Stock Media Pro

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I have read and agree to the terms and conditions specified in this agreement

RETURNS POLICY

You have a statutory right to do this within 7 days.

You may cancel your order (once accepted by us) for a full refund.

We will provide you with a full refund of the amount paid for the goods or, if you prefer, an exchange for the same or alternative products to the same value.

You will need to contact us via email: returns@stockmediapro.com Subject the email 'Refund'. Please detail your reasons for requesting the refund and we will getback to you within 24hrs.

PRIVACY POLICY

General Provisions

Stock Media Pro is committed to respecting your privacy whilst providing the highest possible quality service and recognises your need to know that your personal data is being lawfully processed and held in compliance with the Data Protection Act 1998. Stock Media Pro provides you with the information set out in this Privacy Policy so that if you share your personal data with us, you are aware of what we do with it. We collect information from you when you register an account or email us using the online forms, which include:

1. Your name
2. Your email address.
3. Your home or business address

We use the information that you personally provide to:

1. Improve the information and support we provide.
2. Process any requests you make.
3. Provide you with information about products and services we offer.

You can opt out of any promotional emails sent by us by replying to optout@stockmediapro.com

Stock Media Pro will not sell or share your personal data with others. All orders online, when using your credit or debit card on this website, are processed via Paypal. Paypal provides you with a high level of additional security. When confirming payment online you will be taken to Paypal’s secure server to complete payment.

At no time will Stock Media Pro store any of your credit or debit card details.

MEMBERSHIP CONTRACT

General Provisions

1. This Contract governs your membership in the Stock Media Pro community, your special access to the Stock Media Pro web site and your right to upload and download (subject to having the necessary credits) Video Footage, Video Animations After Effects Project files and other material from the Site.

2. Stock Media Pro reserves the right to change or modify all or any part of this Contract at any time, effective immediately upon posting on the Site. Your continued use of your membership confirms your acceptance of the terms and conditions in this Contract, including any changes or modifications made by Stock Media Pro. If at any time the terms and conditions of this Contract are no longer acceptable to you, you must immediately close the membership on the site.

Use of Content

3. The site contains information, Data Files and other material (collectively the ``Content``) which is protected by copyright, trademark or other proprietary rights of Stock Media Pro or other third parties (including other members).

4. You may only download Data Files in accordance with the terms of the Royalty Free License Contract. You may not publish, display, distribute, transmit, transfer, sell, copy, modify, create derivative works from, or exploit any Content, except as expressly permitted in this Contract and the Content License Contract. You may post on the site any Data Files that you own, subject to the terms of the Upload Contract.

Restrictions on Posting

5. You shall not post anything on the site which is:
(i) libelous, defamatory, abusive, threatening, pornographic, or obscene;
(ii) contains viruses, Trojan horses, worms, malicious script or other contaminating or destructive features;
(iii) violates third party rights, including any copyright, trademark, patent, trade secret or right of privacy; or
(iv) violates any applicable law.

Management of Data Files

6. Stock Media Pro cannot review all Data Files uploaded by Members on the Site and is not responsible for the content of such Data Files. Stock Media Pro reserves the right to delete, move or edit any Data File that it thinks does or may violate this Contract or is otherwise unacceptable. You remain solely responsible for all Data Files uploaded under your member name. Stock Media Pro may, in its discretion, correct errors or omissions in any Data Files.

No Representation

7. Stock Media Pro does not represent the reliability of any Data File that you may download and any reliance by you upon such Data File is at your own risk.

Indemnification

8. You agree to indemnify, defend and hold Stock Media Pro, and its officers, directors, owners, agents, and licensors (collectively, the ``Stock Media Pro Parties``) harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any Stock Media Pro Party resulting from:
(i) any use or alleged use of the Stock Media Pro web site under your member name by any person, whether or not authorized by you;
(ii) any Data File uploaded under your member name; or

(iii) any breach of your warranties which are contained in this Contract. Stock Media Pro reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with Stock Media Pros defense of such claim.

Cancellation of Service

9. Stock Media Pro reserves the right to restrict, suspend or cancel your Membership at any time for any reason without prior notice or liability. Stock Media Pro may change or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10. NEITHER Stock Media Pro NOR ANY PROVIDER OF DATA FILES OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES Stock Media Pro, ANY THIRD PARTY PROVIDER OF DATA FILES OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE DATA FILES. THE SITE AND THE DATA FILES ARE DISTRIBUTED ON AN ``AS IS, WHERE IS, AS AVAILABLE`` BASIS. NEITHER Stock Media Pro, THIRD PARTY DATA FILE PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY DATA FILES DOWNLOADED THROUGH THE SITE. NEITHER Stock Media Pro NOR ANY THIRD PARTY DATA FILE PROVIDER WARRANTS THAT ANY DATA FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND ANY DATA FILES DOWNLOADED BY YOU IS YOURS.

NEITHER Stock Media Pro, ANY THIRD PARTY DATA FILE PROVIDER NOR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

11. You specifically agree and acknowledge that you have, in addition to the terms of this Contract, reviewed the terms of the Content License Contract, the Upload Contract and any other contracts which may be incorporated by reference therein. You further acknowledge that you agree to be bound by the terms of such agreements.

12. This Agreement will be governed under the laws of the Province of Romania and the federal laws applicable therein. Each of the parties hereto does expressly submit to the jurisdiction of the Courts in Romania. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect.

END USER LICENSE AGREEMENT

This Contract is between you and Stock Media Pro (also sometimes referred to herein as ''we'', ''us'' and ''our''). By downloading Content (as defined below) from this website, you agree to be bound by the terms of this contract with respect to such Content. Do not download Content if you do not accept these terms.

This is a license, not a sale. You are permitted to use Content. We or our Members continue to own the intellectual property rights in the Content. Third parties who wish to use any Content must download it from the Stock Media Pro website themselves.

1. This Contract governs your use of Stock Media Pro's Content (namely, the photographic images, illustrations, or other material that you download from the Stock Media Pro website in conjunction with entering into this Contract (''Content'')).

2. You are hereby granted a perpetual, non-exclusive, non-transferable license to use Content on the terms and conditions contained in this Contract. You may only engage in expressly permitted activity with respect to Content. All other rights in and to the Content and accompanying materials, including, all intellectual property rights relating thereto, are retained by Stock Media Pro or its Members, as the case may be.

ALLOWED USES:

3. You may:

(a) use Content in only one location;

(b) physically transfer any Content and its archives from one location to another, provided that it may only be used in one location at a time;

(c) keep a single copy of Content solely for back-up purposes; you must reproduce all proprietary notices on this single back-up copy;

(d) use any Content in the following applications:

1. advertising and promotional projects, including those that are electronic or used on the worldwide web, film and video presentations, commercials, electronic catalogues and brochures.

2. films, video, broadcast and theatrical presentations;

3. on-line or electronic productions including web pages, podcasts and vidcasts;

4. non-profit, educational and internal corporate videos

(e) create a Derivative Work (namely an original work within the meaning of the UK Copyright Act (CDPA) which incorporates but is not substantially similar to the Content) by incorporating the Content into your own work;

TERM:

8. This Contract is effective until terminated. You can terminate this Contract by destroying the Content, and any related Derivative Works, and any copies of it or accompanying materials, and ceasing to use the Content, and any Derivative Works related thereto. This Contract will also terminate upon your failure to comply with the terms herein. You agree, upon termination of this Contract, to destroy all copies of any Content, and any related Derivative Works, to cease using the Content, and any related Derivative Works, and to confirm to Stock Media Pro in writing that you have complied with these conditions.

9. Termination of this Contract does not relieve you of your responsibilities to pay any amounts due to Stock Media Pro or your obligations not to use the Content, or any related Derivative Works, other than as permitted under this Contract.

REPRESENTATIONS AND WARRANTIES:

10. The Stock Media Pro website acts as an exchange of Content between those who provide Content to the website (our Members) and those who wish to use such Content. Accordingly, Stock Media Pro makes no representation or warranty that any Content provided is royalty free.

11. Statements regarding any rights and ownership of the Content are provided as a reference only and questions regarding the usability for any purpose or proposed use should be directed to the party who provided the Content to our website.

12. THE CONTENT AND ANY ACCOMPANYING MATERIALS ARE PROVIDED ''AS IS'' WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Stock Media Pro DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT YOURS. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT Stock Media Pro) ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTIONS.

LIMITATION OF REMEDIES & LIABILITY:

13. Stock Media Pro's entire liability and your exclusive remedy, with respect to any claims arising out of your use of Content or accompanying material, or out of your actions in downloading Content, are as follows:

(a) You may, upon request to Stock Media Pro, be permitted to download the Content again, at a location Stock Media Pro will provide for you;

(b) If you continue to be unable to download the Content, Stock Media Pro will refund the fee actually paid.

14. IN NO EVENT SHALL Stock Media Pro OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS CONTRACT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

15. THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS CONTRACT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OF THE CONTENT IN ANY MANNER WHATSOEVER IS TO BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO Stock Media Pro UNDER THIS CONTRACT IN RESPECT OF THE USE OF THE CONTENT.

INDEMNIFICATION:

16. You agree to indemnify and hold Stock Media Pro harmless against all claims or liability asserted against Stock Media Pro arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Contract.

GENERAL:

17. If any provision or part of this Contract is unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

18. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Contract.

JURISDICTION & ARBITRATION:

19. This Contract will be governed under the laws of the United Kingdom applicable therein (without reference to conflicts of laws principles). This Contract will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use.

20. Any disputes arising out of, or in connection with this Contract, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in the United Kingdom, pursuant to the applicable legislation in effect at the time arbitration is demanded.

21. If Stock Media Pro is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Stock Media Pro for its legal fees, costs and disbursements if Stock Media Pro is successful.

22. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE CONTRACT BETWEEN YOU AND Stock Media Pro, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR CONTRACT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Stock Media Pro RELATING TO THE SUBJECT OF THIS CONTRACT.

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