This page (together with the documents referred to in it) sets out the terms and conditions of use (“Terms of Use”) on which you may make use of our website located at www.pocketstock.com (the “Website”), whether as a guest or a registered user (“Member”). This includes the uploading onto or downloading from the Website of royalty free photographs, images, illustrations, vectors, videos, audio and other pictorial or graphical works (“Works”), access to discussion forums, the Pocketstock Blog, the Pocketstock Academy, and any and all services offered by Pocketstock Limited on or through the Website from time to time.

These Terms of Use contain important, legally binding provisions so please read them carefully before you start to access or use the Website and make sure you understand them. By accessing or using our Website in any way, you confirm that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please do not access or use the Website.

Pocketstock may revise and amend these Terms of Use from time to time by posting updated Terms of Use on the Website. You are expected to check this page of the Website regularly to take notice of any changes we make. Your continued access or use of the Website and your Membership Account (as defined below) after any such changes have been posted on the Website will constitute your acceptance of these changes. If you do not agree with these Terms of Use, as so amended, please stop accessing or using the Website.

We encourage you to print out a copy of these Terms of Use for future reference. Please make a note of the “last updated” date at the beginning of these Terms of Use to identify whether they have been updated since you first agreed to them and re-review them if so.

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”):

1. In any way that breaches any applicable local, national or international law or regulation.
2. In any way that is unlawful or fraudulent.
3. To upload to or post any Works or content on the Website that breaches the intellectual property or other rights of any third party, is defamatory of any person or is obscene, offensive, hateful, inflammatory or illegal under any relevant applicable law.
4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
5. To upload or transmit any virus or any other form of harmful program, see Section 11 below.
6. In any manner that is not expressly allowed by these Terms of Use or for which the Website is not reasonably intended to be used.

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.

You are responsible for making all arrangements necessary for you to have access to the Website and any costs, expenses or charges that you may incur in relation to or in connection with the establishment or maintenance of such access. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.

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

Pocketstock has the right, in its sole discretion, to suspend, disable, restrict or terminate any Membership Account, Membership Name and Membership Password at any time. We may in particular suspend, disable, restrict or terminate your Membership Account if you have, in our opinion, failed to comply with any of the provisions of these Terms of Use or breached a Pocketstock End User Licence Agreement, relevant Pocketstock Content Supply Agreement or Pocketstock Application (App) End User Licence Agreement or if you have not accessed your Membership Account for more than 12 calendar months. In the event of the termination of your Membership Account by Pocketstock we will notify you by email to the last email address provided by you as part of your Membership Account.

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:

1. your Membership Name and Membership Password will no longer give you access to the Website;
2. Pocketstock will remove all Works uploaded by you from the Website;
3. if you are a contributor, the balance standing to the credit of your Contributor Account on the dashboard of your Membership Account will be paid to you less any relevant deductions and expenses in accordance with the relevant Pocketstock Content Supply Agreement and Pocketstock’s royalties and payments policies in force from time to time;

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.

Unless and until you have entered into a Pocketstock End User Licence Agreement you are not allowed to use any of the Materials without our prior written consent or as otherwise expressly allowed by these Terms of Use.  

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:

1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2. Any liability for any direct, indirect or consequential loss or damage incurred by any user or Member in connection with the Website or in connection with the use, inability to use, or results of the use or exploitation of the Website, any websites linked to it and any Materials (including for the avoidance of doubt any Works published on the Website), including, without limitation any liability for:

1. loss of income or revenue;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data;
6. loss of goodwill;
7. pure economic loss;
8. wasted management or office time; and
9. for any other expenses, charges, costs, loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

In any event Pocketstock’s total maximum aggregate liability under these Terms of Use or in relation to the use or exploitation by you of any or all parts of this Website or the Materials (including for the avoidance of doubt any works published on the website) in any manner or form whatsoever shall be limited to one hundred British Pounds Sterling (£100).

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

Pocketstock collects, processes or otherwise uses, and discloses information about you in accordance with our Privacy Policy.  By using the Website, you consent to such collecting, processing, using and disclosing and you warrant that all information provided by you is accurate. Some of the information collected may be processed outside of your home country and/or the European Union.

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 admin@pocketstock.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.

14. Indemnification

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

1. any breach by you of these Terms of Use; or
2. any access to or use of the Website or the Materials (including but not limited to the submission, download or upload of any Content or other material to or from the Website) by you or any person using your Membership Account or Membership Name (irrespective of whether such use takes place with or without your authorisation or permission);

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 creative@pocketstock.com 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.

16. General

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.

If at any time Pocketstock fails to exercise any of its rights or remedies under these Terms of Use, this will not constitute a waiver of such rights and remedies and will not relieve you from compliance with your obligations under these Terms of Use.

If any court or competent authority finds that any provision of these Terms of Use  (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of Use shall not be affected.  If any invalid, unenforceable or illegal provision of these Terms of Use would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

The agreement between you and Pocketstock pursuant to these Terms of Use is personal to you and is binding on your heirs, executors and legal representatives, as the case may be.  You are not allowed to transfer, assign, charge or otherwise dispose of your rights and obligations under these Terms of Use to any person without Pocketstock’s prior written consent but Pocketstock may do any and all of the aforementioned things.

Unless expressly provided in these Terms of Use a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

The headings of these Terms of Use are for convenience of reference only and shall not affect in any way the meaning or interpretation of them.

These Terms of Use are in the English language.  In the case of their translation into any other language the English version shall govern.

17. Applicable Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation and any access or use of the Website (including non-contractual disputes or claims) (“Claims”) shall be governed by and construed in accordance with the law of England and Wales.

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

If you have any concerns about this Website or these Terms of Use, please contact Pocketstock at general@pocketstock.com.

Thank you for visiting the Pocketstock Website.