Policies and Legal Documents - The Spirit Stock Network

Terms of Use

Please read these Terms of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by Spirit Stock or its affiliates (individually and collectively, the "Site").


1. ACCEPTANCE OF TERMS

1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that The Spirit Stock Network ("Spirit Stock") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2 Spirit Stock may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Spirit Stock.net to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.


2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

2.1 Subject to your compliance with these Terms of Use, any applicable license agreement with Spirit Stock, and the law, you may access and use the Site. Spirit Stock remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Spirit Stock may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Spirit Stock’s sole discretion. Spirit Stock provides the Site on an "as is" and "as available" basis.

2.2 All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the "Spirit Stock Content"), as well as the selection and arrangement of the Spirit Stock Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Spirit Stock Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Spirit Stock, Spirit Stock does not grant any express or implied permission to use the Site or any Spirit Stock Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Spirit Stock Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Spirit Stock Content.

2.3 Unless you enter into a license agreement with Spirit Stock you may not download, distribute, display and/or copy any Spirit Stock Content.

2.4 You may not remove any watermarks or copyright notices contained in the Spirit Stock Content.


3. INTERNET SOFTWARE OR COMPUTER VIRUSES

3.1 Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site. Spirit Stock shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Spirit Stock recommends that you install appropriate anti-virus or other protective software.


4. INFORMATION YOU PROVIDE

4.1 Spirit Stock (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Spirit Stock subject to your agreement with the applicable third-party platform. Spirit Stock’s collection and use of all such information shall at all times conform to this Terms of Use, the Spirit Stock Privacy Policy, and applicable law.

4.2 Spirit Stock will use and protect your personal information, such as your name and address, in accordance with the Spirit Stock Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.


5. INFRINGEMENT CLAIMS / DMCA NOTICES

5.1 If you believe that any Image or other material made available by Spirit Stock infringes upon any copyright that you own or control, you may notify Spirit Stock via email at info@spiritstock.net.


6. LIMITATIONS

6.1 You agree that you shall not: Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Spirit Stock or any third party. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use. Violate the rights of Spirit Stock or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.


7. RESTRICTION AND TERMINATION OF USE

7.1 Spirit Stock may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Spirit Stock Content at any time in Spirit Stock's discretion, without prior notice or liability to you. Any conduct by you that, in Spirit Stock’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.


8. LINKS TO THIRD PARTY SITES

8.1 In the event that the Site is available through any third-party platform, or if Spirit Stock 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 Spirit Stock 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 Spirit Stock, and Spirit Stock 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 Spirit Stock.


9. WARRANTIES AND DISCLAIMERS

9.1 Your use of the Site is at your own risk. The Site is provided by Spirit Stock under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Spirit Stock expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Spirit Stock makes no warranty that:

(i) the Site will meet your requirements;

(ii) access to the Site will be uninterrupted;

(iii) the quality of the Site will meet your expectations; and

(iv) any errors or defects in the site, services or materials will be corrected. Spirit Stock makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Spirit Stock will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.


10. INDEMNIFICATION

10.1 You agree to defend, indemnify and hold harmless Spirit Stock, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Spirit Stock Content, or your violation of any rights of another.


11. EMAIL

11.1 Feel free to email Spirit Stock at info@spiritstock.net However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Spirit Stock is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that: Spirit Stock has no obligation concerning such information; the information is non-confidential; Spirit Stock may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and the information is truthful and disclosure of the information does not violate the legal rights of others.


12. MISCELLANEOUS

12.1 Any controversy or claim arising out of or relating to this agreement or any breach thereof shall be settled by arbitration in accordance with Ontario law; and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The place of arbitration shall be within the province of Ontario, Canada. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Spirit Stock 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 Spirit Stock, such action is necessary or desirable.

13.2 These Terms of Use are governed by and shall be construed in accordance with the laws of the Province of Ontario, without respect to its conflict of laws principles.

13.3 In the event of any conflict between these Terms of Use and any license agreement you enter with Spirit Stock, the terms of such license agreement shall control.

13.4 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

Privacy Policy

1. INFORMATION COLLECTION

1.1 The Spirit Stock Network ("Spirit Stock") collects information from you when you purchase merchandise from our site. As part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

1.2 When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.


2. CONSENT TO COLLECT INFORMATION

2.1 When you order products or services as a Spirit Stock customer, we may collect the following Personal Information from you: Contact information such as your name, phone and fax numbers, address and email address; and Billing information such as the number, expiration date, card type and billing address of your credit card; and Demographic information such as your job title, job description and company name and company type. If you submit content to Spirit Stock for licensing, you may be asked to provide the following information: Contact information such as your name, phone number, primary address, and email address. Spirit Stock will verify this information by asking you to either: a) upload a scan of a government issued ID (which will be stored on our servers); or b) provide a credit card number. Your credit card number will be used solely for the purpose of verifying your name and address. The credit card number will not be stored. Payment and contributor information including, but not limited to, payout method, payout email, desired display name, skill level, content focus, etc. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

2.2 If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by following the detailed unsubscribe instructions at the bottom of each email.


3. HOW YOUR INFORMATION IS USED

3.1 We do not sell, rent or share your personally identifiable information to or with third parties in any way other than as disclosed in this Privacy Policy. Spirit Stock collects your information in order to record and support your participation in the activities you select. Spirit Stock or one of our trusted partners may use this information to:

Process your financial transactions.; Send you order / renewal confirmations;

Register your rights, if any, to technical support or other benefits that may be made available to registered users;

Respond to customer service requests, questions and concerns;

Administer your account; Send you requested product or service information;

Keep you informed about special offers and services of Spirit Stock and selected third parties;

Administer promotions and sweepstakes you enter and notify you of the results;

Investigate, prevent or take action regarding illegal activities and/or violations of our Terms of Service;

Meet our research and product/service development needs and to improve our Site, services and offerings; and

Customize your experience, including targeting our services and offerings to you.

3.2 We store information that we collect through cookies, log files, transparent images, and/or third party sources to create a summary of your preferences. We tie your personally identifiable information, and/or your membership usage history, to information in the summary, in order to provide tailored promotions and marketing offers, to improve the content of the site for you and/or to determine your preferences.

3.3 In certain situations, Spirit Stock may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

3.4 We further reserve the right to disclose your Personal Information as required by law (e.g., to comply with a subpoena, warrant, court order, or legal process served on Spirit Stock ) and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.


4. DISCLOSURE

4.1 Your information whether public or private will not be sold, exchanged, transferred, or given to any other company without your consent, other than for the express purpose of delivering the purchased product.

4.2 We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.


5. WEBSITE HOST

5.1 Spirit Stock is hosted by SmugMug and uses the same site for our e-commerce needs. They provide us with the online e-commerce platform that allows us to sell our products and services to you. They store your data on a secure server behind a firewall.


6. Payment

6.2 Your data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.

6.3 All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.


7. THIRD-PARTY SERVICES

7.1 In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

7.2 For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.


8. SECURITY

8.1 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

8.2 If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 110% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.


9. AGE OF CONSENT

9.1 By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


10. LINKS

10.1 When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.


11. CHANGES TO THIS PRIVACY POLICY

11.1 We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

11.2 If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

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