ACCEPTANCE OF TERMS
CreateHERStock (CHS), a stock photography and resource service based in Atlanta, Georgia. (“CHS”) welcomes you to its online service (the “Service”). In order to access CHS Services and Content, you must agree to these Terms and Conditions of Service (“TOS”). For future reference, you can find the TOS at createherstock.com/terms-of-use. When using any CHS owned or operated Services, including emailed photo packs, you are subject to any posted policies, guidelines, or rules applicable to such Services, including this TOS. All such policies, guidelines, and rules are hereby incorporated by reference into the TOS. You further agree, except as otherwise expressly provided in this TOS, there are no third party beneficiaries to this agreement.
You must be at least 13 years of age to access and view the Service. If you are 13 years or younger, please do not use this Service for any purpose.
PLEASE READ THESE ENTIRE TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.
CHS makes available a collection of photographs and other content (“Content”) to its email subscribers and VIP premium members. Email subscribers will receive monthly emails containing Content. VIP Premium users will also have access to both free and premium Content, including premium features and tools. Any new features, Services, and enhancements to CHS are subject to the TOS. All Content is subject to the CHS license posted on CHS at createherstock.com/license (the “License”). Do not use the Content if you do not agree to abide by the License. THE SERVICE IS PROVIDED “AS IS” AND CHS ASSUMES NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, CHS can discontinue their ability to use the site.
You are totally responsible for any activity that takes place under your name and password. If you become aware of any unauthorized use of your username or password it is your responsibility to notify CHS immediately. It is up to you to maintain the confidentiality of your password and username.
You understand that you may receive business-related communications from CHS such as announcements and administrative notices and you agree that these communications are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications. You may, however, opt out of Content-delivery emails.
As a user of the Service you also understand and agree that the Service may include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and thus you agree to receive them. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. You agree that CHS shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.
Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new CHS properties and special features, will be subject to the TOS.
- You are solely responsible for your own communications and use of the Content. You agree to use the Service and Content in a way that is legal and proper. You agree that you will not use the Content in any manner that infringes the rights of CHS, its Contributors, or any third party.
- 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 unauthorized purpose.
- You must not use the CHS Service for any illegal or unauthorized purpose. You must abide by all Federal, State, and local laws. If you are outside The United States you must comply with all local laws with respect to your online conduct.
- You cannot modify or delete any Content and communications on the CHS site.
- You cannot create member accounts under any false or fraudulent pretenses (including by automated means). You must not transmit any viruses, worms, defects, or any items or 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.
While we appreciate the enthusiasm of our supporters in spreading CHS Content, you may not resell or redistribute the Content on its own or as part of a compilation, whether claimed as your own or properly attributed.
You cannot use the CHS name or trademark, 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 CHS is associated with, or endorses, or is in any way connected with you, your business, or your Content.
WHILE CHS EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT CHS SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, CHS CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.
LINKS TO THIRD-PARTIES
The Service may provide links to other websites or resources. CHS has no control over these sites and Content and therefore you acknowledge that CHS is not responsible for the availability of such links, resources, and Content, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that CHS is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods, or services offered through these links or any failures or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
You agree to indemnify, defend and hold harmless CHS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CHS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CHS in asserting any available defenses.
You agree not to, without the express prior written consent of CHS, including as included in the License, (a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content, (b) access the Service for any unauthorized purpose.
MODIFICATION + TERMINATION
CHS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CHS will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
SUBSCRIPTION OF SERVICES
- A subscription is required to receive and access CHS Services and Content. Users may subscribe either for free content, which will be emailed monthly out to all subscribers, or for VIP premium content, described below. All users, regardless of registration type, are subject to the following specific terms:
- In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction.
- You also agree to provide true, accurate, current, and complete information as required on the Service’s registration form. If you provide any information that is untrue, incomplete, not current, or inaccurate, CHS has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
- You agree that CHS may contact you by email using the contact information you provide upon registration. Any communication sent to the email address you provide (including service of process where permitted by law) will be deemed received by you upon being sent. It is your responsibility to ensure that email from CHS is not filtered as SPAM, and that your registered email address remains current.
You agree that CHS may, under certain circumstances and without prior notice immediately terminate your CHS account, any associated username, or access to the Service. Cause for such termination shall include, but not be limited to: i) breaches or violations of the TOS, License, or other policies, guidelines, or rules, ii) extended periods of inactivity, iii) your engagement in fraudulent or illegal activity, iv) unexpected technical or security issues, and v) requests by law enforcement or other government agencies. You also agree that any termination is in CHS’s sole discretion and that CHS will not be liable to you or any third party for any termination of your account, password, username, or access to the Service.
You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death.
You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account (other than when contacting our support team), or any other breach of security, please contact CHS immediately. It is up to you to maintain the confidentiality of your password and account. CHS is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
VIP Premium subscription allows you to access certain premium CHS Services and Content. As a premium user, you agree to timely pay all charges agreed to in the registration process. In the event that you fail to make any payment when due CHS reserves the right to limit, suspend, or terminate your account and discontinue your access to all Content. You understand that, in any event, CHS may add, delete, and modify the Content available to premium users at any time, with or without notice.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of CHS and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by CHS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or Software, in whole or in part. You also acknowledge CHS‘s exclusive rights in the CHS trademark and service mark.
The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. CHS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHS MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from CHS or through or from the Service shall create a warranty not expressly stated in the TOS.
IMITATION OF LIABILITY
You expressly understand and agree that CHS will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if CHS has been advised of the possibility of such damages), resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements, or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into though or form the Service or any other matter relating to the Service, and in no event will CHS be liable for any amount of money over $100.00, which you acknowledge to be a fair and reasonable sum.
If there is any dispute about or involving the website and/or the Service, you agree that any dispute shall be governed by the laws of the State of Gerorgia without regard to conflict of law provisions and you agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Fulton County, Georgia.
The failure of CHS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Nothing contained in the TOS shall be construed to constitute either party as a partner, employee, or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding integration of the Licenses to this TOS, this limitation does not apply to any action under or related to the License.
In the event of a termination of this TOS, or discontinuation or cancellation of your account for any reason, all Content, whether under your control or not, will remain subject to the License in perpetuity.
Last Updated: September 17, 2019