How can we help you?
1. Information about Pocketstock
The Website is a site operated by Pocketstock Limited (“Pocketstock”, “we”). We are registered in England and Wales under company number 07720544 and have our registered office at 19A Goodge Street, London W1T 2PH, United Kingdom. Our main business address is 78 Liverpool Road, London N1 0QD, United Kingdom. Our VAT number is GB 119 8125 10. We are a limited company.
2. Accessing and using the website
Access to the Website and any part thereof is permitted on a temporary basis, and we reserve the right, in our sole discretion, to withdraw or amend any or all of the services we provide on the Website without notice or liability to you. Pocketstock will not be liable if for any reason the Website is unavailable at any time or for any period.
Access to some parts of the Website, including but not limited to the sections that allow users to upload or download Works onto or from the Website in accordance with the relevant Pocketstock Content Supply Agreements and Pocketstock End User Licence Agreements and the ability to access their respective user accounts (“Membership Accounts”), is restricted to Members.
You agree and warrant that you will not use the Website or the material (including the organisation and presentation of such material) published on it (“Materials”):
3. Children and legal authority
Children (persons under the age of 18) are not eligible to register as a Member or otherwise use this Website. By using this Website or registering as a Member you warrant and represent that you are 18 years of age or older and that you are able to enter into legally binding contracts under applicable law.
4. Registration as a member and use of membership account
When you register to become a Member of the Website you will choose, or you will be provided with, an available user name (“Membership Name”) and a corresponding identification code, password or other piece of information as part of our security procedures (“Membership Password”). You must treat your Membership Name and your Membership Password as confidential, and you must not disclose it to any third party.
Your Membership Account, Membership Name and Membership Password are personal to you. You are responsible for any use of them and you are not allowed to share them, or transfer them to any person or entity.
A Member shall only upload Works to or download Works from the Website through his or her Membership Account and only in accordance with the relevant applicable Pocketstock End User Licence Agreement or Pocketstock Content Supply Agreement, as the case may be. All uploads or posting by you of Works or any other material or content to the Website will also be subject to Pocketstock’s Submission Essentials, as amended from time to time.
If you are uploading or downloading Works from and to the Website using any Pocketstock computer applications from time to time (“Apps”) you shall only do so in accordance with all relevant application end user licence agreements including the Pocketstock Application (App) End User Licence (coming soon).
We will not be responsible, or liable to any third party, for any Works, materials or content uploaded to or posted on the Website by you, whether through or using your Membership Account or otherwise and whether in terms of content, accuracy or for any other reason. Pocketstock reserves the right, in its sole discretion, to accept, deny, move, edit, modify, adopt, delete or remove Works and any other material or content uploaded to or posted on the Website by you without prior notice.
5. Preloaded cash
“Preloaded cash” is a credit system run by Pocketstock and used from time to time, where a member is given a certain level of credit on account, known as “Preloaded cash”. Any credit has an expiration date at which time the credit is withdrawn. The expiration date is clearly shown on the client dashboard of each member. No refunds or extensions are permitted with “preloaded cash” so it is the members responsibility to use the credit in time or lose it.
Pocketstock may agree, but has no obligation, to preload your member account with a credit (preloaded cash). This credit can only be used for purchase of works available for sale through www.pocketstock.com.
“Preloaded cash” can be used to purchase works from the website, or used to part pay for works from the website. If part payment is made, the member will be required to pay any outstanding balance before any works can be downloaded and used by the member.
Any “preloaded cash” is not transferable, nor is it available to be withdrawn or removed from the Pocketstock website in any way whatsoever. For the avoidance of doubt, "preloaded cash" is not actual cash but credit and only available to certain members as part of a Pocketstock promotion run from time to time.
6. Suspension and termination of membership accounts
You may at any time terminate your Membership Account by logging into your Membership Account and following the termination instructions accessible from the dashboard of your Membership Account.
Upon termination of your Membership Account:
7. Intellectual property
We are the owner or the licencee of all intellectual property in the Website and in the Materials. These are protected by intellectual property laws and treaties around the world, including but not limited to laws relating to copyrights, trade-marks, trade-names, internet domain names around the world. All such rights are expressly reserved.
You may in particular not use, reproduce, display, create derivative works from or otherwise exploit any Works that are published on the Website unless you have entered into a Pocketstock End User Licence Agreement and then only to the extent permitted by such Pocketstock Licence Agreement.
8. Reliance on information posted on the website
Commentary and other materials on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed in such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
9. Model and Property Releases
Pocketstock prefers that its contributing users provide copies of release documents that include physical signatures for the individuals consenting to the capture and reproduction of the contributed Image. Recognizing that many of Pocketstock's contributing users desire to submit property and/or model releases that have been e-signed, rather than printing documents for physical signature by a releasing individual, Pocketstock has determined to accept, under certain circumstances, e-signed release documents from certain qualifying contributors.
If an Image is designated as property and/or model released, it means the contributing member posting such Image has represented to Pocketstock that the depicted locations(s) and/or individual(s) has/have signed a release permitting reproduction of the Image, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that Pocketstock is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed property and/or model release for all location(s) and/or individuals depicted in a particular Image. If Pocketstock incorrectly indicates that an Image is property and/or model released when it is not, Pocketstock's liability shall be limited to the amount you paid Pocketstock for the use of the Image.
If an Image depicts an individual and you use such Image in a manner that implies the use or endorsement of a product or service by depicted individual, you must indicate wherever the Image is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use an Image depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive: In any way that we (in our reasonable discretion) consider or that may under applicable law be considered illegal, inflammatory, obscene, immoral, defamatory or pornographic in nature or would reasonably likely bring any person or property reflected in the Content into disrepute.
10. Disclaimer and limitation of Our liability
The Website and the Materials are provided without any guarantees, representations, conditions or warranties whatsoever. We in particular do not represent or warrant that the Website or the Material are complete or accurate or that they will meet your requirements or that their use will be uninterrupted or error free.
To the extent permitted by applicable law, Pocketstock hereby expressly excludes:
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
11. Information about you and your visits to the Website
You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer equipment this may have adverse effects on or prevent your use of the Website. Cookies are small data files that are placed on the hard drive or browser of your computer equipment. They help us to provide you with a good service when you browse the Website and also allow us to improve the Website. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer equipment this may have adverse effects on your use of the Website.
12. Viruses, hacking and other offences
You must not misuse the Website by knowingly transmitting any data, send or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by denial-of-service attacks, viruses or other technologically harmful material that may infect or otherwise impact your computer equipment, computer programs, data or other proprietary material or property due to your use of the Website or to your uploading any material to the Website or to your downloading of any material posted on it, or on any website linked to it. Pocketstock recommends that you install appropriate anti-virus or other protective software on your computer equipment.
13. Linking to and links from the website
You may not frame or link to any part of the Website without our prior written consent and permission. Any requests in this regard should be made to email@example.com. We reserve the right to withdraw any linking permission we may give to you at any time and without notice.
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Their inclusion does not indicate that we monitor or in any way endorse these websites or their contents and resources. We have no control over the contents of those sites or resources, and accept no responsibility or liability, whether directly or indirectly, for them or for any loss or damage that may arise from your use of them.
You agree to indemnify and keep indemnified Pocketstock and its affiliates and their directors, officers, employees, agents, licensors and licencees of Published Content (each an “Indemnified Party”) harmless from all claims, liability, losses, damages, cost and expenses (including allowed costs, reasonable legal fee and disbursements) arising out of or incurred by such Indemnified Party as a result of or in connection with
including but not limited to all and any claims or actions by any persons against an Indemnified Party for the infringement of any intellectual property, right to privacy or defamation whether intentional or not.
If we believe, in our discretion, that any situation or matter has arisen which could result in a claim by a third party or any such claim is brought against Pocketstock or any other Indemnified Party we are entitled (but not obliged), by written notice to you, to assume the exclusive conduct and defence of such matter including the right to settle this upon any terms. You will in this case, at your expense, fully cooperate with us in relation to the conduct of such a matter.
15. Notification of infringements
If you are a copyright owner or an agent thereof and believe that any Works or other Materials published on the Website infringe your copyright please notify us by email to firstname.lastname@example.org or post to Pocketstock Limited, 78 Liverpool Road, London N1 0QD, United Kingdom, providing your full contact details and clearly identifying (i) yourself, (ii) the copyrighted work owned by you the copyright of which you believe to be infringed and (iii) the Materials you claim infringe such copyrighted work and that you are seeking to be removed or access to which is you are seeking to be disabled.
The relationship between Pocketstock and you is that of independent contractors. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between you and Pocketstock.
You agree to be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website.
You agree to be responsible for any wireless or non-wireless telecommunication network costs, tariffs, expenses or charges whatsoever incurred by you in connection with the use of this Website or the transmission of data from or to it, including but not limited to the upload or down load of any Works.
17. Applicable Law and Jurisdiction
The English courts will have exclusive jurisdiction over any Claims and Pocketstock and you irrevocably submit to the English courts’ jurisdiction. We retain the right to bring additional or further proceedings against you to enforce any judgement in your country of residence or any other relevant country.
18. Your concerns
Thank you for visiting the Pocketstock Website.