Terms and conditions of use
ELI Global Ltd
When we use “We”, “Us”, “Our”, “Eterstock” in the text of this Terms we mean ELI Global Ltd, a company registered in the United Kingdom at 85 Great Portland Street, First Floor, London, United Kingdom, W1W7LT, registration number 12586107 and its affiliated companies, which are the developers and the owners of the different products and services under the brand “Eterstock”, including but not limited to Eterstock Website.
The Agreement is a legally binding contract between you as a client whether in your natural person capacity (“the Client” or “you” as the context require), on the one part, and Eterstock, on the other part (hereinafter collectively be referred to as the “Parties” and individually as the “Party”) and regulates the mutual rights and duties of the Parties in respect of the use of the Eterstock Services.
The Agreement is a public offer and the Client confirms its adoption and acceptance by clicking the "Sign up" button when creating an account.
PRIVACY AND PERSONAL INFORMATION
USE OF THE WEBSITE
- By using our Website, you confirm that you accept these Terms and Conditions of Use and that you agree to comply with them.
- You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website.
- We may prevent or suspend your access to the Website if you do not comply with any part of these Terms and Conditions of Use, any terms or policies to which they refer or any applicable law.
- You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Eterstock 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 and Conditions of Use.
- Violate the rights of Eterstock or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Eterstock may block, restrict, disable, suspend or terminate your access to all or part of the Website and/or Eterstock Content at any time in Eterstock 's discretion, without prior notice or liability to you. Any conduct by you that, in Eterstock’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Website is strictly prohibited and may result in the termination of your access to the Website without further notice.
DELIVERY OF THE PRODUCT
When you would like to use Eterstock services and download any available Visual Content, after choosing a relevant image plan you’ll be asked to perform the payment. After successful transaction, in case of one-click purchase chosen Image will be available for download in your personal account, in case of other types of image plans, in your personal account you’ll be able to check the amount of Images available for download.
OWNERSHIP OF RIGHTS, HYPERLINKS AND THIRD-PARTY SITES
All rights, including copyright, know-how, trademarks and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, software, software code, interfaces, website structure, in and to this Website are owned by or licensed to us unless otherwise indicated.
All content on this Site, including but not limited to Images, Pictures, and related metadata (collectively the "Eterstock Content"), as well as the selection and arrangement of the Eterstock Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Eterstock Content violates such laws and this Terms and Conditions of Use. Except as expressly provided herein or in a separate license agreement between you and Eterstock, Eterstock does not grant any express or implied permission to use the Website or any Eterstock 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 Website or any Eterstock 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 Website or Eterstock Content.
Unless you enter into a license agreement with Eterstock you may not download, distribute, display and/or copy any Eterstock Content.
You may not remove any watermarks or copyright notices contained in the Eterstock Content.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in either the Website or its contents.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Except when required by law, Eterstock shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize Eterstock to charge you all subscription fees for the duration of the term agreed to at the time of purchase. In the event that Eterstock 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. If you reside in the European Union and you cancel your account within fourteen (14) days of making payment to Eterstock, provided that you have not yet downloaded or licensed any Visual Content, Eterstock will refund the payment made by you in connection with such cancelled account. To cancel your account, please contact us at [email protected].
WARRANTIES AND DISCLAIMERS
Your use of the Website is at your own risk. The Website is provided by Eterstock under these terms and conditions of use "as is'' without warranty of any kind, either express, implied, statutory or otherwise. Eterstock expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Website, 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, Eterstock makes no warranty that: (i) the Website will meet your requirements; (ii) access to the Website will be uninterrupted; (iii) the quality of the Website will meet your expectations; and (iv) any errors or defects in the Website, services or materials will be corrected. Eterstock makes no representations or warranties that the Website will be permitted in your jurisdiction, that the Website will meet your needs, or that Eterstock will continue to support any particular feature of the Website. 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 Website, and no warranties shall apply after such period.
You agree to defend, indemnify and hold harmless Eterstock, 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 Website, your breach or alleged breach of the Website Terms and Conditions of Use or of any representation or warranty contained herein, your unauthorized use of the Eterstock Content, or your violation of any rights of another.
IN NO EVENT WILL ETERSTOCK, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OWNERS, DIRECTORS AND OFFICERS, BE LIABLE TO ANY CLIENT OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE WEBSITE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ETERSTOCK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL ETERSTOCK, INCLUDING ANY OF ITS SERVICE PROVIDERS', BEAR COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.00.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
WE DO NOT GUARANTEE THAT OUR WEBSITE WILL BE SECURE AND FREE FROM VIRUSES OR ANYTHING ELSE WHICH MAY HAVE A HARMFUL EFFECT ON ANY TECHNOLOGY. YOU MUST USE YOUR OWN VIRUS PROTECTION SOFTWARE WHEN ACCESSING OUR WEBSITE ON YOUR DEVICE.
CHANGES TO THESE TERMS AND CONDITIONS OF USE
We reserve the right to change and update these Terms and Conditions of Use from time to time. In the event of changes made to this Terms, the modified version will be immediately published on the Website. You should regularly review this Terms. If the changes in this Terms are significant, we will do our best to inform you about the changes and to make such changes clearly introduced to you. If changes to this Terms are not significant, we will notify you of such changes by posting the updated Terms on our Website.
This Agreement shall be governed by and construed according to the laws of the United Kingdom. For all matters not covered in this Agreement, Parties shall be governed by the laws of the United Kingdom.
Any disputes that may occur as a result of implementation of the present Agreement and other agreements established between the Parties, are resolved in compliance with legislation of the United Kingdom.
You understand and agree that all communication with you will be via email.
Please contact us if:
- you have any questions, inquiries or comments about this Agreement;
- you wish to access, update, and/or correct inaccuracies in your personal information; or
- you otherwise have a question or complaint regarding the Eterstock Services.
You may contact us by E-mail at: [email protected].
This Terms and Conditions of Use comes into force on May 22, 2023.