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VectorStock® Membership and Content License Agreement

VectorStock Media Ltd (VectorStock, we, us or our) provides a service for the supply and licensing of vector images, graphics, icons and illustrations (Content) via the www.vectorstock.com website (Service). The Service allows persons to contribute Content (Artists), to make their Content available on the VectorStock® website, and persons registered with us (Members), to download Content from the VectorStock® website. The Service acts as an exchange to allow each Artist to grant to Members a licence to use the Artist's Content when downloaded.

A person may apply to be a Member by completing the registration details on the Sign-up' page of the Website and clicking the tick box to confirm that they agree to the terms of this Agreement.

This VectorStock® Membership Agreement (Agreement) is between VectorStock and the person named as the Customer in your original registration to become a Member (you or your). Your use of the Service will be governed by this Agreement, the VectorStock® Website Terms of Use, the Take Down Policy and the Privacy Policy.

If any of the terms of this Agreement are inconsistent with those in the VectorStock® Website Terms of Use, the terms of this Agreement will prevail.

Access

  1. We reserve the right to modify, suspend or terminate access to the member login area, the availability of any Content or the upload, download or other functions that we provide as part of the Service at any time for any reason, without notice or refund. This includes the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
  2. You are responsible for all activities that occur under your account. You agree to maintain the security of your login information and password for the Service and notify us immediately of any unauthorized use of your account.

Licence terms

  1. When you download Content from the VectorStock® website, you will be granted a licence by the relevant Artist to use that Content on the terms set out below. The type of rights that you will be granted will depend on whether you choose to download Content under a free licence, standard licence or Expanded licence. If you are unsure as to whether a use is permitted under your licence, please contact [admin@vectorstock.com].

    The major differences between the licence types are set out generally in the following table for comparison purposes. However, it is only a summary, so please refer to paragraphs a to c below for the full terms relating to those licences.

    Free licence Standard licence Expanded licence
    Permitted number of persons in which Content may be used One person One person Unlimited persons within your organization
    Permitted purposes Personal use and evaluation Commercial use but not for resale Commercial use, including resale of non-vector format products
    Maximum number of permitted units in print and production runs None – for evaluation and personal use only 250,000 units in total Unlimited

    1. Free licence terms

      If you download Content that is stated to be a 'Free Download' on the VectorStock® website by clicking on the '[Free Download]' button (Free Content), the relevant Artist grants you a non-transferable, personal, perpetual, non-exclusive licence to use that Free Content only for the purposes of evaluation and personal use and in accordance with this clause 3a. This licence entitles you (if you are an individual) or one person in your organization (if you are a company or other legal entity) to use the Content. If you are a company or other legal entity, you may transfer the Content files to another person in your organization provided that you delete the Content files from the computer and devices of the transferring person.

      You must not:

      1. publish any Free Content, electronically or in any form (hard or soft copy);
      2. sell, rent, lend, assign, transfer, distribute or try to sub-license or allow any other person to use the Free Content for any purpose except as expressly permitted in this clause 3a;
      3. share Free Content across any file sharing network (including any peer to peer network);
      4. use the Content in a way where there is potential for the file embodying the Content to be downloaded, copied in any way or extracted, reinstated or restored by a third party;
      5. incorporate the Free Content directly in any product that will be available for re-distribution or re-use of the Free Content (such as flash web sites, web templates, design template applications etc);
      6. make the Free Content available in a manner such that a person can extract or rip or reproduce the Free Content in its electronic form;
      7. use the Free Content in any obscene, immoral, unlawful, infringing or defamatory manner or in a way that may bring any person or property reflected or described in the Content into disrepute;
      8. use the Free Content or any part of the Free Content on a website or in any way that competes with VectorStock®, or in business in any media format or in any situation that we regard as being a conflict of interest between us and you or your use of the Free Content;
      9. resell the Content in any format (including any that will allow a third party access to the Content in a digital vector format (eg. EPS, Ai, Flash, SVG etc)); or
      10. use the Free Content for any purpose other than for evaluation or personal use.

      For the purposes of clause 3a, you will still be considered to have made the Free Content available in a manner that allows it to be extracted, reinstated, restored, ripped or reproduced by another person, even if you have encoded, encrypted or locked the Free Content or the file embodying it.

      If you require additional rights in respect of the Free Content, you may purchase a Standard Licence or Expanded Licence (subject to availability) as set out below.

    2. Standard licence terms

      If you download Content after selecting the '[Licence – Standard]' option on the VectorStock® website, the relevant Artist grants you a non-transferable, perpetual, non-exclusive licence to use that Content for commercial purposes in accordance with this clause 3b. This licence entitles only you (if you are an individual) or one person in your organization (if you are a company or other legal entity) to use the Content. You may transfer the Content files to another person in your organization provided that you delete the Content files from the computer and devices of the transferring person. If you are a company or other legal entity, you are also permitted to transfer files containing the Content to your clients, suppliers, printers or internet service provider for the purpose of reproduction for permitted uses only, provided that such parties shall have no further or additional rights to use the Content.

      The standard licence entitles you to use and reproduce the Content for commercial purposes in the following ways:

      1. Print and production runs up to a combined total of 250,000 units of the following products and materials:
        1. advertising, marketing and design, promotional graphics, broadcast TV, film or TVC, film commercials, flyers, brochures and catalogues (in digital or hard copy);
        2. promotional postcards, greeting cards and calendars;
        3. promotional (free) Apps, software, gaming and computer GUI design,
        4. books and book covers, product packaging, editorial in magazines and newspapers, general editorial and newsletters;
        5. posters and billboards; and
        6. sign writing, logo and branding design;
        7. website design;
        8. ebooks, screen savers and digital banner advertising;
        9. web and online digital publications,

      provided that (except for option (4)) you do not directly or indirectly allow any of these items to be resold or made available to anyone else for money or any other consideration and subject to the restrictions below. This limitation does not prevent you from being hired, contracted or engaged by a third party to incorporate the Content in the items listed above, provided that the third party will not allow any of those items to be resold or made available to anyone else for money or any other consideration. You will be responsible for the third party's use of the items in such circumstances.

      You must not:

      1. sell, rent, lend, assign, transfer, distribute or try to sub-license or allow any other person to use the Content for any purpose except as expressly permitted in this clause 3b;
      2. share the Content across any file sharing network (including any peer to peer network);
      3. use the Content in a way where there is potential for the file embodying the Content to be downloaded, copied in any way or extracted, reinstated or restored by a third party;
      4. incorporate the Content directly in any product that will be available for re-distribution or re-use of the Content (such as flash web sites, web templates, design template applications etc) or otherwise make the Content available in a manner such that a person can extract or rip or reproduce the Content in its electronic Vector form;
      5. use the Content in any obscene, immoral, unlawful, infringing or defamatory manner or in a way that may bring any person or property reflected or described in the Content into disrepute;
      6. use the Content or any part of the Content in any way that competes with VectorStock®, or in business in any media format or in any situation that we regard as being a conflict of interest between us and you or your use of the Content; or
      7. resell the Content in any format (including any that will allow a third party access to the Content in a digital vector format (eg. EPS, Ai, Flash, SVG etc)).

      For the purposes of clause 3b, you will still be considered to have made the Content available in a manner that allows it to be extracted, reinstated, restored, ripped or reproduced by another person, even if you have encoded, encrypted or locked the Content or the file embodying it.

      If you wish to allow more than one person in your organisation to use the Content, resell a product that uses or contains our Content, or make a print or production run using the Content exceeding 250,000 units, you must purchase an Expanded Licence. Note that Expanded Licences may not be available for all Content.

    3. Expanded licence terms

      If you download Content after selecting the '[Licence – Expanded]' option on the VectorStock® website (where that licence option is available for that Content), the relevant Artist grants you a non-transferable, perpetual, non-exclusive licence for you (if you are an individual) and persons in your organization (if you are a company or other legal entity) to use that Content for commercial purposes in accordance with this clause 3c.

      The licence entitles you to use and reproduce the Content for commercial purposes, including for resale in Non-Vector Formats, in an unlimited number of the following ways:

      1. creating items (digital or hard copy) for resale, such as t-shirts, fabric prints, flags, postcards, stickers, posters, coffee mugs, calendars etc;
      2. digital reproduction in Non-Vector Formats on websites that allow creation of custom products such as t-shirts, gifts, posters etc or for digital scrapbooking kits;
      3. commercial (paid) Apps, software, gaming and computer GUI design;
      4. website templates, document templates, wallpapers, screensavers, e-cards or similar products for resale;
      5. sharing the Content with an unlimited number of other people within your organization or company and without deleting the Content files from the computer and devices of the transferring person;
      6. advertising, marketing and design, promotional graphics, broadcast TV, film or TVC, film commercials, flyers, brochures and catalogues (in digital or hard copy);
      7. website design;
      8. promotional postcards, greeting cards and calendars;
      9. books and book covers, product packaging, editorial in magazines and newspapers, general editorial and newsletters;
      10. ebooks, screen savers and digital banner advertising;
      11. posters and billboards;
      12. sign writing, logo and branding design;
      13. web and on-line digital publications,

      subject to the restrictions below.

      "Non-Vector Formats" means .jpg, .gif or .bmp files or similar raster files.

      You must not:

      1. sell, rent, lend, assign, transfer, distribute or try to sub-license or allow any other person to use the Content for any purpose except as expressly permitted in this clause 3c;
      2. use the Content in any obscene, immoral, unlawful, infringing or defamatory manner or in a way that may bring any person or property reflected or described in the Content into disrepute;
      3. use the Content or any part of the Content on a website or in any way that competes with VectorStock®, or in business in any media format or in any situation that we regard as being a conflict of interest between us and you or your use of the Content; or
      4. resell the Content in any format that will allow a third party access to the Content in a digital vector format (eg. EPS, Ai, Flash, SVG etc).
  2. The licences for Content that you have downloaded include the right to crop, modify, alter, combine with other works or create derivative works of the relevant Content.
  3. All rights, including copyright and all other intellectual property rights, in and to the Content are owned by the Artists. All rights in and to the Content that are not expressly granted to you under this Agreement, are reserved by the Artists.
  4. On behalf of the relevant Artists, we may terminate any licence granted to you during your use of the Service (by sending you notice using the e-mail address registered to your account) at any time if you breach the terms of this Agreement or the VectorStock® Website Terms of Use or in accordance with our Take Down Policy. Upon receiving that notice, or if you know that use of the Content infringes or is likely to infringe a third party's rights, you must immediately cease using the relevant Content you have downloaded for any purpose and must destroy or delete all relevant Content files and any derivative works, copies, archives or accompanying materials (if applicable) that include graphical depictions of the relevant Content. If we request you to do so, you must acknowledge that you have complied with these obligations in writing.
  5. If we terminate any licence in accordance with our Take Down Policy, we will either refund your account with the credits you used to buy that licence or provide a licence to similar replacement Content without further charge.
  6. If you have purchased a licence to Content, and the relevant Content file is defective or is not available for download for technical reasons, we will refund the credits you used to buy that licence to your account on request. Please email support@vectorstock.com for assistance if a file is defective.

Credits

  1. In order to purchase licences to use Content (other than Free Content under a Free licence), you will need to purchase credits to add to your VectorStock® account. You may purchase credits using Paypal, Moneybookers or specified credit cards on the VectorStock® website.
  2. The cost of purchasing credits for the Service will be specified at the time of your purchase. At the date of this Agreement, the cost of 1 credit = $1 USD. However, we reserve the right to change the prices and vary this formula (see clause 31 below). By approving the purchase of credits, you authorize us to charge your specified credit card or PayPal or Moneybookers account (as applicable) for the amount of that purchase.
  3. The cost in credits of purchasing a licence for different Content on the VectorStock® website may differ depending on the particular Content and the type of licence sought (for example, an Expanded licence may cost more credits than a standard licence for the same Content).
  4. Credits cannot be resold or transferred and are refundable where required by applicable law or as permitted by us in our sole discretion.
  5. Credits are valid for 12 months from the date of purchase. We will give you at least fourteen days' notice that any credits in your account are due to expire using the e-mail address registered to your account. You may request us to extend the expiry period of the credits for a further 12 months by using the link provided in the e-mail notice. If you have not used credits and have not applied to extend the expiry period of the credits, those credits will expire after the 12 month expiry period and may no longer be used. You will not be entitled to a refund of amounts paid for any such expired credits.

Term and termination

  1. This Agreement will continue until terminated under clauses 15 to 17.
  2. You can terminate this Agreement by deleting your account in the member login area of the VectorStock® website.
  3. We can terminate this Agreement at any time upon giving five days' notice to you using the e-mail address registered to your account.
  4. We can also terminate this Agreement with immediate effect by giving notice to you using the e-mail address registered to your account if you fail to comply with the terms of this Agreement, the VectorStock® Website Terms of Use, the Take Down Policy or, if you are an Artist, the VectorStock® Artist Agreement.
  5. Upon termination of this Agreement, any licences granted to you under this Agreement will automatically terminate and you must immediately cease using the Content you have downloaded for any purpose and must destroy or delete all Content files and any derivative works, copies, archives or accompanying materials (if applicable) that include graphical depictions of the Content. If we request you to do so, you must acknowledge that you have complied with these obligations in writing.
  6. Upon termination, you will forfeit all unused credits in your account and you will not be entitled to a refund of amounts paid for any such credits.
  7. Clauses 5, 6, 7, 12, 13, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 33, 34 and 36 survive termination of this Agreement for any reason.

Your representations and warranties

  1. You represent and warrant to us that:
    1. If you are an individual, you are at least 18 years of age;
    2. If you are a company, body corporate or other legal entity, you have full capacity to enter into this Agreement;
    3. You have reviewed, and agree to be bound by, the VectorStock® Website Terms of Use, the Take Down Policy and the Privacy Policy; and
    4. Any credit card information that you supply is true, correct and complete and you are the cardholder or are authorized by the cardholder to make any payment using that credit card.

Disclaimer of warranties and limitation of liability

  1. You acknowledge and agree that the Service and Content are provided 'as-is' and 'as available' and your use of the Service and the Content is conducted entirely at your own risk. We make no representations or warranties as to the availability, operation or security of the Service or that the Content is free of defects or will meet your requirements. You acknowledge and agree that, except as expressly provided in this Agreement, we give no warranties in relation to the subject matter of this Agreement, either express or implied, including but not limited to any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result. You acknowledge that:
    1. You do not enter into this Agreement in reliance on any representation, warranty, term or condition except as expressly provided in this Agreement; and
    2. Any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
  2. While we have made reasonable efforts to correctly categorize and keyword the Content, we do not warrant the accuracy of such information.
  3. Artists submitting Content for the Service are required to warrant that they have all necessary rights to provide the Content on the Service and to grant licences of rights in that Content to Members in accordance with this Agreement. We do not grant any rights nor make any warranties in respect of any third party names, trademarks, service marks, logos or designs that may be contained or represented in any Content and it is your responsibility to ensure that you have all appropriate permissions and consents necessary for your use of the Content.
  4. To the extent permitted by applicable law, subject to clause 26, the maximum liability of us to you arising out of any and all claims under this Agreement, or relating to the Content that you download using the Service, will not in any circumstances exceed the sum of $400 USD.
  5. To the extent permitted by applicable law, in no event will we be liable (whether in contract, tort including negligence, or otherwise) to you for:
    1. loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss caused by interruption, loss or corruption of data or wasted management or staff time; or
    2. loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,
    arising directly or indirectly out of this Agreement, even if we had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by us.
  6. Where applicable laws do not allow warranties or terms to be excluded or liability to be limited, some of the above disclaimers and limitations may not apply to you and you may have additional rights. None of the exclusions or limitations in this Agreement will have the effect of limiting or excluding any liability to the extent such liability cannot be limited or excluded under applicable law.

Indemnity

  1. You agree to at all times indemnify and hold us and any of our officers, employees, directors, shareholders and agents harmless against all liability, claims, losses, damages, costs (including legal costs) and other expenses of any nature whatsoever awarded against, incurred or suffered by us and any of our officers, employees, directors, shareholders and agents arising out of or in connection with any use of Content by you or any use of the Service under your account or arising from any breach by you of this Agreement.

Governing law

  1. This Agreement shall be governed by, and must be interpreted in accordance with, the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
  2. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

Amendments to this Agreement

  1. We may make changes to this Agreement from time to time, and you agree to be bound by such changes. If we make such changes, we will notify you by posting notice of the update in the member login area of the VectorStock® website and the changes will be effective immediately (unless stated otherwise). You are responsible for reviewing our website regularly to obtain timely notice of any such changes. If you do not agree to the terms of this Agreement, as amended and updated from time to time, do not use or download any Content.

General provisions

  1. This Agreement, together with the VectorStock® Website Terms of Use, the Take Down Policy, the Privacy Policy and, if you are an Artist, the VectorStock® Artist Agreement, comprise the entire agreement between us and you and supersede any prior agreements, representations, understandings or undertakings between us and you relating to the subject matter of this Agreement.
  2. Our failure or delay in the exercise of any right or remedy we may have under this Agreement will not be construed or operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
  3. If any part of this Agreement is held to be invalid, unenforceable or illegal for any reason, this Agreement will remain otherwise in full force and effect apart from such provisions, which will be deemed deleted.
  4. You agree that we may assign, transfer or novate this Agreement to another person without your consent. You may not assign, transfer, novate or sub-license this Agreement, or any of your rights under it, without our prior written consent.
  5. You agree that we may deliver all notices under this agreement by e-mail or any other means legally permitted under New Zealand law. You may change or update your registered e-mail address at any time in the member login area of the VectorStock® website. Our e-mail address is admin@vectorstock.com.
  6. We are not the agent or partner of you and you are not our agent or partner. Neither of us may make any commitments on the other’s behalf, nor represent that we have authority to commit the other party.

Last updated: 18th October 2022