Revised: June 8, 2015
These Terms of Service constitute a legally binding agreement between you and Mobiistock, Inc. (“Mobiistock”) governing your use of Mobiistock.com and related Mobiistock mobile applications (collectively the “Site”).
By clicking the “I AGREE” button or accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree, do not use the Site.
Internet technology, and the applicable laws, rules and regulations change frequently. We reserve the right to make changes to these Terms of Service at any time. Continued access and/or use of the Site in any manner constitutes assent to any new Terms of Service that may be posted on the Site.
1. Mobiistock Services
Mobiistock provides an online marketplace to connect photographers and consumers of mobile stock photography.
Registered users may become a Mobiistock Photographer (“Photographer”), which will enable them to create a portfolio, upload original mobile photographic images previously posted on their Instagram account (hereinafter “Content”) and offer to license digital reproductions of that Content. Users may view Content by searchable categories on the Site’s gallery and license Content for editorial or commercial use (collectively, the “Services”).
To be eligible to use the Site and Services, you must be at least 18 years of age.
3. Mobiistock Accounts
To upload, view or license Content on the Site, users must register to use the Site (“Registered Users”) by:
- Providing your full name, a unique password to access the account, a valid email address and the confirmation of its validity by clicking on a link sent to that email; or:
- Login using your Facebook or Instagram account(s).
Once an account is established, Registered Users may create a profile by uploading a profile image and setting up a profile name and email (which can be the same or different than the log-in information).
All Registered Users are eligible to view and license Content from the Site’s gallery, subject to a separate Content License Agreement.
All Registered Users are further eligible to Become a Photographer to enable them to upload, post and license Content pursuant to a separate Photographer’s Submission & License Agreement.
4. Password Security
You are entirely responsible for maintaining the confidentiality and security of your account, email and password. You agree to accept responsibility for any and all activities that occur under your account or password. You must notify Mobiistock immediately if you believe your password or account has been obtained, compromised, or used by any unauthorized person or entity. You may be held liable for losses incurred by Mobiistock or any other user of or visitor to the Site due to a breach of your email, password, or account confidentiality and/or security.
Mobiistock will not be liable for any loss or damage arising from your failure to keep your password, email or account secure.
5. Purchase of Content License
Content may be licensed by Registered Users at the posted price, less any applicable promotions or discounts (“Content License Fee”).
- Images are licensed for either commercial or editorial use, or both, as specified during the checkout process.
- Content License Fees are processed through a valid U.S. debit or credit card.
- Promotions: From time to time, Mobiistock may offer promotional coupons that can be used one-time only to obtain a discount off the original Content License Fee.
- 100% Guarantee: If you are not satisfied with the Content, Mobiistock will refund the Content License Fee.
6. Scope of Content License
- Prior to payment, Content, with an accompanying watermark, is available to share on Twitter or Facebook.
- Once payment is processed, Content (without an accompanying watermark) is immediately available to download on a Registered User’s computer.
- Images can be downloaded multiple times, on multiple devices. There are no limitations on duration, location or number of downloads for any licensed Content.
- Users are solely responsible for determining whether release(s) are required in connection with the commercial use of any Content acquired on the Site. To inquire regarding the status of any release(s), Registered Users may contact Mobiistock at firstname.lastname@example.org. Mobiistock will then contact Photographers directly to verify release status.
- Registered Users must provide appropriate attribution (credit) to Photographer and Mobiistock.com if using Content for editorial purposes, unless Photographer and/or Mobiistock waive their right to attribution directly. Mobiistock shall not be responsible if Registered Users fail to provide attribution to Photographers.
7. Content License Limitations
In your use of licensed Content, you may not:
- Feature an identifiable trademark, person or property for commercial purposes unless (i) the Content has been made available to you pursuant to a Commercial Use License, and (ii) you have verified the existence of all applicable model and property releases;
- Use or incorporate the Content, or any derivative works created with the Content, on any competitive stock photography website(s) or mobile application(s) that licenses stock photographic and/or digital images;
- Use or incorporate the Content in any way that would violate any law, statute or regulation or in a manner that would violate intellectual property, privacy or other third party rights.
All disputes pertaining to the offer to license and/or the actual license of Content posted on the Site are to be resolved between the Registered User and Photographer.
8. Photographer’s Representations, Warranties & License
Photographers are solely responsible for the Content uploaded and posted to the Site. For all Content submitted posted or licensed on the Site, Photographers represent and warrant as follows:
Originality: Photographer represents and warrants that all Content submitted to the Site is original.
Proprietary Rights: By uploading, submitting and posting Content to the Site, Photographer represent and warrants that he/she has all right, title, license and authority to upload, submit and post the Content, including the right to publish and distribute by electronic and digital means.
Non-Infringing: By uploading, submitting and posting Content on the Site, Photographer represents and warrants that the Content does not (i) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents or other intellectual property rights, or (ii) violate any statute, law, ordinance or regulation.
License: Photographer grants to Mobiistock a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense all Content in any form, in all media now known or hereinafter created, anywhere in the world, including, but not limited to: (1) publish, distribute and publicly display Content on the Site, (2) republish or reuse Content on Mobiistock’s social media and related marketing services and materials, and (3) excerpt Content on the Site and Mobiistock’s newsletters, member emails or related blogs, for any purpose whatsoever, commercial or otherwise. You hereby irrevocably waive any claims based on moral rights, if any.
9. Prohibited Conduct
In your use of the Site, you may not:
- Post false, inaccurate, misleading, defamatory or harassing Content;
- Violate any law, statute, ordinance or regulation;
- Infringe upon any patent, copyright, trademark, trade secret, right of publicity or privacy, or other intellectual or property right of any third party;
- Impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
- Post obscene or sexually explicit Content;
- Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Site or its users;
- Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;
- Distribute or post spam, unsolicited or bulk electronic communications to Site users;
- Use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever;
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site’s infrastructure;
- Interfere or attempt to interfere with the proper working of the Site, its services or tools; or
- Bypass the Site’s robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
10. Photographer’s Indemnification of Registered Users
Photographers are solely responsible for any Content they upload, submit or post to the Site.
Photographer agrees to defend, indemnify, and hold harmless Registered Users of the Site who license and use any Content on the Site from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any Registered Users arising from or relating to the license or use of any Content you upload, submit or post to the Site, including, but not limited to, copyright, trademark, right of publicity or privacy, breach of these Terms of Service, or a breach of the representations and warranties under Section 8 of this Agreement.
11. User’s Responsibilities
If a Registered User has any reason to suspect, either from direct notice or from facts and circumstances that would lead a reasonable person to suspect or believe, that any Content he/she has licensed from the Site violates any intellectual or property right of any third party, including, but not limited to, any copyright, trademark, right of publicity, trade secret or right of privacy, the Registered User must immediately:
- Cease and desist from any further use of the Content;
- Notify any additional persons to which the Content has been distributed that they must cease and desist from any further use of the Content; and
- Immediately notify Mobiistock at email@example.com of your suspicion, belief or knowledge that the Content infringes a third party’s rights, and the basis for that suspicion, belief or knowledge.
Upon receipt of such notice by Mobiistock, Mobiistock will offer the Registered User providing such notification a substitute or suitable replacement of the Content at issue free of charge.
12. DMCA Notice of Claimed Copyright Infringement
If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to the Site’s Designated Agent, with the following information:
By Mail to Mobiistock’s Registered Agent: Natalie Novoa, Mobiistock, Inc. 7985 Santa Monica Blvd., #109-318, West Hollywood, California 90046
By email: firstname.lastname@example.org
14. Idea Submissions
Non-Proprietary: We consider any suggestions, ideas, proposals or other material submitted by users, whether solicited or unsolicited (collectively, the "Material"), to be non-confidential and non-proprietary.
We shall not be liable for the disclosure, use or exploitation of such Material.
License: You hereby grant to Mobiistock, Inc. a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
15. No Agency
Registered Users of the Site are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
16. Customer Support
Customer support is available by email at email@example.com to address any issues you may have regarding your use of the Site. Most concerns can be quickly resolved in this manner.
17. Individual Arbitration
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with MOBIISTOCK, INC. arising out of or relating to the Site and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 shall govern any arbitration conducted pursuant to these Terms of Service.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at . When initiating a request to arbitrate with the AAA, you must also send a copy of the competed form to: Mobiistock, Inc., 7985 Santa Monica Blvd., #109-318, West Hollywood, California 90046
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
18. The Site’s Intellectual Property
Copyright: Mobiistock, the Site, and its logos, design, text, graphics, and other files, and the selection arrangement and organization thereof, are owned by Mobiistock, Inc. You may not use such materials without permission. © 2014 MOBIISTOCK, INC. ALL RIGHTS RESERVED.
Trademarks: Mobiistock, the Site, and its logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of Mobiistock, Inc.
Ownership and Use: Nothing in these Terms of Service or your use of the Site gives you a right or license to use any of our copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
By Mobiistock: Mobiistock reserves the right to refuse service, terminate accounts, or remove or edit Content in its sole discretion. Without limitation of any other remedies, Mobiistock may terminate a Registered User’s account if we:
- Suspect a breach of these Terms of Service;
- Are unable to verify or authenticate a user’s information;
- Believes a Registered User is infringing the rights of third parties;
- A Registered User fails to pay any applicable Content License Fees due under these Terms of Service;
- If the credit or debit card associated with a transaction should be rejected for any reason;
- If a Registered User’s account remains inactive for a period of 12 (twelve) months; or
- Believe that a Registered User is acting inconsistently with the letter or spirit of Mobiistock's policies, has engaged in improper or fraudulent activity in connection with the Site or that a Registered User’s actions may cause legal liability or financial loss to Registered Users or to Mobiistock.
By Registered Users: Registered Users may cancel their account at any time within the application or by notifying Mobiistock at firstname.lastname@example.org
Effect of Termination: Upon termination or cancellation by either Mobiistock or Registered Users:
- Registered Users will be responsible for any Content License Fees incurred up to the date of cancellation; and
- Mobiistock will permanently delete all account data, including any uploaded Content.
Survival: The following Sections survive termination of these Terms of Service: Scope of Content License, Content License Limitations, Photographer’s Representations, Warranties & License, Photographer’s Indemnification of Registered Users, Idea Submissions License, Objectionable Content, Individual Arbitration, Limitation of Liability for the Use & License of Content, Release, Indemnification of Mobiistock by
20. Limitation of Liability for the Use & License of Content
Mobiistock is not responsible for any Content posted on the Site. Mobiistock shall not be liable for any damage, costs, or losses arising out of or relating to the license and use of any Content made available on the Site, even if advised of the possibility of such damages, costs or losses.
We reserve the right, but have no obligation, to take any action to restrict or remove access to any Content that we deem, in our sole and absolute discretion, to be a violation of these Terms of Service.
21. Disclaimers, Exclusions and Limitations
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR SECURITY OF THE TRANSMISSION OF CONTENT ON THE SITE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
The Site is a venue for the posting and licensing of Content. Mobiistock is not a publisher of any Content. We do not control any Content, services, goods, resources and information displayed on the Site by Registered Users or other third parties. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (I) EXPRESSLY DISCLAIM ANY LIABILITY FOR CONTENT POSTED BY REGISTERED USERS OR OTHER THIRD PARTIES, AND (II) MAKE NO WARRANTIES REGARDING ANY SUCH CONTENT AND INFORMATION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH CONTENT OR INFORMATION.
EXCLUSION OF DAMAGES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO ANY USER OF THE SITE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, OR THE LICENSE OR USE OF ANY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you have a dispute arising from, related to, or connected with your use of the Site or its Services, you hereby release Mobiistock, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
23. Indemnification of Mobiistock by Registered Users
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Mobiistock, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, or (ii) arising from, related to, or connected with your use of the Site or its Services.
Mobiistock will control the defense of any claims to which this indemnification provision will apply and you shall not settle any claim, demand or action without prior written approval by Mobiistock.
The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.
Our employees, volunteers or agents are not authorized to vary our Terms of Service. Authorized modifications will be in writing and posted by Mobiistock on the Site.
26. Choice of Law
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the jurisdiction of the State of California, and venue in the County of Los Angeles, with regard to any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof.
27. No Waiver
No failure or delay by a party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Any summary or explanation provided of any Section of these Terms of Service are for reference only and shall not be used to interpret or construe the meaning or interpretation of the corresponding Sections.
29. Force Majeure
Mobiistock will not be liable or responsible for any delays in service, for failing to provide its services or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: Mobiistock, Inc. 7985 Santa Monica Blvd., #109-318, West Hollywood, California 90046 by email at email@example.com. All notices, including modification(s) of these Terms of Service will be sent to you by email or will be conspicuously posted on the Site.
31. Entire Agreement
These Terms of Service comprise the entire agreement between the parties and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.
32. Complaints - California Residents
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
Revised: June 8, 2015
1. What Personal Information is Collected and Why?
Visitors: When you visit the Site, we do not collect, maintain or store personally identifiable information, such as names, addresses, phone numbers, email addresses or financial information.
Registered Users: If you create an online account for the purpose of licensing original mobile photographic images and reproduction of those images (“Content”) on the Site, we will collect your name and email address for:
- Account identification and authentication;
- System generated email notifications relating to transaction confirmation, receipts or other related billing information;
- Updates and information regarding our Services. If you do not wish to receive communications regarding Mobiistock’s various Services, you may notify us at support@Mobiistock.com at any time.
Mobiistock Photographers: If you register to become a Mobiistock Photographer (“Photographer”) to upload, post and license Content on the Site, we will additionally collect your:
- Full legal name as it appears on your bank account;
- Phone number and email;
- Mailing address, including street, city, state and zip;
- Date of birth;
- Social Security number for tax reporting purposes; ACH Direct Deposit information, including bank name, type of bank account, routing number and bank account number; and or
- Paypal email address
This information is collected to facilitate the payment of commissions earned from the licensing of Content on the Site (“Commissions”) by Paypal, Inc. and Braintree Payment Systems, LLC, a division of PayPal, Inc. (hereinafter collectively referred to as "Paypal").
In addition, because only U.S. citizens are currently eligible to become a Photographer, our system will read your IP address to identify users who reside outside of the United States to provide notification that the Site is limited to photographers based in the United States.
All Content posted and licensed by Photographer will be displayed on the Photographer’s Profile, including number and size of Content downloaded from Photographer’s Instagram account.
Buyers: If you initiate a transaction for the licensing of Content on the Site (“Buyers”):
- Mobiistock will collect a Buyer’s name, company name (if applicable), phone number, credit or debit card information (including card number, expiration, and CVC) and zip code to process the transaction, confirm orders, and authorize the downloading of licensed Content.
- All Content Licensed on the Site by Buyer will be continuously displayed on their account profile.
Refer a Friend: Photographers may share a unique referral url to friends and followers on Facebook and Twitter. When you use Social Plug-ins to refer a friend, Mobiistock itself does not collect or store this contact information. Users may also refer friends by providing friends’ email addresses to allow Mobiistock to send an email that will invite your friends to sign up for Mobiistock and receive a credit off the first purchase. Mobiistock collects and stores this information for Mobiistock-related marketing purposes.
2. Compliance with the Children’s Online Privacy Protection Act
Use of the Site is limited to persons age 18 years and older. We do not knowingly collect information from children under the age of 13.
Mobiistock utilizes “cookie” technology on the Site for very limited purposes. A cookie is a piece of data stored on the user’s computer tied to information about the user. We use session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. Session cookies are deleted immediately once you close your web browser’s window. We also use a more permanent cookie if you check the option “Remember me” when you log in. That cookie is then read the next time you visit the site so you don’t have to log in manually each time you visit the Site.
You can set your browser to remove or reject cookies; however some Site features or Services may not work properly without cookies.
4. Do you use any Analytic Services?
IP Address: Each time you visit our Site or upload Content, the web server automatically recognizes your Internet Protocol (IP) Address and originating web page. Your IP Address is used to help identify the user and gather broad demographic information.
5. How Is Collected Information Used?
Mobiistock does not sell or rent information to third parties.
6. What About Third Party Data Collection?
If you use certain features on the Site, it will enable a third party to collect data about your use as follows:
7. What is Mobiistock’s Security Policy?
We have implemented reasonable administrative, technical and physical security measures to protect your personal information against unauthorized access, destruction or alteration. However, users should be advised that no method of transmission over the Internet and no method of storing electronic information can ever by 100% secure.
Mobiistock utilizes only PCI-DSS compliant third party payment processor, to ensure the security of your personal information. Users should review Paypal’s Security Policy before initiating transactions on the Site.
8. How Does Mobiistock Respond to “Do Not Track” Signals?
“Do Not Track” is a feature enabled on some browsers that sends a signal to request that a web application disable its tracking or cross-site user tracking. At present, Mobiistock does not respond to or alter its practices when a Do Not Track signal is received.
9. How long do you keep data collected?
Your data is kept as long as you have an account with Mobiistock. You may always choose to edit account information or terminate your account at any time.
When your account is terminated, your account and all related data will be deleted and will no longer be kept on our servers.
You may contact Mobiistock directly at support@Mobiistock.com for further assistance in editing or removing account data.
7985 Santa Monica Blvd., #109-318
West Hollywood, California 90046