TERMS OF USE
Last update: August 2021
Please read these terms of use carefully. By accessing or using any edigitalstock website (or any content, products, services or features available through the website) (collectively, the “Site”), you agree to comply with and be bound by the terms described herein and for all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in connection with specific content or a specific product, service or feature (collectively, the “Site Terms”). If you do not agree to all of these terms, please do not use the site.
These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with edigitalstock, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over 18 years of age and legally able to agree to these Site Terms. If you are using the Site on behalf of an entity, you represent and warrant that you are authorized to accept these Site Terms on behalf of such entity, and that such entity agrees to indemnify edigitalstock for violations of these Site Terms.
Services (images, audio, video and other digital content)
Our services are available exclusively online through the website. These services may have limited quantities and are subject to cancellation and refund only in accordance with our Cancellation and Refund Policy.
We have made every effort to display as accurately as possible the colors and images of the services or virtual goods that appear in the store, however we cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit sales of our services to any person, geographic region or jurisdiction. We can exercise this right in each case. We reserve the right to limit quantities of any digital products or services we offer. All descriptions of digital products and/or services and their prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service or digital product at any time. Any offer for any digital product and/or service made on this site is void where prohibited.
We do not warrant that the quality of any virtual products, services, information, or other digital material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Use of the Site
The edigitalstock Site and Content are intended for edigitalstock customers. You may not use the Site or the edigitalstock Content for any purpose unrelated to your business with edigitalstock. You are specifically prohibited from: (a) downloading, copying or retransmitting all or any part of the Site or the edigitalstock Content without, or in violation of, a license or written agreement with edigitalstock; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate or otherwise display the Site or edigitalstock Content through the use of framing or similar navigation technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe for any part of any edigitalstock product or service if you are not expressly authorized by such party to do so (e) reverse engineer, alter or modify any part of the Site or edigitalstock Content; (f) circumvent, disable or otherwise interfere with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) sell, license, lease or otherwise market the Site or the edigitalstock Content without the specific written authorization of edigitalstock; and (h) use the Site or the edigitalstock Content for purposes other than those intended. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, email, privacy, and the transmission of technical data exported from Panama or the country in which you reside.
Ownership of the Site and its contents
The Site is property of edigitalstock. Unless otherwise indicated, all content appearing or displayed on the Site, including, but not limited to, text, graphics, videos, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“edigitalstock Content”), is the property of edigitalstock, its licensors, or its third-party image partners. All elements of the Site, including edigitalstock Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Your intellectual property
As between you and edigitalstock, you must own all intellectual property related to your User Content and any other materials created by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, works of art, code, interfaces, text and literary works. edigitalstock does not claim ownership of its content. For the sole purpose of providing the service, you acknowledge and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDNs, to make display adjustments, duplicate them for copying purposes. security and to carry out any other technical actions and/or uses required to provide your services, as we consider necessary.
Intellectual property of edigitalstock
All right, title and interest in and to edigitalstock, including all copyrighted materials or any other content that is or may be the subject of intellectual property rights under any applicable law (including art, graphics, images , website templates and widgets, literary works, source code and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of edigitalstock methods, digital products, algorithms, data, features and interactive objects, advertising and acquisition tools and methods, inventions, secrets trademarks, logos, domains, custom URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered or capable of being registered (collectively, “Intellectual Property”), and any derivative thereof, are owned or licensed to edigitalstock.
Subject to your full compliance with the edigitalstock Terms of Service and timely payment of all applicable fees, edigitalstock grants you, upon creating your User Account and for as long as you wish for edigitalstock to offer the Services, a non-exclusive license, non-transferable and non-sublicensable, limited and fully revocable to use the edigitalstock Services and the Licensed Content in order to generate and display your User Platform to End Users and offer your User Products thereon, only to the extent as expressly permitted by the edigitalstock Terms, and only within the edigitalstock Services.
The edigitalstock Terms do not convey any right or interest in or to the edigitalstock Intellectual Property (or any part thereof), except for the limited license set forth above. Nothing in the edigitalstock Terms constitutes an assignment or waiver of edigitalstock’s Intellectual Property rights under any law.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable local laws, edigitalstock has adopted a policy of terminating, in appropriate circumstances and at edigitalstock’s sole discretion, account holders who infringe rights. of intellectual property of edigitalstock or any third party.
Copyright claims
If you believe that any material on the Site infringes any copyright you own or control, you may submit a notification of such infringement to our Designated Agent as set forth below:
edigitalstock Panamá, Betania, Vía Ricardo J. Alfaro Tumba Muerto, PH Golden Point Tower, 21st Floor, Office 2109. Telephone: +507 6370-3796
Trademarks
The edigitalstock trademarks, the edigitalstock logo and any other digital product or service name or slogan contained on the Site are trademarks of edigitalstock and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part. in part, without the prior written permission of edigitalstock or the applicable trademark owner. You may not use metatags or any other “hidden text” utilizing “edigitalstock” or any other name, trademark or digital product or service name of edigitalstock without our prior written permission. Additionally, the appearance of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of edigitalstock and may not be copied, imitated or used, in its in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply approval, sponsorship or recommendation thereof by us.
Links
You may not use an edigitalstock logo or other proprietary graphic of edigitalstock to link to the Site without the express written permission of edigitalstock. Additionally, you may not frame any edigitalstock trademark, logo or other proprietary information, including edigitalstock Content, without the express written consent of edigitalstock.
edigitalstock makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of any third party websites accessible by hyperlink from the Site, or the websites that link to the Site. Such sites are not under the control of edigitalstock and edigitalstock is not responsible for the contents of any linked site or any link contained in a linked site, or any reviews, changes or updates to such sites. edigitalstock provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, approval or adoption by edigitalstock of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, They are exclusively between you and such third party. You agree that edigitalstock shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of any such dealings.
Account registration and security details
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about yourself as prompted by the Site’s registration forms (“Registration Data”); (b) maintain and promptly update the Registration Data, as well as any other information you provide to edigitalstock, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) immediately notify edigitalstock of any unauthorized use of your account or any other breach of security; (e) accept full responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to edigitalstock.
Way to pay
All payments must be made in US dollars ($USD). You can pay with any credit and/or debit card, Visa or Master Card. This will notify us by email when the payment has been made. From the notification, within a period of no more than 48 hours your payment will be validated to begin processing your order.
Compensation
You agree to defend, indemnify and hold harmless edigitalstock, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors from and against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, , reasonable attorneys’ fees) arising out of or in connection with any User Content you post, store or otherwise transmit on or through the Site, your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or any representation or warranty contained therein, your unauthorized use of edigitalstock Content, or your violation of any third party rights.
Disclaimer
THE SITE AND THE edigitalstock CONTENT ARE PROVIDED “AS IS”; AND edigitalstock AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. edigitalstock WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR INABILITY TO USE THE SITE OR edigitalstock CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE DAMAGES AND CONSEQUENTIAL. THE FUNCTIONS INCORPORATED IN OR IN THE MATERIALS ON THIS SITE ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR-FREE. YOU, NOT edigitalstock, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM THE USE OF THIS SITE OR THE edigitalstock CONTENT. WE DO NOT WARRANT THAT THE SITE OR THE edigitalstock CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. edigitalstock uses reasonable efforts to ensure the accuracy, correctness and reliability of the edigitalstock Content, but we make no representations or warranties as to the accuracy, correctness or reliability of the edigitalstock Content.
edigitalstock offers a search function within the Site. edigitalstock explicitly disclaims any responsibility for the content or availability of information contained in our index or search directory. edigitalstock also disclaims any responsibility for the completeness or accuracy of any directory or search results.
Some countries do not allow the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the above limitations may not apply to you to the extent they are prohibited or superseded by state or national regulations.
Limitation of liability
IN NO EVENT SHALL edigitalstock, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE edigitalstock CONTENT OR THE MATERIALS CONTAINED THEREIN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM edigitalstock, OR ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, LACK OF COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO edigitalstock’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL edigitalstock’S AGGREGATE LIABILITY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE EXCEEDS ANY COMPENSATION YOU PAY, IF ANY, TO edigitalstock FOR ACCESS TO OR USE OF THE SITE.
Applicable law and jurisdiction
This agreement will be subject to and will be interpreted in accordance with the laws and before the courts of Panama.
Rescission
Notwithstanding any of these Site Terms, edigitalstock reserves the right, without prior notice and in its sole discretion, to terminate your account and/or block your use of the Site.
Miscellaneous provisions
Any waiver of any provision of the Site Terms will only be effective if in writing and signed by edigitalstock. If any provision of these Site Terms is held to be unenforceable, where possible this will not affect any other provision and each provision will remain in full force and effect. All rights not expressly granted herein are reserved.
Changes to Site Conditions
edigitalstock reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guidelines of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of those changes. We recommend that you review the Site Terms each time you visit one of our websites.
