This entire clause 27 relates to the Stock Photos/Crazy Stock Product.
27.1 Representations by us
27.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that:
- Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 27.1.2;
- You can only expect Services in accordance with the terms of this Agreement, and
- In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 18.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.
27.1.2 Setup & Delivery
It is your responsibility to ensure that any applied stock photo package or offer application is completed and activated ready for full use. Quoted times for account activation and material delivery are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation or delivery if:
- Payment is not cleared or received in full.
- We believe the order, information or payment is fraudulent.
- You have any funds outstanding with relation to any other account.
- Any information quoted by you does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy.
- There is any other reason which we deem satisfactory.
We may send notification of stock photo package activation or delivery, however:
- Your contact details must be correct and up to date.
- This is not final word that your package is fully active and ready for use, you must ensure the package is fully functional.
You release us of any claim arising from failed package activation and delivery, whether at fault of our system, our staff or any other factor out of our reasonable control.
27.1.3 Service Levels
We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that:
- We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
- We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party
- We may, at our discretion, provide notification of outages whether planned or unplanned.
- You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
27.1.4 Third Party Services
We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.
- We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
- This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.
27.2 General Terms
Payment must be received in full prior to activation or delivery of any content. Specific rights to content usage may be tiered at varying price points and as such additional payment may be required in order to acquire additional usage rights beyond your initial purchase.
27.2.2 Content Usage
All stock photos are protected by international copyright laws and treaties. Crazy Domains own all right, including copyrights to the content. Your rights to use the content are subject to this agreement and are restricted as per the product specifications relating to your purchase. Should you be found to be abusing the restrictions, limitations and specifications of the photos obtained through your engagement with this service, your account could be subject to suspension or termination with no liabilities as per the effects of such actions.
126.96.36.199 Web/Electronic Usage
All content related to electronic/website/online usage is restricted to incorporating content into:
- Web sites provided that content is not displayed at a resolution greater than that provided or highlighted by the purchased package specifications.
- Email marketing. However, imagery cannot be used in conjunction with or linked to unsolicited email.
- Software provided that the primary purpose is not to simply display the acquired content, but to enhance the appeal and usage of the software.
- Film, video or multimedia presentations.
188.8.131.52 Print Usage
All content related to print usage is restricted to incorporating content into:
- Prints, posters, postcards and other reproductions for both personal and commercial display. This excludes the reselling any of these types of media, it is restricted to enhancing existing product or branding only.
- Advertising or marketing materials such as posters, tradeshow signage to enhance the promotion of existing product or branding.
- Magazines, newspapers, books for editorial or advertising purposes.
- Artwork for product packaging.
- Letterhead, business cards, pamphlets, catalogues and brochures.
- Set design or dressing for public performance.
All content obtained may not be:
- Used for any other content other than that specified above.
- Used for any purpose against our general acceptable usage policy found in Clause 2.
- Used in a manner which infringes a third parties rights or trademark.
- Used in a manner which can be reasonably deemed to be offensive, demeaning, defamatory or illegal.
- Shared in any manner expect to facilitate the delivery of the mediums highlighted through the usage right above.
- Used in any manner which competes or causes a conflict of interest with us and our products and services.
- Resold without express written authorisation.
- Manipulated in any fashion in which the impression is given that the content was created by you or anyone other than us.
- Accessed or acquired without undisputed payment for applicable access and usage rights or through use of automated programs such as apps or bots.
- Used by anyone other than yourself, your direct employer, client or customer. Applicable third party must be the end user and you agree to take all commercially available steps to prevent third parties from duplicating said content.
All stock imagery, unless otherwise exclusively specified is restricted to a single user access and usage license. This highlights that only the account holder shall maintain access rights to this service and that imagery obtained through engagement with this service is only given rights to be used by the account holder in accordance with the package specifications. Additional user/use fees may be available should you wish to expand account access and usage.
The account holder may not transfer access or photo rights without express written authorisation from us.
27.2.3 Add-on and free packages
We may present exclusive offers for photos and photo packs either on their own or as an add-on to another of our products and services.
Such offers are as-is and may not be a full representation of a paid photo or package and as such may not include full rights or specifications.
You expressly and irrevocably agree that:
- It is your responsibility to ensure that Services are utilized to their full potential;
- It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
- You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
- We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
- An account credit; or
- A refund;
Only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.
- We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website;
- We may choose, on your request, to downgrade an account, however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
- You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
- Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
- Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
- Your request for refund will be denied where:
- Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
- We believe you have breached your agreement with clause 4.1.1(a), (b) and (c) in any way;
- We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
- We believe the request is fraudulent.
- We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
- You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 18.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
27.3.2 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 27.2.1 of this Agreement.
Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.
27.4 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:
- You have any outstanding invoice or account.
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
- You fail to comply with any provision in this agreement or those referenced in this agreement.
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
- We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
- We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 27.2.
If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately.
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
- We may immediately delete all data held prior to cancellation.
- We may perform any action without notice.
27.5 Stock Photo cancellation
We hold the right to suspend/cancel/terminate any hosting service for any of the following:
- Non-payment or failure to renew service.
- Chargeback/reverse of payment.
- If we have reason to believe you are not using the services in accordance with this service agreement.
- If a competent regulatory authority/body requires us to do so.
- At our sole discretion.
Service provision may also be suspended/cancelled or terminated:
- If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
- If you do not comply with our breach notice.
You release us of any claim arising from suspension, cancellation or termination of any service.