Terms of service
Dear Clickstosale visitor and subscriber:
Even clickstosale.com makes all reasonable steps to insure that you as the visitor or as a subscriber are happy yet we feel that it is important to have this document to outline “Terms of Service”.
The following “Terms of Service” establishes an agreement between (you) Customer and “Clickstosale “( 1B Ltd &”Clickstosale”) setting onward the rights & obligations with respect to any Visual Content licensed by you from “Clickstosale” website, Or provided to you as part of our service.
By agreeing to the “Terms of Service”, you agree that these terms control your rights and obligations with respect to all Visual Content licenses set forth herein, notwithstanding the subscription or license you may be purchasing today.
Please revisit these “Terms of Service” when you purchase any Visual Content from “Clickstosale” website.
This document is a legal agreement between “us” (1B Ltd & clickstosale.com) you & or your employer or employee of your business or other entity on whose behalf you are entering into this agreement (“you” or “Customer”) and:
- If you are a new customer or you are an existing customer in the United States or Canada, Australia, New Zealand
- 1B LTD is a New Zealand based company with offices in Auckland 10/22 Northcross Drive, Auckland 0632 and a virtual office in Brisbane (Australia). Our team embraces “virtual type of employment”.
In either case or situation, referred to hereafter as “Clickstosale .
You by entering into this agreement with “Clickstosale”, verify that your country of residence is the same as your billing address.
- “Images & or illustrations” means any of vectors, drawings and the like available including all types of still images for a license from the “Clickstosale” website.
- “Footages or videos” means any moving images, animations, videos or any other types of visual representations, excluding still images, recorded in any format that is available for license from the “Clickstosale” website.
- Combinations of the above provided to you as part of “Clickstosale” service.
The above can also be referred as “Visual Content” by “Clickstosale” on other platforms or media.
Chapter “A” Visual Content Licenses by “Clickstosale”
- Image Licenses
- Footage or animations Licenses
- Restrictions on Use of Visual Content
Chapter “B” Warranties and Representations
Chapter “C” Indemnification and Liability
Chapter “D” Additional Terms
Chapter “A” Visual content licences
On the purchase of Visual Content “Clickstosale” hereby grants you (& or your employer or employee of your business) a non-exclusive, non-transferable right to use, modify and reproduce Visual Content globally as expressly permitted by the applicable license and subject to the limitations set forth herein:
A. Image licences by “Clickstosale”
- A standard image licence grants you the right to use Images you purchase from “Clickstosale”:
- On websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications, on video-sharing services such as YouTube, Dailymotion, Vimeo, Wistia etc)
- Printed in/as hard copies as part of your product packaging and labelling, letterheads and or business cards, the point of sale advertising, billboards, DVD’ covers art including magazines, newspapers, and books.
- Incorporated into your product films, videos, television series, advertisements, or other multimedia productions for distribution in any medium now known or hereafter
- For your own personal or commercial use (not for resale, download, distribution, or any commercial use of any kind).
- An enhanced image licence grants you the right to use images purchased from “Clickstosale”:
- In any fashion permitted under our “Standard Image License”, without any limitations on the number of impressions.
- Incorporated into your merchandise or promotional items for sale or distribution.
- Incorporated as elements of digital templates for sale or distribution.
B. Footage Licences
A footage licence of video or animation you purchased from “Clickstosale” grants you the right to use Footage or animation:
- in Productions;
- in connection with live events;
- on websites;
- on your social media channels.
C. Credit and copyrights notices
- The use of Visual Content in an “editorial” context, shall be accompanied by an adjacent credit to the “Clickstosale” contributor and to “Clickstosale” in substantially the following form: ”clickstosale.com”
- If and where commercially reasonable, the use of Visual Content in Merchandise or a Production shall be accompanied by a credit to “Clickstosale” in substantially the following form:
“Image(s) or Footage (as applicable), used under license from “clickstosale.com”
Chapter “B” Warranties and Representations
- “Clickstosale” warrants and represents that:
- “Clickstosale”’s contributors have granted “Clickstosale” all necessary rights in and to the Visual Content to grant the rights set forth in Chapter 1 as applicable.
- Visual Content in its original unaltered form and used in full compliance with these “Terms of Service” and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties’ rights of privacy or publicity; iii) violate any law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
- While “Clickstosale” makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions if you spot a mistake please notify us.
Chapter “C” Indemnity and Liability
- Subject to the terms and conditions, and provided that you have not breached the terms of this or any other agreement with “Clickstosale”
- “Clickstosale” shall not be liable for any damages, costs or losses arising as a result of use or modifications made to the Visual Content or due to the context in which the Visual Content is used by you.
Chapter “D” Additional Terms
- Clickstosale” shall be under no obligation to issue refunds under any circumstances. In the event that “Clickstosale” 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.
- “Non-transferable” as used here means that except as specifically provided in these “Terms of Service” you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Visual Content or the right to use Visual Content.
You may however, make a one-time transfer of Visual Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Visual Content subject to the terms and conditions herein. If you become aware that any Social Media Website uses any Visual Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Visual Content from such Social Media Site, and to promptly notify “Clickstosale” of each such Social Media Website’s use.
You agree to take all commercially reasonable steps to prevent third parties from duplicating any Visual Content. If you become aware of any unauthorized duplication of any Visual Content please notify us via email at firstname.lastname@example.org
- If you use any Visual Content as part of work product created for or delivered to a client, you will disclose the identities of such clients to “Clickstosale”, upon “Clickstosale”’s reasonable request.
- If you are entering into these “Terms of Service” on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so.
In the event that you do not have such authority, you agree that you will be personally liable to “Clickstosale” for any breaches of the terms of these “Terms of Service”.
- The number of Visual Content downloads available to you is determined by the product you purchase. For the purposes of these “Terms of Service”, “a day” is defined as the twenty four (24) hour period beginning at the time your product is purchased and downloaded. A month is defined as thirty (30) consecutive days beginning on and including the date that you purchase the product.
- If any individual term of these “Terms of Service” is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the “Terms of Service”, so that these “Terms of Service” shall otherwise remain in full force and effect.
- It is expressly understood and agreed that this “Terms of Service” is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this “Terms of Service” as to third parties.
- In the event that you breach any of the terms of this or any other agreement with “Clickstosale”, “Clickstosale” shall have the right to terminate your account without further notice, in addition to “Clickstosale”’s other rights at law and/or equity. “Clickstosale” shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
- Except as expressly set forth herein, “Clickstosale” grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be visible in the Visual Content, music or other audio in footage, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Visual Content. “Clickstosale” only has model or property releases where expressly indicated on the “Clickstosale” website.
- “Clickstosale”’s liability under any individual license purchased hereunder shall not exceed the “Limit of Liability” applicable to the license in effect at the time customer knows or should have known of the claim, and is without regard to the number of times the subject Visual Content is licensed or used by you.
- Except as specifically provided in Chapter “C” hereof, in no event, will “Clickstosale”’s total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the “Clickstosale” websites and/or Visual Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by “Clickstosale” from you for the applicable Visual Content license.
- Neither “Clickstosale” nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Visual Content, “Clickstosale”’s breach of this agreement, or otherwise, unless expressly provided for herein, even if “Clickstosale” has been advised of the possibility of such damages, costs or losses.
- Except as expressly set forth in Chaper “B”, all Visual Content is provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Visual Content may contain elements that require additional clearance if the Visual Content is modified or used in a particular context. If you make such modification or use Visual Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
- “Clickstosale” does not warrant that the Visual Content provided by “Clickstosale” website, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Visual Content is only with you.
- In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting “Clickstosale”, “Clickstosale” will promptly file a complaint.