GlitterStock

Terms of Use

THIS SITE IS OWNED AND OPERATED BY GLITTERSTOCK, INC. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, USING, OR PAYING FOR ANY CONTENT FROM GLITTERSTOCK, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT OBTAIN OR USE ANY CONTENT FROM THIS WEBSITE.

COPYRIGHTED ITEMS

  1. "ITEMS" on GlitterStock shall constitute and be defined as any files, images, animations, photographs, audio, sounds, or text available on GlitterStock.
  2. All Items downloaded from GlitterStock are licensed to you by GlitterStock downloading these Items does not transfer any title from these Items to you, or any intellectual property rights therein to you.
  3. You may under no circumstances redistribute or sell this content at any time, and it is illegal to duplicate, download, or distribute any Materials from GlitterStock except for your use, which is subject to the Usage Guidelines.
  4. The design and layout, as well as all Items provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with GlitterStock, is protected by the United States, Canada and International law and other intellectual property proprietary rights and may not be copied or imitate in whole or in part.

LIMITATION OF WARRANTY

EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, GLITTERSTOCK MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESSED OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY STOCKMAGIK WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. GLITTERSTOCK DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT GLITTERSTOCK WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.

YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL GLITTERSTOCK OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF GLITTERSTOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF GLITTERSTOCK OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERMINATION

These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. GlitterStock reserves the right to modify or terminate these Terms of Use without notice, if, in GlitterStock's sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all items obtained from this Site, copies and related documentation thereof. In addition, GlitterStock reserves the right to terminate this Site without notice.

AUTHORIZED USE

This Agreement constitutes the entire agreement between you and Glitterstock regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties'' intentions. Failure by Glitterstock to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws. If Glitterstock is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse Glitterstock for its incurred legal fees, costs and disbursements. You shall not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent.

CHILDREN

Children (persons under the age of 18) are not eligible to use this Web site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using the Glitterstock site unsupervised, you warrant that you are the age of 18 or over. Anyone under the age of 18 is not to register with nor provide GlitterStock with personal information.

LINKS

This Web site provides links to third party Web sites for your convenience only. GlitterStock does not control third party sites and is not affiliated with these third party sites, nor does GlitterStock monitor nor endorse these third party sites. GlitterStock accepts no responsibility for the content of these third party sites and makes no warranty of any kind, express or implied, for any content or practices of these third party sites.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GlitterStock, its subsidiaries, affiliates, owners, directors, employees, licensors, agents from and against all claims, expenses, liability, damages, costs and expenses including reasonable legal fees and expenses arising out of or in connection with any breach of any of the terms of this Agreement, and from any and all uses by you of the Website, whether or not authorized by you.

LIMITATION OF REMEDIES

  1. Cancellation/Expiration: In the event this Agreement is not terminated but the Subscription period has been cancelled or has expired, you may continue to use the Images that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement and other relevant Licensing Agreements.
  2. No Monetary Damages: Under no circumstances whatsoever will GlitterStock be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the Image(s) even if GlitterStock or a distributor authorized by GlitterStock has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, 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 GLITTERSTOCK INC., WHICH SUPERSEDES ANY PROPOSAL OR PRIOR CONTRACT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND GLITTERSTOCK RELATING TO THE SUBJECT OF THIS AGREEMENT.


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