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VectorStock® Take Down Policy

US Digital Millennium Copyright Act

This policy sets out when VectorStock Media Ltd (VectorStock, we, or us) may remove vector images, graphics, icons and illustrations (Content) that are provided by contributing users (Artists) and made available for download by registered users (Members) on the www.vectorstock.com website (Website).

Removal of Content generally

  1. We reserve the right to edit, remove or delete any Content for any reason in our sole and absolute discretion, including where we consider (in our sole discretion) that Content:
    1. Breaches the terms of the Website Terms of Use, VectorStock® Membership and Content License Agreement or VectorStock® Artist Agreement;
    2. Is, in our view, objectionable, obscene, immoral, offensive, pornographic, malicious or otherwise unacceptable;
    3. Is defamatory or likely to bring a person or property reflected or described in the Content into disrepute, infringes a person's privacy or is otherwise illegal under any relevant laws;
    4. Infringes or is likely to infringe the copyright or other intellectual property or other rights of a third party; or
    5. Is the subject of an infringement notification under this Take Down Policy.
  2. While we have the right to screen, edit, remove or delete Content or correct errors, we do not have the obligation to correct any errors or omissions or to screen or monitor any Content. Artists are solely responsible for any Content that they provide to VectorStock®.

US Digital Millennium Copyright Act - Agent for receiving notifications relating to claimed infringements

  1. Our agent for receiving notifications of claimed infringements is as follows:
    Stephen Green
    65 Ponsonby Road, Ponsonby, Auckland, New Zealand 1011
    Phone: 0800 440024
    stephen@vectorstock.com

US Digital Millennium Copyright Act - What to do if you believe Content is infringing your copyright

  1. If you believe that Content on our Website infringes a person's copyright, you may request that we remove, or disable access to, such Content by sending to our agent (identified in clause 3) a notification of claimed infringement that includes substantially the following:
    1. A physical or electronic signature of the copyright owner or a person that the copyright owner has authorized to act on their behalf;
    2. Identification of the copyrighted work (or works) that you claim has been infringed (including a webpage link may be helpful);
    3. Identification of the Content on our Website that you claim is infringing copyright and that you are requesting be removed or access to which be disabled (such as by including the link to the Content on our Website);
    4. Your address, telephone number and email address so that you can be contacted about the claim;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. If you are unsure whether Content on our website infringes a person's copyright, you agree to obtain appropriate legal or other advice. You understand that if you misrepresent that Content is infringing, you could potentially be liable under relevant laws for perjury or for damages or other remedies.

US Digital Millennium Copyright Act - What we do if we receive a notice that Content is infringing a person's copyright

  1. When we receive a notification claiming that Content on our Website is infringing a person's copyright, we may (but are under no obligation to do so) seek clarification of any aspects of that notice that are unclear.
  2. When we receive a notification claiming that Content infringes a person's copyright which meets the requirements in clause 4 above or when we otherwise consider (in our sole discretion) that Content is infringing a person's rights, we will:
    1. Remove, or disable Website access to, the Content that is claimed to infringe such copyright;
    2. Notify the Artist that provided the Content to VectorStock® using the e-mail address registered to the Artist on the Website, that the relevant Content has been removed or access to that Content has been disabled because it was the subject of a notification or claim that the Content infringed a person's copyright;
    3. Deduct from the contributing Artist's account the amount of any Artist revenue for the Content claimed to infringe or, to the extent that the contributing Artist has already been paid in respect of such amounts, we may deduct such amounts from any future Artist revenue accrued in the contributing Artist's account; and
    4. Notify, using the e-mail registered to relevant accounts, Members that purchased a licence to use the allegedly infringing Content that their licence to that Content has been revoked and they must cease using such Content. We will either (at our option) refund credits used to purchase such Content to such Members' accounts or provide such Members with similar replacement Content without further charge.

US Digital Millennium Copyright Act - What to do if you dispute the removal of Content that you submitted (as an Artist)

  1. If Content that you provided to VectorStock® (as an Artist) is removed or access to such Content is disabled under this Take Down Policy and you consider that such removal or disabling was done as a result of mistake or misidentification, you may request that we replace the Content or cease disabling access to it by sending to our agent (identified in clause 3) a counter notification that includes substantially the following:
    1. Your physical or electronic signature;
    2. Identification of the Content that was removed or to which access was disabled and the location where the Content appeared before the removal or disabling of access;
    3. A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content; and
    4. Your name, address and telephone number and a statement that you will accept service or process from the person who provided notification under clause 4 above (or their agent) and:
      1. If you are located in the United States, that you consent to the jurisdiction of the Federal District Court for the judicial district in which you are located; or
      2. If you are located outside the United States, that you consent to the jurisdiction of the courts of New Zealand and the courts of the jurisdiction in which you are located.
  2. If you are unsure of your rights in respect of Content and whether you should send a counter notification, you should obtain appropriate legal or other advice. You understand that if you misrepresent that Content was removed or disabled by mistake or misidentification, you could potentially be liable under relevant laws for perjury or damages or other remedies.
  3. If we receive a counter notification that meets the requirements in clause 8 above, we will:
    1. Provide a copy of the counter notification to the person who provided the original notification of infringement under clause 4 above and inform that person that we will replace the removed Content or cease disabling access to it within 10 business days;
    2. Replace the removed Content and cease disabling access to it within 10 to 14 business days following the receipt of the counter notice, unless our agent (identified in clause 3) receives notice from the person who provided the original notification of infringement that such person has filed an action seeking a court order to restrain the Artist from engaging in activity relating to the Content which infringes a person's copyright;
    3. Reinstate any Artist revenue which had accrued in the Artist's account but been deducted following receipt of the notification of infringement; and
    4. Notify Members that purchased a licence to the allegedly infringing Content using the e-mail registered to such Members' accounts that we have received a counter notification and that the relevant Content has been restored and access to it re-enabled.

US Digital Millennium Copyright Act - Termination of accounts of repeat-infringers

  1. If an Artist is the subject of repeated notifications that the Content that they submit is infringing a person's copyright, we will terminate the VectorStock® Artist Agreement and/or VectorStock® Membership and Content License Agreement with that Artist where we consider (in our sole discretion) that it is appropriate to do so. Such termination will constitute a termination for breach by the Artist/Member under the relevant Agreement and the Artist will not be entitled to request payment of Artist revenue accrued in that Artist's account.

Last updated: 24th September 2021