Terms of Service

These terms of service (referred to as “Marketplace Terms”) applies to your use and access of the Wirestock Marketplace. The Marketplace Terms also apply to your Marketplace Subscription. Please read the Marketplace Terms carefully before you use the Wirestock Marketplace. Among other things, the Marketplace Terms applies to templates, photographs, images, vectors, moving images, illustrations, 3D assets (such as models, materials, lights, and animations), animations, films, videos, audio/visual works, other media, and any other pictorial or graphic works or other works of authorship, including all associated keywords, descriptions, credits, captions, data, and other information that Wirestock provides or licenses to you (each, a “Work” and collectively, “Work(s)”).

This Marketplace Terms are supplementary to Wirestock’s Terms of Use (the “TOS”), which can be found here, and the TOS are hereby incorporated by reference into this Marketplace Terms. In the event of a conflict between these Marketplace Terms and those of the TOS, the terms of this Marketplace Terms shall control.

Wirestock Marketplace Subscription

With the exception of Free Content (discussed below), to License a Work or Works from the Wirestock Marketplace, you will need to first subscribe to the Wirestock Marketplace and pay Wirestock the monthly or yearly subscription amount (“Marketplace Subscription”), which amount will be determined by Wirestock in its sole discretion. The following apply to Marketplace Subscriptions, and are in addition to the terms contained herein:

Marketplace Subscription:

Your Wirestock Marketplace Subscription ("Marketplace Membership") will continue and automatically renew until terminated.
You must provide us with one or more Payment Methods. "Payment Method" means a current, valid, and accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
If you wish to cancel your Marketplace Membership, you must do so before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method.
Wirestock Marketplace Subscription may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Marketplace Membership by visiting Wirestock.io, signing in, and clicking on the "Account" link at the top of the page.
Wirestock may from time to time offer promotional offers for Marketplace Subscription. Offer eligibility is determined by Wirestock at its sole discretion and Wirestock reserves the right to recover any promotional offer and put your account on hold if Wirestock determines you are not eligible. Eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the promotional offer or in other communications made available to you.
Wirestock reserves the right to change Marketplace Subscription, including by adjusting pricing or any components thereof in any manner and at any time Wirestock may determine in its sole discretion. Except as otherwise expressly provided for herein, any price changes or changes to your Marketplace Membership will take effect after notice to you.

Billing and Cancellation:

The cost for Marketplace Subscription (the "Marketplace Subscription Fee") and any other charges you may incur in connection with your use of Wirestock’s service, such as taxes or transaction fees, will be charged by Wirestock to your Payment Method on the date indicated on your "Account" page.
The Marketplace Subscription Fee is earned upon payment.
In certain instances, your payment date may change, for example if you change your Payment Method, or your Payment Method has not successfully settled.
To use your Marketplace Membership you must provide one or more Payment Methods. You authorize Wirestock to charge any Payment Method associated to your account.
You remain responsible for any uncollected amounts.
If a payment is not successful because your Payment Method is expired, for insufficient funds, or for any other reason, and you do not cancel your Marketplace Membership, Wirestock may suspend your Marketplace Subscription until Wirestock has successfully charged a valid Payment Method.
Please be aware that for some Payment Methods the issuer may charge you fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.
You can update your Payment Method by going to your "Account" page. Wirestock may also update your Payment Method with information provided by a payment service provider. If your Payment Method(s) is updated, you authorize Wirestock to continue to charge the Payment Method(s).
You may cancel your Marketplace Membership at any time by going to your "Account" page and following the instructions. If you cancel your Membership, you will still have access to your Membership through the end of your billing period, after which you will no longer have access to your Membership.

Refunds and Credits:

Payments made for Marketplace Subscription are nonrefundable. Wirestock will not give a credit or refund of any amount for partially used membership periods.
If you cancel your Marketplace Membership, you will continue to your Marketplace Subscription through the end of your current billing period.
Notwithstanding the foregoing, Wirestock reserves the right to provide a refund, discount, or other consideration ("Credit") to you or any other member, at any time, and for any reason. However, the decision to provide such Credit, including the amount and form, is at Wirestock’s sole discretion.
By providing a Credit to you in one instance does not entitle you to receive future Credit, nor does it obligate Wirestock to provide you such future Credit.

Membership Limitations:

If you sign-up for Marketplace Subscription it is for your personal and non-commercial use only and you may not share your access to your Marketplace Membership with other individuals.
You may access your Marketplace Membership primarily within the country in which you have established your account and only in geographic locations where Wirestock offers Marketplace Subscription.
You agree to use your Marketplace Membership in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service therein.
Wirestock may terminate or restrict your Marketplace Subscription if you violate these Terms of Service, are engaged in illegal or fraudulent use of Wirestock’s services.

Account Access:

The person who created your account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through your account. To maintain control over your account and prevent anyone from accessing your Marketplace Membership, you should maintain control over your Wirestock ready devices that are used to access your Marketplace Membership and not reveal your password to anyone.
You are responsible for updating and maintaining the accuracy of the information you provide to Wirestock relating to your account.
Wirestock may terminate your account or place your account on hold in order to protect you, Wirestock, or third parties from identity theft or other fraudulent activity.
Wirestock is not obligated to credit or refund you or provide you a discount for holds placed on your account by Wirestock.
If your Wirestock ready device is sold, lost, or stolen, please take steps to deactivate your Wirestock ready device.

Promo Codes:

Wirestock may, in its sole discretion, publish, distribute, market, or provide promotional codes (“Promo Codes”) that when applied to the purchase of Marketplace Subscription will discount the cost of Wirestock Subscription.
The time, place, and manner or method by which Wirestock publishes, distributes, markets, or provides the Promo Codes will be determined in Wirestock’s sole discretion.
The amount or percentage of discount offered will be determined in Wirestock’s sole discretion.
Promo Codes expire after a certain amount of time. When Promo Codes expire and how long the Promo Code is valid will be determined in Wirestock’s sole discretion.

Promo Codes are not retroactive for past purchases of Wirestock Subscription. Promo Codes can be applied only to future purchases if you are eligible and the Promo Code is not expired and still valid.

License Granted

With the exception of Free Content (discussed below), and subject to you paying the Marketplace Subscription Fee, Wirestock grants you a non-exclusive non-transferable, non-sublicensable, royalty-free right to use, modify (except as expressly prohibited herein), and reproduce the Work or Works worldwide, in perpetuity.

Free Content

Some Marketplace Content is free! This means that you can license and download certain Marketplace Content without purchasing a Marketplace Subscription. By downloading a Work that requires no Marketplace Subscription (“Free Content”), you agree to these Marketplace Terms in its entirety. You also agree and understand that Wirestock is granting you a license to Free Content as specified above (in the License Granted section). In other words, Free Content and a Work that requires a Marketplace Subscription, are granted the same license. Notwithstanding, if you license Free Content you agree that if and when you display the Free Content, in any form, forum, manner, or format, you will clearly display the following information about the Free Content (preferably directly below the Free Content): (1) the name of the author or creator of the Free Content; and (2) the source of the license (i.e., Wirstock.io). The foregoing is referred to as the “Attribution Obligation.”

You understand and agree that you are legally obligated to comply and fulfill the Attribution Obligation for any Free Content, and your failure to comply with and fulfill your Attribution Obligation is a breach of this Marketplace Terms, the TOS, and the license, for which Wirestock can pursue any remedy under law, or under this Marketplace Terms or the TOS.

Sole Recipient of License

The license to Marketplace Content granted herein is granted to the person who owns the Wirestock account purchasing or obtaining the Marketplace Content at the time the license is purchased or obtained from Wirestock. In other words, only you may use the Work as permitted herein. All other rights in any licensed Work are reserved by Wirestock, the Wirestock Contributor (defined below), or other rightsholder, as applicable. You are not allowed to let others use the Work. You may not sell, rent, give, resell, sublicense, or otherwise transfer any Work, except as provided herein, or sell, rent, give, resell, sublicense, or otherwise transfer any Work in a manner that would compete with the various license offerings by Wirestock.

Availability of Licensed Works

You are solely responsible for downloading a copy of the Work to which you purchased or obtained a license, and saving such copy. Works available for license through Wirestock may change periodically, in Wirestock’s sole discretion, and Wirestock is not responsible to you for the removal from Wirestock’s website of a Work you have previously licensed, and Wirestock is not responsible for providing you with a copy of a previously-licensed Work if you failed to sufficiently save a copy thereof. Wirestock may also remove Works from its website at any time in its sole discretion, without notice to you, regardless of whether you have purchased or obtained a license to a Work (e.g., a Work to be removed).

IP Rights

Other than the limited license rights provided in the License Granted section herein, nothing in this Marketplace Terms gives you any right, title, or interest in any of Wirestock’s or any Wirestock Contributor’s intellectual property, including, but not limited to, Wirestock’s or such Wirestock Contributor’s trademarks, copyrights (other than the rights granted in this Marketplace Terms to the Works), trade secrets, inventions (whether patentable or not), business methods, contact lists including customers and Wirestock Contributors, source code, knowhow, or any other intellectual property or information which Wirestock or such Wirestock Contributor owns or has the right to use (“IP Rights”). You agree that you will not use the Wirestock IP Rights in any manner unless expressly granted a license to do so in writing by Wirestock.

Releases

A Work or Works licensed by you may contain images or likeness of an identifiable person, trademark or logo, or certain distinctive property that is protected by intellectual property rights of Wirestock or any Wirestock Contributors. Each Work shall indicate on its license page whether a signed model or property release associated with the particular Work is on file with Wirestock (the “Release Notice”). If the Release Notice states that a signed model or property release is on file with Wirestock, then Wirestock has obtained a release associated with that particular Work. You shall refer to the Release Notice associated with a particular Work in order to determine whether releases were obtained by Wirestock. Wirestock will not provide you a copy of the release unless you request a copy from Wirestock by emailing it at support@wirestock.io.

Ownership of Work

As between you and Wirestock (or, as applicable, any Wirestock Contributor) Wirestock retains all rights, title, and interest in and to the Works (except for the licenses granted pursuant to this Marketplace Terms), and neither title nor any ownership interest in or to the Works is transferred to you as a result of this Marketplace Terms. As applicable, Wirestock or any Wirestock Contributor reserves all rights not granted to you through this Marketplace Terms.

Pricing and Payment

With the exception of Free Content, in order to license Works from Wirestock Marketplace, you must sign up and pay for a Marketplace subscription. Once you purchase the Marketplace Subscription for the amount required by Wirestock at the time you subscribe, you will have access to all of the Works in the Wirestock Marketplace at no further cost to you.

Representations and Warranties

You represent and warrant to Wirestock that:

any use of any Works licensed by you through the Marketplace, in accordance with these Marketplace Terms, will not infringe any rights of any third parties, including, but not limited to, intellectual property rights and rights of privacy or publicity, and will not be slanderous, libelous, defamatory, obscene, pornographic, indecent, violent, or discriminatory on the basis of age, sex, gender, religion, race, ethnicity, national origin, sexual orientation, or political view;
you will not use any Work featuring a human person in any way that is pornographic or sexual, or such that such person is seen as suffering from a physical or mental ailment, using drugs or alcohol, supporting or endorsing a certain political candidate, party, or cause, or engaging in immoral, improper, or criminal behavior;
any use of the Works by you will not be disparaging to the author of such Works or Wirestock in any way, or cause harm to, or reflect negatively on, Wirestock’s reputation or goodwill, Wirestock’s offered goods and services, the Website, Wirestock’s IP, or the Works;
you will not use any Editorial Work for commercial purposes unless you first seek permission from Wirestock and unless Wirestock grants you express written permission; and
you will not use any Work as part of a logo or trademark, or service mark.

Indemnification

You agree to indemnify and hold Wirestock harmless from any damage, liability, or cost (including reasonable attorneys’ fees and costs of defense) based on or arising out of your breach of this Marketplace Terms, your unauthorized use of a Work, or your conduct in relation to the Work. The foregoing indemnity is conditioned upon the indemnified party (i) providing notice in writing to the indemnifying party of any claim or potential claim no later than fourteen (14) business days from the date the indemnified party knows or reasonably should have known of the claim or potential claim, (ii) tendering control of the defense and/or settlement of such claim to the indemnifying party, and (iii) reasonably cooperating with the indemnifying party in the defense and/or settlement of such claim. Written notice to you will be emailed to the email address you provide Wirestock at the time you sign up for Wirestock.

Limitation of Liability

Neither party will be liable under this Marketplace Terms for any indirect, incidental, exemplary, special, punitive, or consequential damages including, without limitation, any loss of income, profits, or data, or diminution of value, even if the other party has been advised of, or had reason to know of, the possibility of such damages. You and Wirestock agree that Wirestock’s aggregate liability to you and all third parties in connection with or related to this Marketplace Terms, the Works, or the licenses granted hereunder shall be limited to general money damages not to exceed ten thousand U.S. dollars ($10,000.00). This limitation shall apply regardless of the cause of action or legal theory pled or asserted, including indemnification under this Marketplace Terms. The parties acknowledge that they have considered the allocation of risk presented by the provisions of this paragraph and that the allocation is reasonable under all facts and circumstances surrounding the Marketplace Terms.

Arbitration and No Class Actions

You and Wirestock agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to this Marketplace Terms or the TOS, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, shall be settled by binding arbitration before a single arbitrator.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules in effect on the date of the commencement of arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location we agree to. The language of the arbitration shall be English. The AAA rules will govern payment of all arbitration fees. However, each party shall bear its own costs and attorneys’ fees in the arbitration. Both parties agree that the following claims are exceptions to the agreement to arbitrate and will be brought in a judicial proceeding: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyberattack).

This arbitration provision will survive termination of this Marketplace Terms or any applicable terms.

You and Wirestock agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Wirestock agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Wirestock acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this Marketplace Terms.

No Agency; No Third-Party Beneficiaries

For clarification purposes, you and Wirestock are not joint venturers, partners, principal and agent, or employer and employee. Neither you nor Wirestock has the power to bind or obligate the other in any manner. Nothing in this Marketplace Terms, express or implied, is intended to or shall confer upon any third person or entity any rights, benefits, or remedies of any nature whatsoever.

No Waiver; Severability; Headings

You agree that Wirestock’s failure or delay in enforcing or exercising any of these terms is not a waiver of that term or any other term, unless explicitly in writing by Wirestock. A waiver of a right from this Marketplace Terms in one instance is not to be construed as a waiver of future instances. In the event that any of the provisions contained in this Marketplace Purchase Terms is, for any reason, held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of this Marketplace Terms, and this Marketplace Purchase Terms will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

Taxes

If Wirestock is required to collect any taxes in relation to this Marketplace Terms, or content licensed by you, you shall be liable for payment of any such tax.

Terms of Service

These terms of service (referred to as “Marketplace Terms”) applies to your use and access of the Wirestock Marketplace. The Marketplace Terms also apply to your Marketplace Subscription. Please read the Marketplace Terms carefully before you use the Wirestock Marketplace. Among other things, the Marketplace Terms applies to templates, photographs, images, vectors, moving images, illustrations, 3D assets (such as models, materials, lights, and animations), animations, films, videos, audio/visual works, other media, and any other pictorial or graphic works or other works of authorship, including all associated keywords, descriptions, credits, captions, data, and other information that Wirestock provides or licenses to you (each, a “Work” and collectively, “Work(s)”).

This Marketplace Terms are supplementary to Wirestock’s Terms of Use (the “TOS”), which can be found here, and the TOS are hereby incorporated by reference into this Marketplace Terms. In the event of a conflict between these Marketplace Terms and those of the TOS, the terms of this Marketplace Terms shall control.

Wirestock Marketplace Subscription

With the exception of Free Content (discussed below), to License a Work or Works from the Wirestock Marketplace, you will need to first subscribe to the Wirestock Marketplace and pay Wirestock the monthly or yearly subscription amount (“Marketplace Subscription”), which amount will be determined by Wirestock in its sole discretion. The following apply to Marketplace Subscriptions, and are in addition to the terms contained herein:

Marketplace Subscription:

Your Wirestock Marketplace Subscription ("Marketplace Membership") will continue and automatically renew until terminated.
You must provide us with one or more Payment Methods. "Payment Method" means a current, valid, and accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
If you wish to cancel your Marketplace Membership, you must do so before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method.
Wirestock Marketplace Subscription may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Marketplace Membership by visiting Wirestock.io, signing in, and clicking on the "Account" link at the top of the page.
Wirestock may from time to time offer promotional offers for Marketplace Subscription. Offer eligibility is determined by Wirestock at its sole discretion and Wirestock reserves the right to recover any promotional offer and put your account on hold if Wirestock determines you are not eligible. Eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the promotional offer or in other communications made available to you.
Wirestock reserves the right to change Marketplace Subscription, including by adjusting pricing or any components thereof in any manner and at any time Wirestock may determine in its sole discretion. Except as otherwise expressly provided for herein, any price changes or changes to your Marketplace Membership will take effect after notice to you.

Billing and Cancellation:

The cost for Marketplace Subscription (the "Marketplace Subscription Fee") and any other charges you may incur in connection with your use of Wirestock’s service, such as taxes or transaction fees, will be charged by Wirestock to your Payment Method on the date indicated on your "Account" page.
The Marketplace Subscription Fee is earned upon payment.
In certain instances, your payment date may change, for example if you change your Payment Method, or your Payment Method has not successfully settled.
To use your Marketplace Membership you must provide one or more Payment Methods. You authorize Wirestock to charge any Payment Method associated to your account.
You remain responsible for any uncollected amounts.
If a payment is not successful because your Payment Method is expired, for insufficient funds, or for any other reason, and you do not cancel your Marketplace Membership, Wirestock may suspend your Marketplace Subscription until Wirestock has successfully charged a valid Payment Method.
Please be aware that for some Payment Methods the issuer may charge you fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.
You can update your Payment Method by going to your "Account" page. Wirestock may also update your Payment Method with information provided by a payment service provider. If your Payment Method(s) is updated, you authorize Wirestock to continue to charge the Payment Method(s).
You may cancel your Marketplace Membership at any time by going to your "Account" page and following the instructions. If you cancel your Membership, you will still have access to your Membership through the end of your billing period, after which you will no longer have access to your Membership.

Refunds and Credits:

Payments made for Marketplace Subscription are nonrefundable. Wirestock will not give a credit or refund of any amount for partially used membership periods.
If you cancel your Marketplace Membership, you will continue to your Marketplace Subscription through the end of your current billing period.
Notwithstanding the foregoing, Wirestock reserves the right to provide a refund, discount, or other consideration ("Credit") to you or any other member, at any time, and for any reason. However, the decision to provide such Credit, including the amount and form, is at Wirestock’s sole discretion.
By providing a Credit to you in one instance does not entitle you to receive future Credit, nor does it obligate Wirestock to provide you such future Credit.

Membership Limitations:

If you sign-up for Marketplace Subscription it is for your personal and non-commercial use only and you may not share your access to your Marketplace Membership with other individuals.
You may access your Marketplace Membership primarily within the country in which you have established your account and only in geographic locations where Wirestock offers Marketplace Subscription.
You agree to use your Marketplace Membership in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service therein.
Wirestock may terminate or restrict your Marketplace Subscription if you violate these Terms of Service, are engaged in illegal or fraudulent use of Wirestock’s services.

Account Access:

The person who created your account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through your account. To maintain control over your account and prevent anyone from accessing your Marketplace Membership, you should maintain control over your Wirestock ready devices that are used to access your Marketplace Membership and not reveal your password to anyone.
You are responsible for updating and maintaining the accuracy of the information you provide to Wirestock relating to your account.
Wirestock may terminate your account or place your account on hold in order to protect you, Wirestock, or third parties from identity theft or other fraudulent activity.
Wirestock is not obligated to credit or refund you or provide you a discount for holds placed on your account by Wirestock.
If your Wirestock ready device is sold, lost, or stolen, please take steps to deactivate your Wirestock ready device.

Promo Codes:

Wirestock may, in its sole discretion, publish, distribute, market, or provide promotional codes (“Promo Codes”) that when applied to the purchase of Marketplace Subscription will discount the cost of Wirestock Subscription.
The time, place, and manner or method by which Wirestock publishes, distributes, markets, or provides the Promo Codes will be determined in Wirestock’s sole discretion.
The amount or percentage of discount offered will be determined in Wirestock’s sole discretion.
Promo Codes expire after a certain amount of time. When Promo Codes expire and how long the Promo Code is valid will be determined in Wirestock’s sole discretion.

Promo Codes are not retroactive for past purchases of Wirestock Subscription. Promo Codes can be applied only to future purchases if you are eligible and the Promo Code is not expired and still valid.

License Granted

With the exception of Free Content (discussed below), and subject to you paying the Marketplace Subscription Fee, Wirestock grants you a non-exclusive non-transferable, non-sublicensable, royalty-free right to use, modify (except as expressly prohibited herein), and reproduce the Work or Works worldwide, in perpetuity.

Free Content

Some Marketplace Content is free! This means that you can license and download certain Marketplace Content without purchasing a Marketplace Subscription. By downloading a Work that requires no Marketplace Subscription (“Free Content”), you agree to these Marketplace Terms in its entirety. You also agree and understand that Wirestock is granting you a license to Free Content as specified above (in the License Granted section). In other words, Free Content and a Work that requires a Marketplace Subscription, are granted the same license. Notwithstanding, if you license Free Content you agree that if and when you display the Free Content, in any form, forum, manner, or format, you will clearly display the following information about the Free Content (preferably directly below the Free Content): (1) the name of the author or creator of the Free Content; and (2) the source of the license (i.e., Wirstock.io). The foregoing is referred to as the “Attribution Obligation.”

You understand and agree that you are legally obligated to comply and fulfill the Attribution Obligation for any Free Content, and your failure to comply with and fulfill your Attribution Obligation is a breach of this Marketplace Terms, the TOS, and the license, for which Wirestock can pursue any remedy under law, or under this Marketplace Terms or the TOS.

Sole Recipient of License

The license to Marketplace Content granted herein is granted to the person who owns the Wirestock account purchasing or obtaining the Marketplace Content at the time the license is purchased or obtained from Wirestock. In other words, only you may use the Work as permitted herein. All other rights in any licensed Work are reserved by Wirestock, the Wirestock Contributor (defined below), or other rightsholder, as applicable. You are not allowed to let others use the Work. You may not sell, rent, give, resell, sublicense, or otherwise transfer any Work, except as provided herein, or sell, rent, give, resell, sublicense, or otherwise transfer any Work in a manner that would compete with the various license offerings by Wirestock.

Availability of Licensed Works

You are solely responsible for downloading a copy of the Work to which you purchased or obtained a license, and saving such copy. Works available for license through Wirestock may change periodically, in Wirestock’s sole discretion, and Wirestock is not responsible to you for the removal from Wirestock’s website of a Work you have previously licensed, and Wirestock is not responsible for providing you with a copy of a previously-licensed Work if you failed to sufficiently save a copy thereof. Wirestock may also remove Works from its website at any time in its sole discretion, without notice to you, regardless of whether you have purchased or obtained a license to a Work (e.g., a Work to be removed).

IP Rights

Other than the limited license rights provided in the License Granted section herein, nothing in this Marketplace Terms gives you any right, title, or interest in any of Wirestock’s or any Wirestock Contributor’s intellectual property, including, but not limited to, Wirestock’s or such Wirestock Contributor’s trademarks, copyrights (other than the rights granted in this Marketplace Terms to the Works), trade secrets, inventions (whether patentable or not), business methods, contact lists including customers and Wirestock Contributors, source code, knowhow, or any other intellectual property or information which Wirestock or such Wirestock Contributor owns or has the right to use (“IP Rights”). You agree that you will not use the Wirestock IP Rights in any manner unless expressly granted a license to do so in writing by Wirestock.

Releases

A Work or Works licensed by you may contain images or likeness of an identifiable person, trademark or logo, or certain distinctive property that is protected by intellectual property rights of Wirestock or any Wirestock Contributors. Each Work shall indicate on its license page whether a signed model or property release associated with the particular Work is on file with Wirestock (the “Release Notice”). If the Release Notice states that a signed model or property release is on file with Wirestock, then Wirestock has obtained a release associated with that particular Work. You shall refer to the Release Notice associated with a particular Work in order to determine whether releases were obtained by Wirestock. Wirestock will not provide you a copy of the release unless you request a copy from Wirestock by emailing it at support@wirestock.io.

Ownership of Work

As between you and Wirestock (or, as applicable, any Wirestock Contributor) Wirestock retains all rights, title, and interest in and to the Works (except for the licenses granted pursuant to this Marketplace Terms), and neither title nor any ownership interest in or to the Works is transferred to you as a result of this Marketplace Terms. As applicable, Wirestock or any Wirestock Contributor reserves all rights not granted to you through this Marketplace Terms.

Pricing and Payment

With the exception of Free Content, in order to license Works from Wirestock Marketplace, you must sign up and pay for a Marketplace subscription. Once you purchase the Marketplace Subscription for the amount required by Wirestock at the time you subscribe, you will have access to all of the Works in the Wirestock Marketplace at no further cost to you.

Representations and Warranties

You represent and warrant to Wirestock that:

any use of any Works licensed by you through the Marketplace, in accordance with these Marketplace Terms, will not infringe any rights of any third parties, including, but not limited to, intellectual property rights and rights of privacy or publicity, and will not be slanderous, libelous, defamatory, obscene, pornographic, indecent, violent, or discriminatory on the basis of age, sex, gender, religion, race, ethnicity, national origin, sexual orientation, or political view;
you will not use any Work featuring a human person in any way that is pornographic or sexual, or such that such person is seen as suffering from a physical or mental ailment, using drugs or alcohol, supporting or endorsing a certain political candidate, party, or cause, or engaging in immoral, improper, or criminal behavior;
any use of the Works by you will not be disparaging to the author of such Works or Wirestock in any way, or cause harm to, or reflect negatively on, Wirestock’s reputation or goodwill, Wirestock’s offered goods and services, the Website, Wirestock’s IP, or the Works;
you will not use any Editorial Work for commercial purposes unless you first seek permission from Wirestock and unless Wirestock grants you express written permission; and
you will not use any Work as part of a logo or trademark, or service mark.

Indemnification

You agree to indemnify and hold Wirestock harmless from any damage, liability, or cost (including reasonable attorneys’ fees and costs of defense) based on or arising out of your breach of this Marketplace Terms, your unauthorized use of a Work, or your conduct in relation to the Work. The foregoing indemnity is conditioned upon the indemnified party (i) providing notice in writing to the indemnifying party of any claim or potential claim no later than fourteen (14) business days from the date the indemnified party knows or reasonably should have known of the claim or potential claim, (ii) tendering control of the defense and/or settlement of such claim to the indemnifying party, and (iii) reasonably cooperating with the indemnifying party in the defense and/or settlement of such claim. Written notice to you will be emailed to the email address you provide Wirestock at the time you sign up for Wirestock.

Limitation of Liability

Neither party will be liable under this Marketplace Terms for any indirect, incidental, exemplary, special, punitive, or consequential damages including, without limitation, any loss of income, profits, or data, or diminution of value, even if the other party has been advised of, or had reason to know of, the possibility of such damages. You and Wirestock agree that Wirestock’s aggregate liability to you and all third parties in connection with or related to this Marketplace Terms, the Works, or the licenses granted hereunder shall be limited to general money damages not to exceed ten thousand U.S. dollars ($10,000.00). This limitation shall apply regardless of the cause of action or legal theory pled or asserted, including indemnification under this Marketplace Terms. The parties acknowledge that they have considered the allocation of risk presented by the provisions of this paragraph and that the allocation is reasonable under all facts and circumstances surrounding the Marketplace Terms.

Arbitration and No Class Actions

You and Wirestock agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to this Marketplace Terms or the TOS, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, shall be settled by binding arbitration before a single arbitrator.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules in effect on the date of the commencement of arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location we agree to. The language of the arbitration shall be English. The AAA rules will govern payment of all arbitration fees. However, each party shall bear its own costs and attorneys’ fees in the arbitration. Both parties agree that the following claims are exceptions to the agreement to arbitrate and will be brought in a judicial proceeding: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyberattack).

This arbitration provision will survive termination of this Marketplace Terms or any applicable terms.

You and Wirestock agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Wirestock agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Wirestock acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this Marketplace Terms.

No Agency; No Third-Party Beneficiaries

For clarification purposes, you and Wirestock are not joint venturers, partners, principal and agent, or employer and employee. Neither you nor Wirestock has the power to bind or obligate the other in any manner. Nothing in this Marketplace Terms, express or implied, is intended to or shall confer upon any third person or entity any rights, benefits, or remedies of any nature whatsoever.

No Waiver; Severability; Headings

You agree that Wirestock’s failure or delay in enforcing or exercising any of these terms is not a waiver of that term or any other term, unless explicitly in writing by Wirestock. A waiver of a right from this Marketplace Terms in one instance is not to be construed as a waiver of future instances. In the event that any of the provisions contained in this Marketplace Purchase Terms is, for any reason, held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of this Marketplace Terms, and this Marketplace Purchase Terms will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

Taxes

If Wirestock is required to collect any taxes in relation to this Marketplace Terms, or content licensed by you, you shall be liable for payment of any such tax.

Terms of Service

These terms of service (referred to as “Marketplace Terms”) applies to your use and access of the Wirestock Marketplace. The Marketplace Terms also apply to your Marketplace Subscription. Please read the Marketplace Terms carefully before you use the Wirestock Marketplace. Among other things, the Marketplace Terms applies to templates, photographs, images, vectors, moving images, illustrations, 3D assets (such as models, materials, lights, and animations), animations, films, videos, audio/visual works, other media, and any other pictorial or graphic works or other works of authorship, including all associated keywords, descriptions, credits, captions, data, and other information that Wirestock provides or licenses to you (each, a “Work” and collectively, “Work(s)”).

This Marketplace Terms are supplementary to Wirestock’s Terms of Use (the “TOS”), which can be found here, and the TOS are hereby incorporated by reference into this Marketplace Terms. In the event of a conflict between these Marketplace Terms and those of the TOS, the terms of this Marketplace Terms shall control.

Wirestock Marketplace Subscription

With the exception of Free Content (discussed below), to License a Work or Works from the Wirestock Marketplace, you will need to first subscribe to the Wirestock Marketplace and pay Wirestock the monthly or yearly subscription amount (“Marketplace Subscription”), which amount will be determined by Wirestock in its sole discretion. The following apply to Marketplace Subscriptions, and are in addition to the terms contained herein:

Marketplace Subscription:

Your Wirestock Marketplace Subscription ("Marketplace Membership") will continue and automatically renew until terminated.
You must provide us with one or more Payment Methods. "Payment Method" means a current, valid, and accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
If you wish to cancel your Marketplace Membership, you must do so before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method.
Wirestock Marketplace Subscription may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Marketplace Membership by visiting Wirestock.io, signing in, and clicking on the "Account" link at the top of the page.
Wirestock may from time to time offer promotional offers for Marketplace Subscription. Offer eligibility is determined by Wirestock at its sole discretion and Wirestock reserves the right to recover any promotional offer and put your account on hold if Wirestock determines you are not eligible. Eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the promotional offer or in other communications made available to you.
Wirestock reserves the right to change Marketplace Subscription, including by adjusting pricing or any components thereof in any manner and at any time Wirestock may determine in its sole discretion. Except as otherwise expressly provided for herein, any price changes or changes to your Marketplace Membership will take effect after notice to you.

Billing and Cancellation:

The cost for Marketplace Subscription (the "Marketplace Subscription Fee") and any other charges you may incur in connection with your use of Wirestock’s service, such as taxes or transaction fees, will be charged by Wirestock to your Payment Method on the date indicated on your "Account" page.
The Marketplace Subscription Fee is earned upon payment.
In certain instances, your payment date may change, for example if you change your Payment Method, or your Payment Method has not successfully settled.
To use your Marketplace Membership you must provide one or more Payment Methods. You authorize Wirestock to charge any Payment Method associated to your account.
You remain responsible for any uncollected amounts.
If a payment is not successful because your Payment Method is expired, for insufficient funds, or for any other reason, and you do not cancel your Marketplace Membership, Wirestock may suspend your Marketplace Subscription until Wirestock has successfully charged a valid Payment Method.
Please be aware that for some Payment Methods the issuer may charge you fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.
You can update your Payment Method by going to your "Account" page. Wirestock may also update your Payment Method with information provided by a payment service provider. If your Payment Method(s) is updated, you authorize Wirestock to continue to charge the Payment Method(s).
You may cancel your Marketplace Membership at any time by going to your "Account" page and following the instructions. If you cancel your Membership, you will still have access to your Membership through the end of your billing period, after which you will no longer have access to your Membership.

Refunds and Credits:

Payments made for Marketplace Subscription are nonrefundable. Wirestock will not give a credit or refund of any amount for partially used membership periods.
If you cancel your Marketplace Membership, you will continue to your Marketplace Subscription through the end of your current billing period.
Notwithstanding the foregoing, Wirestock reserves the right to provide a refund, discount, or other consideration ("Credit") to you or any other member, at any time, and for any reason. However, the decision to provide such Credit, including the amount and form, is at Wirestock’s sole discretion.
By providing a Credit to you in one instance does not entitle you to receive future Credit, nor does it obligate Wirestock to provide you such future Credit.

Membership Limitations:

If you sign-up for Marketplace Subscription it is for your personal and non-commercial use only and you may not share your access to your Marketplace Membership with other individuals.
You may access your Marketplace Membership primarily within the country in which you have established your account and only in geographic locations where Wirestock offers Marketplace Subscription.
You agree to use your Marketplace Membership in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service therein.
Wirestock may terminate or restrict your Marketplace Subscription if you violate these Terms of Service, are engaged in illegal or fraudulent use of Wirestock’s services.

Account Access:

The person who created your account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through your account. To maintain control over your account and prevent anyone from accessing your Marketplace Membership, you should maintain control over your Wirestock ready devices that are used to access your Marketplace Membership and not reveal your password to anyone.
You are responsible for updating and maintaining the accuracy of the information you provide to Wirestock relating to your account.
Wirestock may terminate your account or place your account on hold in order to protect you, Wirestock, or third parties from identity theft or other fraudulent activity.
Wirestock is not obligated to credit or refund you or provide you a discount for holds placed on your account by Wirestock.
If your Wirestock ready device is sold, lost, or stolen, please take steps to deactivate your Wirestock ready device.

Promo Codes:

Wirestock may, in its sole discretion, publish, distribute, market, or provide promotional codes (“Promo Codes”) that when applied to the purchase of Marketplace Subscription will discount the cost of Wirestock Subscription.
The time, place, and manner or method by which Wirestock publishes, distributes, markets, or provides the Promo Codes will be determined in Wirestock’s sole discretion.
The amount or percentage of discount offered will be determined in Wirestock’s sole discretion.
Promo Codes expire after a certain amount of time. When Promo Codes expire and how long the Promo Code is valid will be determined in Wirestock’s sole discretion.

Promo Codes are not retroactive for past purchases of Wirestock Subscription. Promo Codes can be applied only to future purchases if you are eligible and the Promo Code is not expired and still valid.

License Granted

With the exception of Free Content (discussed below), and subject to you paying the Marketplace Subscription Fee, Wirestock grants you a non-exclusive non-transferable, non-sublicensable, royalty-free right to use, modify (except as expressly prohibited herein), and reproduce the Work or Works worldwide, in perpetuity.

Free Content

Some Marketplace Content is free! This means that you can license and download certain Marketplace Content without purchasing a Marketplace Subscription. By downloading a Work that requires no Marketplace Subscription (“Free Content”), you agree to these Marketplace Terms in its entirety. You also agree and understand that Wirestock is granting you a license to Free Content as specified above (in the License Granted section). In other words, Free Content and a Work that requires a Marketplace Subscription, are granted the same license. Notwithstanding, if you license Free Content you agree that if and when you display the Free Content, in any form, forum, manner, or format, you will clearly display the following information about the Free Content (preferably directly below the Free Content): (1) the name of the author or creator of the Free Content; and (2) the source of the license (i.e., Wirstock.io). The foregoing is referred to as the “Attribution Obligation.”

You understand and agree that you are legally obligated to comply and fulfill the Attribution Obligation for any Free Content, and your failure to comply with and fulfill your Attribution Obligation is a breach of this Marketplace Terms, the TOS, and the license, for which Wirestock can pursue any remedy under law, or under this Marketplace Terms or the TOS.

Sole Recipient of License

The license to Marketplace Content granted herein is granted to the person who owns the Wirestock account purchasing or obtaining the Marketplace Content at the time the license is purchased or obtained from Wirestock. In other words, only you may use the Work as permitted herein. All other rights in any licensed Work are reserved by Wirestock, the Wirestock Contributor (defined below), or other rightsholder, as applicable. You are not allowed to let others use the Work. You may not sell, rent, give, resell, sublicense, or otherwise transfer any Work, except as provided herein, or sell, rent, give, resell, sublicense, or otherwise transfer any Work in a manner that would compete with the various license offerings by Wirestock.

Availability of Licensed Works

You are solely responsible for downloading a copy of the Work to which you purchased or obtained a license, and saving such copy. Works available for license through Wirestock may change periodically, in Wirestock’s sole discretion, and Wirestock is not responsible to you for the removal from Wirestock’s website of a Work you have previously licensed, and Wirestock is not responsible for providing you with a copy of a previously-licensed Work if you failed to sufficiently save a copy thereof. Wirestock may also remove Works from its website at any time in its sole discretion, without notice to you, regardless of whether you have purchased or obtained a license to a Work (e.g., a Work to be removed).

IP Rights

Other than the limited license rights provided in the License Granted section herein, nothing in this Marketplace Terms gives you any right, title, or interest in any of Wirestock’s or any Wirestock Contributor’s intellectual property, including, but not limited to, Wirestock’s or such Wirestock Contributor’s trademarks, copyrights (other than the rights granted in this Marketplace Terms to the Works), trade secrets, inventions (whether patentable or not), business methods, contact lists including customers and Wirestock Contributors, source code, knowhow, or any other intellectual property or information which Wirestock or such Wirestock Contributor owns or has the right to use (“IP Rights”). You agree that you will not use the Wirestock IP Rights in any manner unless expressly granted a license to do so in writing by Wirestock.

Releases

A Work or Works licensed by you may contain images or likeness of an identifiable person, trademark or logo, or certain distinctive property that is protected by intellectual property rights of Wirestock or any Wirestock Contributors. Each Work shall indicate on its license page whether a signed model or property release associated with the particular Work is on file with Wirestock (the “Release Notice”). If the Release Notice states that a signed model or property release is on file with Wirestock, then Wirestock has obtained a release associated with that particular Work. You shall refer to the Release Notice associated with a particular Work in order to determine whether releases were obtained by Wirestock. Wirestock will not provide you a copy of the release unless you request a copy from Wirestock by emailing it at support@wirestock.io.

Ownership of Work

As between you and Wirestock (or, as applicable, any Wirestock Contributor) Wirestock retains all rights, title, and interest in and to the Works (except for the licenses granted pursuant to this Marketplace Terms), and neither title nor any ownership interest in or to the Works is transferred to you as a result of this Marketplace Terms. As applicable, Wirestock or any Wirestock Contributor reserves all rights not granted to you through this Marketplace Terms.

Pricing and Payment

With the exception of Free Content, in order to license Works from Wirestock Marketplace, you must sign up and pay for a Marketplace subscription. Once you purchase the Marketplace Subscription for the amount required by Wirestock at the time you subscribe, you will have access to all of the Works in the Wirestock Marketplace at no further cost to you.

Representations and Warranties

You represent and warrant to Wirestock that:

any use of any Works licensed by you through the Marketplace, in accordance with these Marketplace Terms, will not infringe any rights of any third parties, including, but not limited to, intellectual property rights and rights of privacy or publicity, and will not be slanderous, libelous, defamatory, obscene, pornographic, indecent, violent, or discriminatory on the basis of age, sex, gender, religion, race, ethnicity, national origin, sexual orientation, or political view;
you will not use any Work featuring a human person in any way that is pornographic or sexual, or such that such person is seen as suffering from a physical or mental ailment, using drugs or alcohol, supporting or endorsing a certain political candidate, party, or cause, or engaging in immoral, improper, or criminal behavior;
any use of the Works by you will not be disparaging to the author of such Works or Wirestock in any way, or cause harm to, or reflect negatively on, Wirestock’s reputation or goodwill, Wirestock’s offered goods and services, the Website, Wirestock’s IP, or the Works;
you will not use any Editorial Work for commercial purposes unless you first seek permission from Wirestock and unless Wirestock grants you express written permission; and
you will not use any Work as part of a logo or trademark, or service mark.

Indemnification

You agree to indemnify and hold Wirestock harmless from any damage, liability, or cost (including reasonable attorneys’ fees and costs of defense) based on or arising out of your breach of this Marketplace Terms, your unauthorized use of a Work, or your conduct in relation to the Work. The foregoing indemnity is conditioned upon the indemnified party (i) providing notice in writing to the indemnifying party of any claim or potential claim no later than fourteen (14) business days from the date the indemnified party knows or reasonably should have known of the claim or potential claim, (ii) tendering control of the defense and/or settlement of such claim to the indemnifying party, and (iii) reasonably cooperating with the indemnifying party in the defense and/or settlement of such claim. Written notice to you will be emailed to the email address you provide Wirestock at the time you sign up for Wirestock.

Limitation of Liability

Neither party will be liable under this Marketplace Terms for any indirect, incidental, exemplary, special, punitive, or consequential damages including, without limitation, any loss of income, profits, or data, or diminution of value, even if the other party has been advised of, or had reason to know of, the possibility of such damages. You and Wirestock agree that Wirestock’s aggregate liability to you and all third parties in connection with or related to this Marketplace Terms, the Works, or the licenses granted hereunder shall be limited to general money damages not to exceed ten thousand U.S. dollars ($10,000.00). This limitation shall apply regardless of the cause of action or legal theory pled or asserted, including indemnification under this Marketplace Terms. The parties acknowledge that they have considered the allocation of risk presented by the provisions of this paragraph and that the allocation is reasonable under all facts and circumstances surrounding the Marketplace Terms.

Arbitration and No Class Actions

You and Wirestock agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to this Marketplace Terms or the TOS, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, shall be settled by binding arbitration before a single arbitrator.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules in effect on the date of the commencement of arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location we agree to. The language of the arbitration shall be English. The AAA rules will govern payment of all arbitration fees. However, each party shall bear its own costs and attorneys’ fees in the arbitration. Both parties agree that the following claims are exceptions to the agreement to arbitrate and will be brought in a judicial proceeding: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyberattack).

This arbitration provision will survive termination of this Marketplace Terms or any applicable terms.

You and Wirestock agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Wirestock agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Wirestock acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this Marketplace Terms.

No Agency; No Third-Party Beneficiaries

For clarification purposes, you and Wirestock are not joint venturers, partners, principal and agent, or employer and employee. Neither you nor Wirestock has the power to bind or obligate the other in any manner. Nothing in this Marketplace Terms, express or implied, is intended to or shall confer upon any third person or entity any rights, benefits, or remedies of any nature whatsoever.

No Waiver; Severability; Headings

You agree that Wirestock’s failure or delay in enforcing or exercising any of these terms is not a waiver of that term or any other term, unless explicitly in writing by Wirestock. A waiver of a right from this Marketplace Terms in one instance is not to be construed as a waiver of future instances. In the event that any of the provisions contained in this Marketplace Purchase Terms is, for any reason, held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of this Marketplace Terms, and this Marketplace Purchase Terms will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

Taxes

If Wirestock is required to collect any taxes in relation to this Marketplace Terms, or content licensed by you, you shall be liable for payment of any such tax.