Terms of Service
Snapstopus License Agreement(s)
Dear Snapstopus Customer:
The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (“you” or “Customer”) and: i) if you are an existing customer or a new customer in Malaysia, Snapstopus, a company with its office at Snapstopus, 46, Jalan Setia Indah U13/12, 40170, Setia Alam, Shah Alam, Malaysia. or ii) if you are a new customer not located in Malaysia, incorporated under the laws of Malaysia, having its principal place of business at 46, Jalan Setia Indah U13/12, 40170, Setia Alam, Shah Alam (in either instance, referred to hereafter as “Snapstopus”). By entering into this agreement, you verify that your country of residence is the same as your billing address.
“Image(s)” means photographs, vectors, drawings and the like available for license from the Snapstopus website.
“Visual Content” shall refer to Images.
The following Terms of Service (“TOS”) constitutes an agreement between Customer and Snapstopus setting forth the rights and obligations with respect to any Visual Content licensed by you. By agreeing to the TOS, you agree that these terms control your rights and obligations with respect to all Visual Content licenses set forth herein, notwithstanding the subscription or license you may be purchasing today. Please revisit these TOS when you purchase any Visual Content.
This is a single seat license authorizing one natural person to license, download and use visual content. Multi-user account is currently not available.
Part I Visual Content Licenses
a) Image Licenses
b) Restrictions on Use of Visual Content
Part II Warranties and Representations
Part III Indemnification and Liability
Part IV Additional Terms
PART I VISUAL CONTENT LICENSES
Snapstopus hereby grants you a non-exclusive, non-transferable right to use, modify and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
A) IMAGE LICENSES
i) A STANDARD IMAGE LICENSE grants you the right to use Images:
- As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-paragraph I.a.i.4 below);
- Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
- As part of an “Out-of-Home” advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions;
- Incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a “Production”), without regard to audience size, provided the budget for any such Production does not exceed RM50,000;
- For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).
If the Standard Image licenses do not grant the rights you require please contact Customer Service. (Email: Customer Support)
B) RESTRICTIONS ON USE OF VISUAL CONTENT
YOU MAY NOT:
i) Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
ii) Portray any person depicted in Visual Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
iii) Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
iv) Use Visual Content designated “Editorial Use Only” for commercial purposes.
v) Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
vi) Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
vii) Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
viii) Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
If you require any of the foregoing rights, please contact Customer Service. (Email: Customer Support)
C) CREDIT AND COPYRIGHT NOTICES
i) The use of Visual Content in an “editorial” context, shall be accompanied by an adjacent credit to the Snapstopus contributor and to Snapstopus in substantially the following form:
“Name of Artist/Snapstopus.com”
ii) If and where commercially reasonable, the use of Visual Content in Merchandise or a Production shall be accompanied by a credit to Snapstopus in substantially the following form:
“Image(s) used under license from Snapstopus.com”
iii) Credit attributions are not required in connection with any other use of Images unless another stock content provided is afforded credit in connection with the same use.
iv) In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
PART II WARRANTIES AND REPRESENTATIONS
a) Snapstopus warrants and represents that:
i) Snapstopus’s contributors have granted Snapstopus all necessary rights in and to the Visual Content to grant the rights set forth in Part I as applicable.
ii) Visual Content in its original unaltered form and used in full compliance with these TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties’ rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
b) While Snapstopus makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated “Editorial Use Only”, Snapstopus MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; II) AUDIO IN FOOTAGE; OR III) VISUAL CONTENT DESIGNATED “EDITORIAL USE ONLY”. For the sake of clarity, Snapstopus will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage, or the use of Visual Content designated Editorial Use Only.
c) Snapstopus MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS “WARRANTIES AND REPRESENTATIONS” SECTION.
PART III Indemnification and Liability:
a) Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with Snapstopus, Snapstopus will defend, indemnify, and hold you harmless up to the applicable “Limit of Liability” set forth below. Such indemnification is solely limited to Customer’s direct damages arising from a third-party claim directly attributable to Snapstopus’s breach of the express warranties and representations made in Part II hereof, together with associated expenses (including reasonable attorneys’ fees). Indemnification is conditioned upon you notifying Snapstopus, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., the use of Visual Content at issue, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be emailed to Snapstopus at [email protected], with a hard copy to Snapstopus, 46, Jalan Setia Indah U13/12, 40170, Setia Alam, Shah Alam, Malaysia. Attention: Managing Director, via certified mail, return receipt requested; or ii) overnight courier, recipient’s signature required. Snapstopus shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Snapstopus in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that Snapstopus is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Snapstopus having a reasonable opportunity to analyze such claim’s validity.
b) Snapstopus shall not be liable for any damages, costs or losses arising as a result of modifications made to the Visual Content or due to the context in which the Visual Content is used by you.
If you have questions about the foregoing, please contact Customer Service. (Email: Customer Support)
c) You will indemnify and hold Snapstopus, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Visual Content other than the uses expressly permitted by these TOS. You further agree to indemnify Snapstopus for all costs and expenses that Snapstopus incurs in the event that you breach any of the terms of this or any other agreement with Snapstopus.
PART IV ADDITIONAL TERMS
a) Except when required by law, Snapstopus shall be under no obligation to issue refunds under any circumstances. In the event that Snapstopus determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. To cancel your account, contact [email protected].
b) “Non-transferable” as used herein means tht except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Visual Content or the right to use Visual Content. You may however, make a one-time transfer of Visual Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Visual Content subject to the terms and conditions herein. If you become aware that any Social Media Website uses any Visual Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Visual Content from such Social Media Site, and to promptly notify Snapstopus of each such Social Media Website’s use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Visual Content. If you become aware of any unauthorized duplication of any Visual Content please notify us via email at [email protected].
c) If you use any Visual Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Snapstopus, upon Snapstopus’s reasonable request.
d) Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of Malaysia. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Snapstopus shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Snapstopus, such action is necessary or desirable.
e) These TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. These TOS are governed by and shall be construed in accordance with the laws of Malaysia, without respect to its conflict of laws principles.
f) If you are entering into these TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Snapstopus for any breaches of the terms of these TOS. You hereby grant Snapstopus a worldwide, non-exclusive, limited license to use your trademarks in Snapstopus’s promotional materials, including a public customer list. Snapstopus’s use of your trademarks shall at all times conform to your then-current trademark use policies as made available to Snapstopus and shall at all times inure to your benefit. Snapstopus further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt by Snapstopus of your email request to [email protected].
g) The number of Visual Content downloads available to you is determined by the product you purchase. For the purposes of these TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your Subscription will renew on September 30.
h) Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase of any automatically renewing, installment payment or recurring subscription product shall apply only to the first installment thereof.
i) If any individual term of these TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that these TOS shall otherwise remain in full force and effect.
j) It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
k) In the event that you breach any of the terms of this or any other agreement with Snapstopus, Snapstopus shall have the right to terminate your account without further notice, in addition to Snapstopus’s other rights at law and/or equity. Snapstopus shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
l) Except as expressly set forth herein, Snapstopus grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be visible in the Visual Content, music or other audio in footage, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Visual Content. Snapstopus only has model or property releases where expressly indicated on the Snapstopus website.
m) Snapstopus’s liability under any individual license purchased hereunder shall not exceed the “Limit of Liability” applicable to the license in effect at the time customer knows or should have known of the claim, and is without regard to the number of times the subject Visual Content is licensed or used by you.
n) Except as specifically provided in Part III hereof, in no event, will Snapstopus’s total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Snapstopus websites and/or Visual Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Snapstopus from you for the applicable Visual Content license.
o) Neither Snapstopus nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Visual Content, Snapstopus’s breach of this agreement, or otherwise, unless expressly provided for herein, even if Snapstopus has been advised of the possibility of such damages, costs or losses.
p) Except as expressly set forth in Part II, all Visual Content is provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Visual Content may contain elements that require additional clearance if the Visual Content is modified or used in a particular context. If you make such modification or use Visual Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
q) Snapstopus does not warrant that the Visual Content, Snapstopus websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Visual Content is solely with you.
r) In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Snapstopus, Snapstopus will promptly file a complaint with Commercial Crime Investigation Department (ccid.my), a partnership with Royal Malaysia Police (http://www.rmp.gov.my/)
Effective May 1, 2017
- ACCEPTANCE OF TERMS
- INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
2.3 Unless you enter into a license agreement with Snapstopus you may not download, distribute, display and/or copy any Snapstopus Content.
2.4 You may not remove any watermarks or copyright notices contained in the Snapstopus Content.
2.5 Snapstopus’s intellectual property on innovation and idea are governed by MYIPO.
- Snapstopus TRADEMARKS
3.3 You agree that you will not use Snapstopus’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Snapstopus.
3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Snapstopus Trademarks or the Trademark rights claimed by Snapstopus.
3.5 You agree that you will not use any Snapstopus Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
3.6 You may not at any time, adopt or use, without Snapstopus’s prior written consent any word or mark which is similar to or likely to be confused with Snapstopus’s Trademarks.
3.7 The look and feel of the Snapstopus website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Snapstopus and may not be copied, imitated or used, in whole or in part, without the prior written consent of Snapstopus.
3.8 All other trademarks, product names, and company names or logos used or appearing on the Snapstopus website 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 endorsement, sponsorship or recommendation thereof by Snapstopus, unless expressly so stated.
3.9 You may not use a Snapstopus trademark, logo, Image or other proprietary graphic of Snapstopus to link to the Snapstopus website without the prior written consent of Snapstopus.
3.10 You may not frame or hotlink to the Snapstopus website or any Image without the prior written consent of Snapstopus.
- INFORMATION YOU PROVIDE
- YOUR CONTENT
5.2 By uploading Your Content, you grant Snapstopus a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
5.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
- Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
- Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
- Exploits minors;
- Depicts unlawful or violent acts;
- Depicts animal cruelty or violence towards animals;
- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
- Violates any law, statute, or regulation.
5.4 You may not use any Snapstopus Content for any purpose without first obtaining a license to use such Snapstopus Content. Any use of Snapstopus Content by you shall be governed by the applicable license agreement separately entered into between you and Snapstopus. Displaying and/or distributing to the public any watermarked or unlicensed Snapstopus Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
- INFRINGEMENT CLAIMS / DMCA NOTICES
6.1 If you believe that any Image or other material made available by Snapstopus infringes upon any copyright that you own or control, you may notify Snapstopus in the manner set forth in our policy.
7.1 You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Snapstopus or any third party.
- Violate the rights of Snapstopus or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- RESTRICTION AND TERMINATION OF USE
8.1 Snapstopus may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Snapstopus Content at any time in Snapstopus’s discretion, without prior notice or liability to you. Any conduct by you that, in Snapstopus’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
- LINKS TO THIRD PARTY SITES
9.1 In the event that the Site is available through any third-party platform, or if Snapstopus provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Snapstopus makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Snapstopus, and Snapstopus provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Snapstopus.
- WARRANTIES AND DISCLAIMERS
12.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of Malaysia. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Snapstopus shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Snapstopus, such action is necessary or desirable.