stocknotstock Terms of Service

OVERVIEW

This website (“Site”) is operated by stocknotstock limited (“stocknotstock”), a limited liability company registered in New Zealand, which makes available a collection of photographs and other content (collectively “Content”) to its registered and non-registered users. Throughout the Site, the terms “we”, “us” and “our” refer to stocknotstock.

By visiting the Site and/or purchasing or accessing any Content from this Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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. Your use of Content is subject to the stocknotstock licence (“Licence”). Do not use the Content if you do not agree to abide by the Licence.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES.

Our Site is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our Content to you. 

SECTION 1 - ACCESS TO, AND USE OF, THE SERVICE AND CONTENT

By agreeing to these Terms of Service, you represent that you are at least 18 years old.

You will not use the Content or any other part of the Service for any illegal or unauthorised purpose nor will you, in the use of the Service, violate any laws in New Zealand or the country in which you are accessing the Service (including but not limited to copyright laws).

You are responsible for obtaining access to the Service and that access may involve third party fees (such as fees for internet access). You are totally responsible for obtaining such access and paying those fees.

You must not transmit any worms or viruses or any code of a destructive nature. You must not transmit or allow access or distribution of any spiders, robots, or other information gathering computer programs or routines or their equivalents on or in the Service. You must not interfere or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

If you register as a user of this Site, you are totally responsible for any activity that takes place under your name and password. If you become aware of any unauthorised use of your username or password it is your responsibility to notify stocknotstock immediately. It is up to you to maintain the confidentiality of your password and username.

You must not impersonate another person or entity, which includes not using anyone else’s username or password. You must not retrieve, store or collect personal information about other users for any unauthorised purpose. You will not create member accounts under any false or fraudulent pretences (including by automated means).

You consent to stocknotstock providing you with Site-related communications such as announcements and administrative notices. You may opt out of Content-delivery emails to the extent that we send these emails to you.

You are solely responsible for your own communications and use of the Content.

SECTION 2 - GENERAL CONDITIONS

A breach or violation of any of the Terms of Service may result in us immediately terminating the provision of Services to you.

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.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us. You will not modify or delete any Content and communications on the Site.

You will not use the stocknotstock name or trade mark, which you acknowledge here to be valid, subsisting, and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that stocknotstock is associated with, or endorses, or is in any way connected with you, your business, or your content. 

You acknowledge that: (a) the Site (including the Content) is the copyright of stocknotstock or its licensors; and (b) any third party content (“Third Party Content”) is the copyright of the relevant third party provider of that Third Party Content, or their licensors. No part of the Site may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form): (a) without our prior written consent; or (b) except as otherwise permitted under the Licence. 

You may include links from the Site to your site. stocknotstock reserves the right to prohibit you from linking to our Site at any time, and you must remove or cease any link at our request. You will not frame any part of the Site material by including advertising or other revenue generating material.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Content and other products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

To the maximum extent permitted by law, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new stocknotstock properties and special features, will be subject to the Terms of Service. 

SECTION 5 - CONTENT

Content is made available to you through the Site.

Due to variations in screen displays, printers and other output devices we cannot guarantee that any reproduction or publication of the Content will be an accurate reproduction or publication of the Content that you purchase or access from us.

We may limit the sales of our Content or access to our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to place limits on how you use the Content that we offer. All descriptions of Content and pricing are subject to change at anytime without notice, at our sole discretion We reserve the right to discontinue any Content at any time.

Subject to our obligations under New Zealand law, we do not warrant that the quality of any Content purchased or accessed by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, change or cancel any order you place with us. 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.

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 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY MATERIALS AND LINKS

Our Service and/or Content may include materials from third-parties, including advertisements, which you agree to receive as part of your use of the Service.

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 (including advertisements) or websites, or for any other materials, products, or services of third-parties 

We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party materials (including advertisements) or 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 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), 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. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory 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 10 - PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy, please click here.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

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, 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).

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 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content (including the Content): (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any New Zealand law, or 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 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

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.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. To the maximum extent permitted by law, the Service and all Content and any other 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.

In no case shall stocknotstock, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect or consequential losses or 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 Content or other products procured using the Service, or for any other claim related in any way to your use of the Service or any Content or other products, including, but not limited to, any errors or omissions in any Content or other products, or any loss or damage of any kind incurred as a result of the use of the Service or any Content or other products posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. If stocknotstock becomes liable to you for any form of loss or damage, stocknotstock’s maximum aggregate liability to you will not exceed the fees paid by you to access the Service and/or for Content or other products purchased by you on the Site, in the three months prior to the time the liability arises. 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless stocknotstock and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

 n the event that any provision of these Terms of Service 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 Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

These Terms of Service 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.

 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service 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 you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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 New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service 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 Site and we will use reasonable commercial endeavours to notify you of these updates and changes. It is your responsibility to check our Site periodically for updates and changes. Your continued use of or access to our Site or the Service following any updates or changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to the updates or changes to these Terms of Service, you may terminate these Terms of Service immediately by emailing us at the email address below.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@stocknotstock.com