The Website Terms and Conditions were last updated on November 7, 2011.
The www.Crestock.com website (the "Website") is a searchable collection of images provided by Crestock Corporation ("Crestock") to artists and users of stock images as a platform to enable artists to upload selected images and clients of Crestock to review and license those images from Crestock. This document governs your use of the Website.
- Acceptance of Terms
- Intellectual Property Rights
- Prohibited Activities
- Disclaimers & Disclosures
- Limitations of Liability
- Procedure for Claims of Copyright Infringement
- Governing Law
- Entire Agreement
- Contact Information
The following terms and conditions (the "Terms & Conditions"") govern your use of the Website and its contents (the "Content") which includes (without limitation) the images displayed on the Website (the "Images").
1.1.By accessing or using this Website you agree to the Terms & Conditions.
1.2.In order to be able to supply images to Crestock or to be able to license and download Images from Crestock, you are required to register to become a "Member".
1.3.Crestock does not intend to either solicit, collect, use or disclose personal information from or conduct business with any person or persons who is/are under the age of majority in their jurisdiction of residence (a "Child" or "Children"). Children are not authorized to use the Website unsupervised and are not authorized to become a Member, or submit any personal information to Masterfile, or to upload images to or license images from the Website without adult supervision. By using the Website, and/or signing-up with Crestock to become a Member, you warrant that you have reached the age of majority in your jurisdiction of residence.
1.4.Crestock reserves the right to change the Terms and Conditions at any time without notice. It is your responsibility to review the Terms and Conditions regularly. Your continued access or use of the Website after such changes indicates your acceptance of the Terms and Conditions as modified.
1.5.If you use this Website without registering, then you will have no rights whatsoever to copy, download, save or re-transmit any of the Images or use any of the services but you will be welcome to look at the Images and read the information on the Website.
1.6.If you do not agree to abide by the Terms & Conditions, kindly do not use this Website.
2.1.Copyright. All Images, text and designs including the look and feel of the Website and its search interface, including all page headers, custom graphics, button icons, and scripts (together, the "Content") is the property of Crestock, its contributing artists and licensors and is protected by national copyright laws, international treaty provisions, trademarks and other applicable laws.
2.2.Image Licensing. The Images may not be copied or reproduced in any manner whatsoever unless you have become a Member and have obtained a license from Crestock.
2.3."Crestock" is a trademark of Crestock Corporation. This trademark may not be used in any manner whatsoever without the express written consent of Crestock Corporation.
2.4.Other marks. All other trade names, trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Website or in any Image are the property of their respective owners. They may not be used in any manner whatsoever without the express written consent of the respective owners.
2.5.Unauthorized Use of Images. Unless you have received and paid for a license from Crestock (see Image License Agreement):
2.5.1.It is illegal to copy or use any portion of any Image whether (without limitation) by photographic means, scanning, digital copying, saving it to any computer, posting it to any Website, or as reference for another image.
2.5.2.It is illegal to incorporate all or part of any Image into another image. Changing an Image does not give you any right to use the changed Image. The original Image, however modified or distorted, is still protected by copyright.
2.5.3.Any unauthorized use, publication or transmission of any Image arising from your activities is an infringement of copyright and you will be responsible for any fees, damages and/or compensation arising from such unauthorized use.
The Website is expressly created for the benefit of the clients and contributing artists of Crestock to enable the clients to find and license Images and to enable the artists to earn income from the licensing of their images.
3.1.Using the Website or the Content other than for its intended purposes is prohibited.
3.2.Without limiting the generality of the foregoing, you are prohibited from
3.2.1.using any data mining, robots or similar data and/or image gathering and/or extraction methods in connection with the Website or the Content;
3.2.2.reverse engineering the Website or any or the Content;
3.2.3.manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; and/or
3.2.4.removing any watermarks or copyright notices contained in the Content.
4.1.Use of the Website is at your sole risk. The Website together with the Images and Content are provided on an "as is", "as available" basis without representations, warranties or conditions of any kind, either express or implied, including but not limited to representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. Crestock makes no representation or warranties that the use of the Website will be uninterrupted, error-free or free from viruses or other disruptive or malicious software. Crestock recommends that you install appropriate firewall and anti-virus software for your own protection.
4.2.Linked Websites. Links to other websites are provided for convenience of reference only and does not necessarily constitute an endorsement by Crestock. Crestock makes no representation or warranty with respect to the content, practises or reliability of any linked website.
4.3.Amazon Affiliate. Crestock is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
5.1.Limitations of Liability. To the maximum extent permitted by law, in no event will Crestock be liable for any indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Images or the Website, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the Website or any Image whether based on contract, tort, strict liability or otherwise.
6.1.Crestock respects the copyright of others and we require our contributing artists to do the same. All Images on the Website have been supplied to Crestock with the express assurance of the respective artists that they are original creations. If you believe that the copyright in any image that you own or control has been infringed, you may notify our Copyright Agent. A notice of claimed infringement must be submitted in writing to:
3 Concorde Gate, 4th Floor
Canada M3C 3N7
6.2.Your notice must include substantially all of the following information:
6.2.1.A description of the copyrighted image you claim to have been infringed. (If possible, include a low-resolution reference copy of such of such image.) If you are not the owner of the copyrighted work, you must also include your physical or digital signature as a person authorized to act on behalf of the copyright owner;
6.2.2.A description of where the material that you claim is infringing is located on our Website (include the Crestock Image code, if available);
6.2.3.Your full name, address, telephone number, and e-mail address;
6.2.4.A statement that you have a good faith belief that the disputed use of the Image is not authorized by the copyright owner, its agent, or the law; and
6.2.5.A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
6.3.Upon receipt of the written notification containing the information as outlined in Section 6.2
6.3.1.Crestock will remove or disable access to the Image that is alleged to be infringing;
6.3.2.Crestock will forward the written notification to such alleged infringer;
6.3.3.Crestock will take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the Image.
7.1.You will indemnify and hold harmless Crestock, its contributing artists and licensors, and its and their respective directors, officers, agents and employees from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website and/or any Image; the context of your use of any Image in a licensed work; your breach of the Terms and Conditions; your breach of any license; your infringement of any third party intellectual property rights; or any act or omission by you which results in: (a) loss, damage, interference with or disruption to, the Website; (b) use of the Website for any illegal purpose; or (c) use of the Website to achieve any unauthorized or prohibited access to computer systems and data.
9.1.The Terms & Conditions will be governed by the laws in force in the Province of Ontario and the applicable laws of Canada (excluding the application of its conflicts of law rules) and the parties agree to the exclusive jurisdiction of the federal and provincial courts located in the City of Toronto, Ontario; except
9.1.1.in the case of copyright infringements that occur in the U.S.A., the Terms & Conditions will be governed by the laws in force in the State of New York and U.S. federal laws (excluding the application of its conflicts of law rules) and the parties agree to the exclusive jurisdiction and venue of the Federal District Court of the Southern District of New York located in New York, NY.
9.2.If any provision of these Terms & Conditions violates any law and is unenforceable, that provision will be severed and the balance of these Terms & Conditions will remain in force.
10.1.The Terms & Conditions constitute the entire agreement with respect to the subject matter hereof and merges and supersedes all prior and contemporaneous communications, written or oral. Only these Terms & Conditions will be binding on Crestock. Any attempt to modify or deviate from this Agreement will nullify any other rights granted or representations made by Crestock. This Agreement may only be modified in writing by an officer of Crestock.
11.1.Any questions about Crestock or these Terms & Conditions should be directed to:
3 Concorde Gate, 4th Floor
Canada M3C 3N7
© 2011-2013 Crestock Corporation. All rights reserved.