Terms of Service

Dear User,

The following is a legal agreement between you, the company you represent or other entity on whose behalf you are entering into this agreement, hereon referred to as "you" or  "user" and ELEMENT STOCK, which is a brand name of ELEMENT VISUALIZATIONS LTD with company details as below. Throughout the site, the terms “we”, “us” and “our” refer to ELEMENT STOCK.

By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These terms control your rights and obligations with respect to all image licenses obtained from ELEMENT STOCK.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these TOS. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. If you do not agree with any of the changes, do not download or 
use any images.

Cutout images of people, skies and other elements are hereon referred to as “images” or "cutouts". 
The architectural visualizations into which the cut out are put are referred to as 
“architectural visualizations”.

A license is valid to use by a company under one company name. Different companies with the same owner still need individual licenses.

SECTION 1 – IMAGE LICENSE

We grant the customer a non-exclusive, non-transferable right to use, and 
reproduce images in the Library worldwide as permitted by the applicable license and 
subject to the limitations set forth herein:

  1. Images can only be used in architectural visualization where the main focus is on the architectural project. 
  2. Images can be used in architectural visualizations for both commercial and non-commercial use. 
  3. You only have the right to include images from the library in new visualizations when you have an active license.

You may not: 

  1. Use images in other ways than ruled by this license. 
  2. Portray any person depicted in images in a way that a reasonable person would find offensive. 
  3. Use images in a way that indicates political affiliation of the person depicted. 
  4. Resell, redistribute, provide access to, share or transfer any images except as specifically provided herein. For example use images in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition. 

SECTION 2 - LIABILITY

  1. ELEMENT STOCK shall not be liable for any damages, costs or losses arising as a result of modifications made to the images or due to the context in which you use the images. 
  2. You will indemnify and hold ELEMENT STOCK harmless against any damages or liability of any kind arising from any use of the images other than the uses specifically permitted by these TOS. You further agree to indemnify ELEMENT STOCK for all costs and expenses that ELEMENT STOCK incurs in the event that you breach any of the terms of this or any other agreement with ELEMENT STOCK. 

SECTION 3 - PAYMENT

  1. Payments are serviced by PayLane sp. z o.o. which is located in Gdańsk, Poland at ul. Norwida 4, zip code: 80-280, company number: 0000227278. 
  2. We use PayLane online card payments. A payment link will be sent to you after placing an order on our website. By placing the order you agree to pay the amount specified on the order page.
  3. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

  1. Prices for our products are subject to change without notice. 
  2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

  1. We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 5 - PRODUCTS OR SERVICES 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

SECTION 6 - THIRD-PARTY LINKS 

  1. Certain content, products and services available via our Service may include materials from third-parties.
  2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

  1. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise , you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
  2. We are and shall be under no obligation to: maintain any comments in confidence, pay compensation for any comments, respond to any comments. 
  3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

    SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS 

    1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
    2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

    SECTION 9 - PROHIBITED USES 
    In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

    SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

    1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
    2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
    3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    5. In no case shall ELEMENT STOCK, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    SECTION 15 - SEVERABILITY 
    In the event that any provision of these TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.

    SECTION 16 - TERMINATION 

    1. These TOS are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
    2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny your access to our Services (or any part thereof).

    SECTION 18 - GOVERNING LAW 
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

    SECTION 19 - CHANGES TO TERMS OF SERVICE 
    You can review the most current version of the TOS at any time at this page. 
    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

    SECTION 20 – OTHER TERMS

    1. Except when required by law, ELEMENT STOCK shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. In the event that ELEMENT STOCK determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. 
    2. If ELEMENT STOCK is required to collect taxes such as sales tax, value-added tax, goods and services tax or other taxes under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where ELEMENT STOCK is not required to collect indirect tax from you, you may be required to self-assess said tax under the laws of your country of residence.
    3. "Non-transferable" as used herein means that except as specifically provided in these Terms of Service, you may not sell, rent, give, sublicense, or in any other way transfer to anyone, images or the right to use images. You agree to take all commercially reasonable steps to prevent third parties from duplicating any images.
    4. You hereby grant ELEMENT STOCK a worldwide, non-exclusive, limited license to use your trademarks in ELEMENT STOCK’s promotional materials, including a public customer list. ELEMENT STOCK agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt of such a request. Email any such request to hello@element-stock.com
    5. If any individual term of these TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited only to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these TOS, so that these TOS shall otherwise remain in full force and effect.
    6. Except as specifically set forth herein, ELEMENT STOCK grants no rights and makes no warranties, with regard to the use of personally identifiable information , trademarks, trade dress or copyrighted designs depicted in any image. ELEMENT STOCK only has model releases for all images with faces fully visible.

    CONTACT 
    For more information about our Terms of Service, if you have questions, or if you would like to make a complaint, please contact us by e‑mail: hello@element-stock.com

    ELEMENT VISUALIZATIONS LTD
    85 Great Portland Street, First Floor
    London, W1W7LT, United Kingdom

    DATE 
    13.07.2019