ACCEPTANCE OF TERMS
By accessing or using this Site
in any way, you agree to and are bound by the terms and conditions set forth in
this document and in any changes hereto that ("E-Stock"),, Inc.
E-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
E-Stock may change these Terms
of Use and other guidelines and rules posted on the Site 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
page of E-Stock.us to view the then-current terms. If you breach any of the
INTELLECTUAL PROPERTY; LIMITED
LICENSE TO USERS
1. All images and other content
on this Site (collectively the "Content"), as well as the selection
and arrangement of the Content, are protected by copyright, trademark, patent,
trade secret and other intellectual property laws and treaties (collectively,
"Intellectual Property Laws"). Any unauthorized use of any Content
or in the Subscriber Terms of Service, E-Stock does not grant any express or
implied permission to use any 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 or the 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 Content.
2. For the purposes of these
registered trademarks, logos, service marks, trade names, Internet domain
names, or other indications of origin now or in the future used by E-Stock.
3. Nothing contained herein
grants or shall be construed to
grant you any rights to use any
E-Stock Trademark, unless expressly
conferred by these Terms of
4. You agree that you will not
use E-Stock Trademarks in any manner that might tarnish, disparage, or reflect
adversely on such Trademarks or E-Stock.
5. 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 E-Stock Trademarks or the Trademark rights claimed by
6. You agree that you will not
use any E-Stock 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.
7. You may not at any time,
adopt or use, without E-Stock prior written consent any word or mark which is
similar to or likely to be confused with E-Stock's Trademarks.
8. The look and feel of the
E-Stock website, including all page headers, custom graphics, button icons, and
scripts, is the trade dress and/or trademark or service mark of E-Stock and may
not be copied, imitated or used, in whole or in part, without the prior written
consent of E-Stock.
9. All other trademarks,
product names, and company names or logos used or appearing on the E-Stock
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 E-Stock, unless expressly so stated.
10. You may not use a E-Stock
trademark, logo, Image or other proprietary graphic of E-Stock to link to the
E-Stock website without the prior written consent of E-Stock.
11. You may not frame or
hotlink to the E-Stock website or any Image without the prior written consent
INFRINGEMENT CLAIMS / DMCA
12. If you believe that any
Image or other material made available by E-Stock infringes upon any copyright
that you own or control, you may notify E-Stock in the manner set forth in our
DMCA Copyright Infringement Notice Policy.
13. You agree that you shall
a. Engage in any conduct that
shall constitute a violation of any law or that infringes the rights of E-Stock
or any third party.
b. Violate any applicable laws
or regulations related to the access to or use of the Site, or engage in any
c. Violate the rights of
E-Stock or any third party (including rights of privacy and publicity) or
abuse, defame, harass, stalk or threaten another.
USE OF CONTENT
14. Certain Content will only
be made available to users who pay E-Stock a fee for such Content and/or enter
into a subscription agreement or other use agreement for that particular
Content. Unless you enter into a subscription agreement with E-Stock you may
not download, distribute, display and/or copy any Content.
15. You may not remove any
watermarks or copyright notices contained in the Content.
16. E-Stock reserves the right
to revoke this license at any time for any reason.
RESTRICTION AND TERMINATION OF
17. E-Stock may block,
restrict, disable, suspend or terminate your access to all or part of the Site
and Content at any time in E-Stocks discretion, without prior notice or
liability to you.
LINKS TO THIRD PARTY SITES
18. IN THE EVENT THAT E-Stock
PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD
PARTY TO LINK FROM ITS WEBSITE TO THE E-Stock WEBSITE, YOU SHOULD BE AWARE THAT
E-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
WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF E-Stock, AND E-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 E-Stock
WARRANTIES AND DISCLAIMERS
19. THE SITE, SERVICES AND
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, E-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.
PERSONAL INFORMATION AND
20. E-Stock will use and
protect your data, such as your name and address, in accordance with the
E-Stock Privacy Statement, the contents of which are incorporated by reference
21. You agree to defend, indemnify
and hold harmless E-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 the E-Stock website, your
or warranty contained herein, your unauthorized use of the E-Stock Images, or
your violation of any rights of another.
GOVERNING LAW AND JURISDICTION
22. This agreement is governed
by and shall be construed in accordance with the laws of the State of
New York. You hereby
consent to the personal jurisdiction of the state and federal courts located
within such state. All actions, controversies and disputes arising from or
relating to this agreement shall be heard and decided exclusively before the
courts located within the State, County and City of New York and not elsewhere.
You agree that service of process in any actions, controversies and disputes
copy thereof by registered or certified mail (or any substantially similar form
of mail), postage prepaid, to the other party however, nothing herein shall
affect the right to effect service of process in any other manner permitted by
law. This agreement 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 this agreement shall not
affect the validity or enforceability of the balance here of.
© 2013 E-Stock. All rights reserved