policy.

This is a single seat license authorizing one natural person to license, download and use content. Unless you upgrade to a “Corporate Subscription” or “Agency Subscription” account, no other persons (including employees, co-workers or independent contractors) may access your account or use content licensed through your account.

If you purchase a “Corporate Subscription” or “Agency Subscription”, the right to license, download and use content is limited to the number of uses permitted by that team subscription. ClipStock’s “Agency Subscription” grants access and usage rights to unlimited users among national and international agencies as well as other additional rights.

If you require access and usage rights for more than one natural person, please contact Customer Service (Phone: Inside US 1-833-450-4522 Email: [email protected].) For clarity, if a user is acting in an employment capacity, the employer will be deemed the licensee.

ClipStock Content and Other Materials

ClipStock and its subsidiaries and other corporate affiliates (collectively, "Affiliates" and together with ClipStock, "we", "us" and possessives thereof) offer an on-line marketplace where people may download a variety of works, including, but not limited to, film and video footage, music, sound effects, illustrations, animation, after effects templates, 3D models, media project files and/or other audio, audio-visual, or visual works, whether generated optically, electronically, digitally or by any other means or in any media or other Material (any and all of such works that are uploaded to the Website or otherwise submitted to us, individually and collectively, “Content”) which may be downloaded by and licensed to users, members, registrants and licensees of the Website.

No Content may be submitted to us unless the person or entity doing so (a "Contributor") first agrees to our Contributor Release Agreement, as amended from time to time (the "Contributor Release Agreement"), and any and all Content submitted to us is contributed to us on the terms and subject to the conditions of the Contributor Release Agreement

Unless and until agreeing to these Terms, no Content may be downloaded or otherwise copied from the Website and any and all Content that is downloaded from the Website is subject to and only may be downloaded and used subject to these Terms. Any use of any of the Content or Materials, including any modification, public display or performance, derivative use, exploitation or distribution, without our written permission is strictly prohibited. No copyright and other intellectual property notices or watermark on any Materials shall be deleted or modified.

All Content and other works, content and materials (including the organization and presentation of the foregoing) on the Website (the “Materials”) and copyrights and other intellectual property rights therein and thereto are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. "ClipStock" is a registered trademark and “www.ClipStock.com" is a trademark of ClipStock, LLC. The visual appearance of the Website is protected trade dress of ClipStock under U.S. and other law.

Privacy; Personal Data and Cookies

By using this Website, you also agree to our Privacy and Cookies Policy, linked here: https://www.clipstock.com/privacy-policy, incorporated herein by reference.

We are committed to respecting the privacy of each individual’s personal information with whom we interact. We have developed a Privacy and Cookies Policy to describe our practices and how we collect, use and disclose the personal information of those individuals who visit the Website. Third-party platforms through which you access the Website may collect information related to your use of such third-party platform and make such information available to ClipStock. ClipStock’s collection and use of all such information shall at all times conform to these Terms, the ClipStock Privacy and Cookies Policy, and applicable law. By accessing or using the Website or providing any personal information on the Website or otherwise to us, you are consenting to your personal information being collected, processed, shared and our use of cookies as provided in our Privacy and Cookies Policy. Please see our Privacy and Cookies Policy for further details.

Notice of Content Violation of Privacy or Publicity Rights

If you believe that your privacy or publicity rights (or the privacy rights of a minor of whom you are the parent or legal guardian) are violated by any Content or other Material on the Website, email us at [email protected] and provide notice with the following information:

a description of the Content or Material that you claim violates your (or if acting for a minor, the minor's) privacy or publicity rights or where it is located on the Website.
a description of how the Material violates your (or if acting for a minor, the minor's) privacy or publicity rights;
your name, along with your address, telephone number and email address (and if acting for a minor, the minor's); and
a statement by you that you have a good faith belief that the disputed use has not been authorized and violates your (or if acting for a minor, the minor's) privacy or publicity rights and a representation that the information in the notice is true and correct.

Website Usage Restrictions

You hereby acknowledge that you will access and use the ClipStock Website for lawful purposes only and only in accordance with these Terms and the guidelines, policies, restrictions and agreements on the Website.

You will not do any of the following or assist your employer or anyone else to, on or through the website:

use any ClipStock video, images, music or any Content or Content Information for any projects and/or purposes whatsoever that is illegal, immoral, pornographic, offensive, threatening, abusive, indecent, defamatory, harassing or menacing, or that promotes hatred or violence towards, or directly attack or threaten or make ad hominin attacks or cruelty towards animals or on any person or group, based on race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, age, disability, marital status, or veteran status.;
advertise any product or service, whether or not such advertising is in the form of unrequested bulk commercial email;
conduct any fraudulent, criminal offense or other unlawful activity;
solicit any Website contributor, customer or user, whether or not such solicitation is on an individual or bulk basis;
conduct any activity with ClipStock content which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam";
resell or make commercial use of the Website, any part thereof or any Material thereon, except as permitted by the License Agreement and these Terms;
collect or use of any Content descriptions or information or prices, except (i) to view and evaluate for purchase of a membership under the License Agreement or (ii) as permitted by these Terms and License Agreement as related to Content downloaded thereunder;
download or copy any member, user, registrant or Content information for the benefit of yourself or any person, merchant or website except as necessary to facilitate use of Content downloaded from the Website pursuant to the License Agreement or rights thereto granted therein;
use any data mining, robots or similar data gathering and extraction tools on or at the Website or use any other automated means to access the Website;
abuse the Website’s content resources via robot scraping, or excessive manual downloading ( limited to 100 per calendar day without a proper Corporate or Agency plan );
frame or use framing techniques to enclose the Website or any part thereof or any Content or any trademark, logo, or other proprietary information (including images, text or page layout) of ClipStock or the Website without our express written consent;
use any meta tags or any other "hidden text" utilizing any of our names or trademarks without our express written consent;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our servers or other infrastructure or use the Website in any way that causes, or is likely to cause, the Website or access to or use of it to be interrupted, damaged or impaired in any way, including uploading, linking to, or distributing any Content or Content Information or communication that is intended to damage or disrupt the Website, or other user’s device or computer, or that is intended to compromise the privacy or account security of another user;
post or provide to us any other user’s private or personal information (such as phone numbers, addresses, or financial information etc.), or any photos or videos of another person.
use any ClipStock Content or Content Information for projects that promote or endorse regulated goods and services such as alcohol, gambling, tobacco, firearms/weapons, pharmaceuticals, or other goods and services regulated in the United States and other countries in which the Website is available; or
exploit for any commercial purpose, without our express written consent, the Website or any part thereof except as necessary to utilize rights to downloaded Content pursuant to the License Agreement or to upload any Content pursuant to the Contributor Release Agreement.
portray any person depicted in Visual Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
modify Visual Content designated “Editorial Use Only” in a manner that changes the context of what is depicted.
use Visual Content designated “Editorial Use Only” for commercial purposes, including for reference, in any advertising, merchandise or other non-editorial contexts.
resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example, and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, as part thereof.
falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
use any Editorial content in a multi-media production distributed via broadcast, cable network and/or video service (e.g. Netflix, Hulu, Amazon), or in theaters, or in related promotional materials.
use any Editorial content on a publication cover, jacket, or other packaging related to the underlying use.

Use of Contributions Submitted

ClipStock is free to use any comments, information, ideas, concepts, reviews, or techniques or any other Material that you may submit to the Website or otherwise send to us ("Contributions") worldwide and in perpetuity without compensation, acknowledgement or payment to you for any purpose whatsoever including developing, and marketing products and creating, modifying or improving the ClipStock Website and Materials therein. In addition, you agree not to enforce any "moral rights" in and to the Contributions, to the extent permitted by applicable law. ClipStock will have sole ownership of any and all intellectual property rights in and to anything created by or for ClipStock based on any Contributions. Should you provide any Contributions, you do so with the understanding that you are waiving any claim against ClipStock regarding the use of such Contributions, even if Material or an idea is used that is substantially similar to the Material or idea you sent.

User ID and Password

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including, but not limited to: (a) your username, password, or any other information is lost, stolen, or improperly disclosed to a third party; (b) the authority or employment of any person provided with a username and password on your behalf has been or is about to be terminated; (c) the confidentiality of any username or password has been compromised in any way; or (d) you learn about a possible or actual unauthorized access to and/or use of the Website. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms.

Links

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Termination of Use

We may at our sole discretion terminate or limit anyone's access to or use of the Website, any pre-paid credits or subscription, and/or any Licensing Agreement at any time and for any reason without prior notice, including (without limitation):

soliciting any Website contributor, customer or user, or
breaching any other provision of these Terms.

In such event, you agree to immediately (i) stop using the Website and all Content Information and (ii) delete all Content, Content Information, other Materials and all copies thereof from all digital media, files, folders, works and storage devices and destroy all other copies, or, at ClipStock’s request, return all such copies to ClipStock. If we terminate or limit your access to or use of the Website for breach of any agreement or terms or reasonable cause, ClipStock will not be obligated to refund any fees paid by you. Should any Contributor or user whose privileges have been terminated be discovered as a continued use or ClipStock imaging in any way, shape or form, ClipStock reserves the right to pursue any and all legal remedies.

Cancellation of Membership

A member has the right to cancel their membership at any time.

Free Trial Accounts cancelled before the trial period ends will not be billed. Free Trial accounts not cancelled before the trial period ends are charged the annual membership fee.

Free Trial Accounts are for new members only. This includes any and all email addresses owned and/or operated by the same individual.

Memberships billed Monthly may be cancelled at the end of the monthly billing cycle.

ClipStock requires a one-year commitment for Memberships billed at the discounted annual rate. Upon renewal of annual memberships, each member will be given the option to cancel before their membership renews. We automatically renew memberships to ensure that you always have access to the stock content you need at your current price, which allows you to keep your current price point no matter how much prices increase in the future.

Any clips downloaded with an active membership, including a free trial, are yours to keep and use forever, and any works published may remain in circulation for as long as you need.

Services and Website Operation

We operate the Website as an internet service provider of an online marketplace, providing storage of various Materials on our systems or networks at the direction of ClipStock's users. We may provide services in connection with the Website, including email notifications, Content downloading, and information publication. We will endeavor to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses), but we do not make any guarantees as to such operation and usage. You agree to release and hold harmless ClipStock for any damages arising out of your use of the Website, including the unavailability, failure or improper operation of services provided in connection with the Website.

The Website and Materials Provided "As Is"

The website, our services and the Materials are provided “as is” without any representation, warranties or guaranty of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, all of which are expressly disclaimed. We do not express or warrant that the website, our services or any Materials will meet your requirements or that their use will be uninterrupted or error free. The entire risk in relation to the Materials is with you. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ClipStock, LLC shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.

Limits of Liability: ClipStock’s total maximum aggregate obligation and liability (the “Limit of Liability”) arising out of each of Customer’s:

Individual Coverage for single-seat users shall be up to USD $20K
Corporate Coverage for businesses with 5-10 available users shall be up to USD $250k
Agency Coverage for full service agencies shall be up to USD $1M
Standard or Enhanced Music Licenses shall be USD $20,000

If you have questions about the foregoing, please contact Customer Service. (Phone: 833-450-4522 – Email: [email protected])

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your contributions, any use of the Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

Claims of Intellectual Property Infringement or Other Rights Violated

ClipStock respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied, used, stored, transmitted or displayed in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

A notification of claimed copyright infringement should be emailed to [email protected] or mail at:
ClipStock, LLC
1515 S Federal Hwy, Ste. 414
Boca Raton, FL 33432

To be effective, the notification must be in writing and contain the following information:

your name, address, telephone number, and email address;
the signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the Material that you claim is infringing or where it is located on the Website, with enough detail that we may find it on the Website;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If a counter-notice is received by Clipstock, we will send a copy to you informing you that we may re-post the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be re-posted on the Website, or access to it restored, in no less than ten (10) business days after receipt of the counter-notice, at our sole discretion.

Clipstock will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. Nothing above will limit our right, in our sole discretion, to remove any Content or other Material from the Website.

Interpretation

For purposes of this Agreement, (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole; (d) with respect to the determination of any period of time, “from” means “from and including” and “to” means” to but excluding”; (e) references to “written” or “in writing” include electronic transmissions delivered via electronic mail; (f) any reference to “days” shall mean calendar days unless Business Days are specified; (g) the meaning assigned to each defined term defined shall be equally applicable to both the singular and the plural forms of such term, and words denoting any gender shall include all genders; (h) where a word or phrase is defined in this Agreement, each of its other grammatical forms shall have a corresponding meaning; and i) a reference to any Party or to any party to any Contract or document shall include such Person’s successors and permitted assigns.

Consent to Electronic Communications

By inputting any information on the Website, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Miscellaneous Provisions

The parties to this Agreement are independent contractors, and nothing in this Agreement or the guidelines, policies, restrictions and agreements on the Website shall create a joint venture, partnership, employment relationship, franchise, or fiduciary relationship between the parties.
No waiver of any default under these Terms will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of these Terms.
If any provision, or portion thereof, of these Terms, or its application to any person or circumstance, shall be invalid, illegal or unenforceable to any extent, the remainder of these Terms, such provision and their application shall not be affected thereby, but shall be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and shall otherwise be enforceable to the fullest extent permitted by law.
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
This Agreement shall be construed in accordance with the laws of the State of Florida without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Any access to and use of the Website and the entering into this Agreement will be deemed to take place in the United States.
Any dispute regarding this Agreement will be resolved exclusively by a State or Federal court in Palm Beach, Florida in the United States. We and you hereby waive any objection to venue, or to the inconvenience of the forum, of any such court or right to trial by jury to resolve any such dispute. The parties hereby consent to the jurisdiction of such courts.
You represent that, if you are an individual, you are of legal age and have the full right and authority to enter into this Agreement and conduct all activity conducted or to be conducted by you in or through the Website.
The ClipStock Parties are intended third party beneficiaries of this Agreement. Nothing in this Agreement or the guidelines, policies on the Website, express or implied, is intended to or shall confer upon any third person or entity other than the ClipStock Parties any rights, benefits or remedies of any nature whatsoever. Without limiting the generality of the foregoing, no provision herein shall be for the benefit of or enforceable by any creditor of any party hereto.
If you breach any provision of this Agreement or any other agreements or policies referred to herein and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement or any other such agreement or policy.
Your obligations and our rights and remedies set out in this Agreement are cumulative and are in addition to your obligations and our rights and remedies at law or in equity.
ClipStock may assign this Agreement without your consent to any other party.
this Agreement is in addition to the ClipStock Contributor Agreement, the ClipStock License Agreement, the ClipStock Affiliate Referral, the ClipStock Member Referral, the ClipStock Privacy and Cookies Policy, and the policies, guidelines and restrictions contained on the Website (which are all incorporated by this reference into this Agreement). In the event of a conflict between the express terms and provisions of the License Agreement or Contributor Agreement with respect to Content downloaded from or uploaded to the Website thereunder and this Agreement, the express terms and provisions of such Agreement shall govern and prevail.

Customer Support and Contact Information

To find more information about this Agreement or the Website, marketplace, platform, content, or if you need assistance with your account, please contact ClipStock Customer Support at [email protected].