Terms and Condition
Site Usage Agreement :
By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client`s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any media listed under the MYPstock.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. Where MYPstock has provided you with a translation of the English language version of the page or site`s functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with MYPstock. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.
Use of this site :
This site is owned and operated by MYPstock. All Media, audio and video material and related informational materials in any medium provided by MYPstock hereunder, including related text, captions, or information (collectively referred to as Media) are owned by MYPstock. All Media is protected by Canadian and international copyright laws.
This site contains both Media that depicts a visible watermark (Watermarked Media) and Media that does not contain a visible watermark (Non-Watermarked Media). MYPstock allows you to search for, view, and use Watermarked Media only as permitted below. If you have registered for a MYPstock account and MYPstock has approved your registration, you may be able to access Non-Watermarked Media, which shall be used only as permitted below. MYPstock reserves the right to revoke your authorization to view, download and use the Media and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from MYPstock. All rights not specifically granted under this Agreement are reserved to MYPstock. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Media or related information.
MYPstock may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Media, delete all Media and all copies from all media and destroy all other copies. Your use of this site and any Media shall comply with all applicable law. MYPstock may restrict or remove your access to this site at any time, or restrict or remove the use of any Media for any reason, and may replace the Media with another Media, and you agree to immediately discontinue all use of the Media upon notification from MYPstock.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Media may include historically and culturally important Media and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by MYPstock. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
MYPstock makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the Canadian and international market. While the responsibility for the Media uploaded is entirely on the Contributor`s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.
Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
Acknowledgements, Representations, and Warranties :
By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
a. MYPstock provides access to an online service comprising information and materials created and posted by You and other users.
b. Media on the Website that is available for license is stored on MYPstock`s servers at the direction of MYPstock`s users.
c. Any modification of Media uploaded by MYPstock`s users, such as the addition of a MYPstock watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon upload, the Contributor shall be deemed the party responsible for such automatic modification and shall be considered the “author” of such automatically modified Media. MYPstock is not responsible for modifications that occur to Media as part of its automatic posting process.
d. Any review of uploaded Media that may be performed by MYPstock before making such Media available to the public is cursory and only intended to identify immediately obvious violations of these Terms. Accordingly, and despite any such gate keeping, the Contributor uploading an Media shall be deemed the party at whose direction that Media resides on MYPstock`s servers.
e. MYPstock has never directed, and never will direct, its users to upload Media that infringe upon any right belonging to a third party. Uploading Media that infringe on third-party rights constitutes a direct and material violation of these express Terms and will subject the uploading Contributor`s account to suspension and/or termination, where appropriate.
f. MYPstock correctly presumes that the Contributor uploading an Media is the sole holder of all exclusive rights to that Media, except where the Media alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a Person other than the Contributor as the exclusive rights holder.
g. Where an Media has no obvious proprietary marking that indicates an exclusive owner, MYPstock cannot be deemed to have actual knowledge that the Media infringes upon any third party`s rights.
h. In collecting license fees on behalf of Contributors, and retaining a portion of those license fees, MYPstock does not derive a direct financial benefit from any particular Media. MYPstock`s only direct financial benefit comes from operating its Website, which allows Contributors to market their Media to potential license purchasers. Contributors are the only parties receiving a direct financial benefit from their creation and uploading of Media for licensing by MYPstock`s users.
i. MYPstock has no right or ability to control the activities of Contributors who create and upload Media to the Website. In the event that a Contributor infringes upon a third party`s rights by creating or uploading an Media, that Contributor is the sole responsible party for such infringement, and MYPstock has no control over such activity.
j. Apart from identifying an obvious proprietary marking in an Media that indicates an exclusive owner, MYPstock has no other ability to determine whether the rights appurtenant to a particular Media may belong to a party other than the uploading Contributor. As its only other means of identifying Media that may infringe upon a third party`s rights, MYPstock relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
Use of Watermarked Media - Using Media for comping :
Media includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Media includes visibly or electronically watermarked and reduced resolution Media (Non-Watermarked or Watermarked Media) or higher resolution non-watermarked Media (Non-Watermarked Media).
Conditional upon your compliance with this Agreement, MYPstock grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Media in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Media. Except for this limited, internal testing and sample use, MYPstock grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Media.
Registering For A MYPstock Account :
To obtain access to our Media as well as upload any Media, you have to apply for a MYPstock account and you agree to provide complete, true and accurate information. MYPstock reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by MYPstock.
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify MYPstock of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Media downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify MYPstock of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any MYPstock account or web site or related services.
At anytime, you may request your account access to be restricted, but MYPstock reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site`s services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the MYPstock admin staff, for legal purposes.
After purchasing an image, you can download Media using the “My Account” interface on our site. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company`s own projects or clients and cannot be transmitted to another party.
None of our Media may be resold or redistributed by any means, or made available for redistribution or resale by a third party without MYPstock`s separate written consent.
Royalty-Free License - Concept Info :
What Royalty-Free means is that you pay for the Media only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. Note that the maximum number of copies for printed materials is 1,000,000 copies.
The Royalty-Free license is granted ONLY for the non-watermarked Media you buy using the Download button; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.
Royalty- Free License of use of Non-Watermarked Media and Restrictions :
The high-resolution Media that you download under the regular Royalty Free (RF) license may be used to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, book cover, flyer, application software (apps) or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the Media appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the Media in a correct way please email support using the contact form.
Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the Media in an essential manner, intended to be sold are considered redistribution (if the Media is used in an essential manner). The use of MYPstock.com Media for these purposes under the regular Royalty Free license is not permitted. It is also forbidden to make the Media available on a website for download (as wallpapers for example), although you may use the Media in a concept in as many websites as you want, for any number of clients. For Web use, you must not use the Media at a width exceeding 800 pixels unless it is included in your site`s design. If the Media is part of a design and manipulated accordingly, the Media width can be higher than 800 pixels.
If you use the Media for printed materials, the number of copies must not exceed 1,000,000. You may modify the Media in any way required for reproduction, or include them in your own personal creations.
Buying the high-resolution Media (purchasing the license) does not transfer the copyright. You may not claim that the Media is your own and you may not sell, license for use, or in any way distribute the Media for reuse. We recommend that you credit the agency and the Contributor when you use an Media. By this you benefit the community at MYPstock.com, of which you are an integral part, and help increase your success as part of the community, which, by growing contributions, gains quantity and quality.
Additional requirements for buyers :
Media included within the editorial section may include visible logos, or identifiable persons who didn`t sign a model release document. You are solely responsible for the usage given to such Media. Please consider that editorial Media are not meant for commercial usage and using them in a commercial context is against editorial terms.
Additional requirements for contributors :
Please note that editorial Media are meant to be an objective view of a specific event and therefore any post-processing of the photographs that might damage or distort the reality as seen through your camera lens, will not be tolerated. Cropping an Media and standard brightness/contrast adjustments are acceptable, but the use of clone, brushes and/or artistic filters is not meant for editorial Media. You hereby agree that the Media submitted to MYPstock is not obtained in unlawful ways or that can enforce civil or criminal liabilities. You are solely responsible for how the Media is produced and your activities will indemnify MYPstock harmless of any claims from you or any third parties involved within the shooting.
Unauthorized Use :
Without limitation, Media may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Media constitutes copyright infringement and shall entitle MYPstock to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media. The foregoing is not a limiting statement of MYPstock`s rights or remedies in connection with any unauthorized use.
Credit Line Requirements :
All media used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used within editorial purposes. The credit line format is specified on the Download page.
Sensitive Subjects :
Any license granted by MYPstock shall not constitute a representation that a Media is compatible for use with any other material. You are solely responsible for the use of any Media in combination with any other material, and you agree not to use Media with sensitive topics without MYPstock`s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image. You must contact MYPstock for additional information prior to any use of an Media with any sensitive topic.
Each Contributor that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release. MYPstock will not be held responsible for any of the materials you upload to the site.
Model and Property Releases/Clearances :
With respect to Media for which you have purchased a license through MYPstock, the rights that MYPstock grant to you do not include a license to any person, place, property, or subject matter depicted in a Media, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. MYPstock makes no representations or warranties that it owns or licenses any rights nor does MYPstock grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Media. Furthermore, MYPstock makes no representation or warranty as to the accuracy of any information provided with the Media. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by MYPstock. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.
With respect to Media you upload as a Contributor, where such Media depicts one or more individuals, a model release document must be uploaded confirming that the individuals included in your Media have signed a written release. By uploading this document, you certify that the information contained therein is complete and accurate.
MYPstock prefers that its contributing users provide copies of release documents that include physical signatures for the individuals consenting to the capture and reproduction of the contributed Media. Recognizing that many of MYPstock`s contributing users desire to submit location and model releases that have been e-signed, rather than printing documents for physical signature by a releasing individual, MYPstock has determined to accept, under certain circumstances, e-signed release documents from certain qualifying contributors. Acceptance by MYPstock of an e-signed release from a particular user shall not constitute a guarantee that future e-signed releases will be accepted from such user. MYPstock reserves the right to refuse e-signed releases, whether for a particular Media or from a particular user, for any reason.
If you are qualified to submit e-signed releases to MYPstock, you will be asked to separately represent and warrant, at the time of uploading a particular e-signed release, that (i) any submitted e-signed release was prepared in compliance with all requirements of the United States` Electronic Signatures in Global and National Commerce Act (“E-Sign Act”); (ii) such e-signed releases have been reviewed and accepted by each individual whose rights the e-signed releases purport to release; (iii) multiple e-signed releases have been submitted and shall be submitted for Media portraying the same individual, which Media were captured on different calendar days; and (iv) you have not submitted and shall not submit any e-signed release that is fraudulent or otherwise unenforceable. If MYPstock authorizes you to submit e-signed releases, you agree to maintain copies of each e-signed release submitted to MYPstock for as long as the associated Media is available for download from MYPstock and for a period of three (3) years following the Media`s removal from MYPstock. You further agree to provide MYPstock with additional copies of any e-signed release upon request.
If Media is designated as model-released, it means the contributing member posting such Media has represented to MYPstock that the depicted individual(s) has/have signed a release permitting reproduction of the Media, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that MYPstock is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed model release for all individuals depicted in a particular Media. If MYPstock incorrectly indicates that a Media is model-released when it is not, MYPstock`s liability shall be limited to the amount you paid MYPstock for the use of the Media. If a Media depicts an individual and you use such Media in a manner that implies the use or endorsement of a product or service by depicted individual, you must indicate wherever the Media is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use an Media depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive (as described above). Any license obtained through MYPstock is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide MYPstock with proof of such releases and permissions upon request.
Refund Policy :
You may ask for a refund of your purchase within 30 days from the purchase date. Note that this is possible only if you are able to immediately remove all Media used in different designs and that you must provide a well founded reason for your request and your MYPstock username.
If you have downloaded an image that has technical flaws please contact us for a refund of all credits used for downloading the image. If you are not able to download an image, we will refund the purchase, provided that MYPstock determines that you have been unable to download the image successfully.
MYPstock Trademarks :
The trademarks, services and logos used and displayed in MYPstock.com are registered and unregistered trademarks of MYPstock.com its subsidiaries and affiliates. MYPstock.com trademarks may only be used publicly with the permission of MYPstock with proper acknowledgement. Except as expressly granted MYPstock does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
You agree to indemnify, defend, and hold harmless MYPstock against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Media either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Media, or any claim by a third party related to the use of a Media, alone or in combination with any other material.
MYPstock PROVIDES YOU WITH ITS SITE AND MEDIA ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER MYPstock NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL MYPstock`S OR ITS AFFILIATES` LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.
No Waiver / Severability :
No action of MYPstock, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.