info@amazestock.com

Terms and Conditions

  • Terms of use

    Please read these Terms of Use carefully before accessing or using this website (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 Amazestock (“Amazestock”) 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 Amazestock 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 Amazestock.com to view the current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

  1. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
2.1 All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the “Amazestock Content”), as well as the selection and arrangement of the Amazestock Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Amazestock Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Amazestock, Amazestock does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any Amazestock 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 Amazestock 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 Amazestock Content.

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

2.3 You may not remove any watermarks or copyright notices contained in the Amazestock Content.

  1. AMAZESTOCK TRADEMARKS
3.1 For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Amazestock.

3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Amazestock Trademark, unless expressly conferred by these Terms of Use.

3.3 You agree that you will not use Amazestock’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Amazestock.

3.4 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 Amazestock Trademarks or the Trademark rights claimed by Amazestock.

3.5 You agree that you will not use any Amazestock 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.

3.6 You may not at any time, adopt or use, without Amazestock’s prior written consent any word or mark which is similar to or likely to be confused with Amazestock’s Trademarks.

3.7 The look and feel of the Amazestock website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Amazestock and may not be copied, imitated or used, in whole or in part, without the prior written consent of Amazestock.

3.8 All other trademarks, product names, and company names or logos used or appearing on the Amazestock 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 Amazestock, unless expressly so stated.

3.9 You may not use a Amazestock trademark, logo, Image or other proprietary graphic of Amazestock to link to the Amazestock website without the prior written consent of Amazestock.

3.10 You may not frame or hotlink to the Amazestock website or any Image without the prior written consent of Amazestock.

  1. SITE SERVICES
4.1 Various services are made available to you, pursuant to your use of the Site and Amazestock Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with Amazestock, and the law, you may access and use the Site Services. Amazestock remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. Amazestock may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in Amazestock’s sole discretion. Amazestock provides the Site Services on an “as is” and “as available” basis. Amazestock (or third parties acting on its behalf) may collect data related to your use of the Site Services

4.2 Amazestock may make Amazestock Content available through the Site Services. You may not use any Amazestock Content for any purpose without first obtaining a license to use such Amazestock Content. Any use of Amazestock Content by you shall be governed by the applicable license agreement separately entered into between you and Amazestock. Displaying and/or distributing to the public any watermarked or unlicensed Amazestock Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

  1. YOUR CONTENT
5.1 For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), including but not limited to the Site Services, you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii) Amazestock will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.

5.2 By uploading Your Content, you grant Amazestock a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site Services and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

5.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

  • Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
  • Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
  • Exploits minors;
  • Depicts unlawful or violent acts;
  • Depicts animal cruelty or violence towards animals;
  • Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
  • Violates any law, statute, or regulation.
  1. INFRINGEMENT
6.1 If you believe that any Image or other material made available by Amazestock infringes upon any copyright that you own or control, you may notify Amazestock immediately.
  1. LIMITATIONS
7.1 You agree that you shall not:
  • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Amazestock 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 Amazestock or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  1. RESTRICTION AND TERMINATION OF USE
8.1 Amazestock may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or Amazestock Content at any time in Amazestock’s discretion, without prior notice or liability to you. Any conduct by you that, in Amazestock’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.
  1. LINKS TO THIRD PARTY SITES
9.1 In the event that Amazestock provides links from its website to any third-party website or permits any third party to link from its website to the Amazestock website, you should be aware that Amazestock 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 Amazestock, and Amazestock 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 Amazestock.
  1. WARRANTIES AND DISCLAIMERS
10.1 Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by Amazestock under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. Amazestock expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, 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, Amazestock 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. Amazestock makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that Amazestock will continue to support any particular feature of the Site Services. 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 (7) days after the date on which you first used the Site Services, and no warranties shall apply after such period.
  1. PERSONAL INFORMATION AND PRIVACY
11.1 Amazestock will use and protect your data, such as your name and address, in accordance with the Amazestock Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
  1. INDEMNIFICATION
12.1 You agree to defend, indemnify and hold harmless Amazestock, 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, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Amazestock Content, or your violation of any rights of another.
  1. GOVERNING LAW AND JURISDICTION
13.1 These Terms of Use are governed by and shall be construed in accordance with the laws of India. You hereby consent to the jurisdiction of the country and courts located within India. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located within India and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a 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. 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

    Please note that the practices of Amazestock (“Amazestock”), with respect to personal information, are now governed by this Privacy Policy as same may be amended from time to time. We encourage visitors to and users of our site to regularly review our Privacy Policy.

    1. CHANGES IN PRIVACY POLICY
    All "Personal Information" ("Personal Information" is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains) that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. Amazestock reserves the right to amend the Privacy Policy from time to time at its sole discretion. You will be deemed to have been made aware of, and will be subject to, any material changes to the Privacy Policy. If Amazestock is acquired by or merged with another entity, Amazestock may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent.
    1. ENTITIES COLLECTING PERSONAL INFORMATION
    Personal Information on this Site is collected by Amazestock.
    1. UPDATING YOUR PERSONAL INFORMATION AND PRIVACY PREFERENCES
    You have the right to access and correct, or delete your Personal Information and privacy preferences at any time. For security purposes, certain Personal Information can only be changed by contacting support by email. We will respond to your request within a reasonable timeframe.
    1. COLLECTION OF PERSONAL INFORMATION
    As a visitor to the Site, you can engage in many activities without providing any Personal Information.
    
    However, when you order products or services as a Amazestock subscriber, 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 Amazestock for licensing, you may be asked to provide the following information:
    • Contact information such as your name, phone number, primary address, and email address.
    • Amazestock 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.
    
    As is true of most websites, when you use the Site, Amazestock or third parties authorized by Amazestock may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol (IP) address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. Amazestock also uses such environmental variables to measure traffic patterns on the Site. To better understand the needs of our visitors to the Site we may occasionally match such information with your Personal Information.
    
    In order to reduce errors in our database, authenticate our users, and prevent abuse of our system, we may on occasion supplement the Personal Information you submit to us with information from third-party sources. As permissible, we may also supplement the information you provide to us with demographic and other information (such as age or interest in photography) stored in third-party databases in order to make it more likely that marketing communications we send will be of interest to you.
    1. INFORMATION SHARING WITH SERVICE PROVIDERS / AGENTS
    Amazestock uses one or more outside credit card processing companies to bill you for our goods and services. To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purpose.
    
    We also share Personal Information with certain companies that perform services on our behalf. We only share the Personal Information which is necessary for them to perform those services. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for Amazestock.
    
    We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.
    1. HOW YOUR PERSONAL INFORMATION IS USED
    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. Amazestock collects your information in order to record and support your participation in the activities you select. Amazestock 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 Amazestock 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.
    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.
    
    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 Amazestock ) 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.
    1. DATA RETENTION
    We will retain your information for as long as your account is active or as needed to provide you services. If you wish to delete your account or request that we no longer use your information to provide you services contact us at info@Amazestock.com. We will respond to your request within 30 days. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
    1. CHOICE / OPT OUT
    You may "opt out" of receiving Amazestock's email updates, newsletters and/or partner emails by clicking on the "My Account" link on the Site and making the appropriate selections. The choice to opt out of such communications is also generally available during the sign-up process. Amazestock will still contact you when there are changes to the Terms of Service or Submitter Terms of Service, as applicable. In addition, we will still send you service-related announcements including, but not limited to, a registration email, benefit notification emails, emails automatically triggered by actions you took on the Site and bill related notices. Generally, you may not opt-out of these communications, which are not promotional in nature. If you wish not to receive them, you have the option of deactivating your account
    1. PROTECTION OF YOUR PERSONAL INFORMATION
    The Personal Information that you provide in connection with the use of the Site is protected in several ways.
    • Access by you to your account profile is available through a password and unique customer ID selected by you. This password is encrypted. You should strive to use a strong, alpha-numeric password which you should not divulge to anyone.
    • Your Personal Information resides on a secure server that only selected Amazestock personnel and contractors have access to via password.
    • Your Personal Information is encrypted whenever it is transmitted to Amazestock.
    • When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
    We strive to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. While we use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
    1. COOKIE AND TRACKING TECHNOLOGIES
    The Site may automatically collect information as you browse, such as Internet Service Provider, browser type and version, operating system and device type, average time spent on our site(s), pages viewed, information accessed, the Internet Protocol (IP) address used to connect your computer to the Internet and other relevant statistics. Such information is sometimes referred to as web analytics and/or clickstream data.
    
    We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and provide site functionality.
    
    Technologies such as: cookies, beacons, tags and scripts are used by Amazestock and our affiliates, analytics services and service to provide site features and functionality. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
    • A cookie is a small, unique text file that a website can send to your computer when you visit a site. We may use session cookies, which terminate when a user closes his or her browser, and/or persistent cookies, which remain on the user's computer until manually deleted. Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely. If you do not want us to deploy cookies to your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie on your computer. Rejecting cookies may affect your ability to use the Site.
    • We use Local Storage Objects (LSOs) such as HTML5 and Flash to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity may use LSOs such as HTML 5 or Flash to collect and store information.
    • We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out.
    We enable you to create a profile for accessing blogs or online communities for sharing information such as messages, photos and videos. Please note that we cannot control the actions of others with whom you may choose to share your pages and information. Any information you post to a public bulletin board or chat room, such as the Forum For Contributors (the "Forums"), is available to all persons accessing that location. To request removal of your personal information from our blog or community forum, contact us at info@Amazestock.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Alternatively, if you used a third party application to post such information, you can remove it, by either logging into the said application or removing the information or by contacting the appropriate third party application.
    1. LINKS TO 3RD PARTY SITES
    Our Site includes links to other Web sites whose privacy practices may differ from those of Amazestock. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.
    1. SOCIAL MEDIA WIDGETS
    Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.
    1. SINGLE SIGN-ON
    You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
    1. REFERRAL PROGRAM EMAILS
    If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. Amazestock stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
    
    Your friend may contact info@Amazestock.com to request that we remove this information from our database.
    1. CHILDREN
    We do not intend to solicit or collect Personal Information from anyone under the age of 18. If you are under 18, do not enter information on this site or engage our services. If you believe a child of yours under the age of 18 has entered Personal Information please contact info@Amazestock.com to have the data removed and terminate the child’s account.
    1. PRIVACY COMPLAINTS
    Amazestock takes its users' privacy concerns seriously. If you believe that Amazestock has not complied with this Privacy Policy with respect to your Personal Information, you may contact the Privacy Officer at Amazestock. In your letter please describe in as much detail as possible the ways in which you believe that the Amazestock Privacy Policy has not been complied with. We will investigate your complaint promptly.

    If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact our Privacy Officer at info@Amazestock.com.

  • Membership Agreement

    MEMBERSHIP AGREEMENT

    This Membership Agreement governs your membership in the Amazestock.com community, allowing you full access to the membership portions of the web site located at http://www.Amazestock.com/ (the “Site”). This Membership Agreement is in addition to the Terms of Use applicable to the Site. The Site is operated by Amazestock (“Amazestock”).

    Access and use of the membership portions of the Site are provided by Amazestock to you on condition that you accept the terms and conditions of this Membership Agreement and the Terms of Use, and by accessing or using the membership portions of the Site, you agree to the terms and conditions of this Membership Agreement and the Terms of Use. If you do not agree to accept and abide by this Membership Agreement and the Terms of Use, you should not access or use the membership portions of the Site. In the event of any inconsistency between this Membership Agreement and the Terms of Use, the terms of this Membership Agreement shall govern.

    Amazestock reserves the right, in its discretion, to change or modify all or any part of this Membership Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the membership portions of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Membership Agreement, including any changes or modifications made by Amazestock as permitted above. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the Site.

    Purchase Stock

    Your purchases can be done online through VISA, MasterCard, AMEX, PayPal, or with cheque or money order by mail.

    Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize Amazestock to charge the designated credit card, or PayPal account, for the total amount of the purchase.

    Use of Content

    You acknowledge that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, “Content”) which is protected by copyright, trademark or other proprietary rights of Amazestock and its affiliates or other third parties (including other members).

    You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Membership Agreement and any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement).

    Content is provided to the Site through members entering into an Artist’s Supply/Contributor Agreement, either on an exclusive or non-exclusive basis (each, a “Supply/Contributor Agreement”). Subject to the provisions of the applicable Supply Agreement, you may post on the Site any Content owned wholly by you. You may download Content only in accordance with the terms of this Membership Agreement and the then applicable Content License Agreement.

    Registration Data and Account Security

    In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Amazestock, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Amazestock immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Amazestock.

    Rules of Conduct

    You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including in respect of any forums, chat-rooms or other exchanges (a “Forum”) accessed on or through the Site, you shall not do any of the following:

    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
    • Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
    • Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
    • Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
    • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
    • Falsify the origin or source of software or other material contained in a file that is uploaded.
    • Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
    • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
    • Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Amazestock’s business.
    You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by Amazestock and no communication of a third party or Content may be considered reviewed, screened or approved by Amazestock. As explained below, Amazestock reserves the right for any reason to remove without notice any communication, Content or other material posted to the Site.

    You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Amazestock member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

    Managing Content

    Amazestock does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Amazestock reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Membership Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. Amazestock shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Amazestock to determine Accepted Content is done as a courtesy only.

    Amazestock LP respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Amazestock with notice of such infringement in the manner described under Notice and Procedure for Making Claims of Infringement in the Terms of Use.

    Confidential Information

    You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this Membership Agreement and the use of the Site constitutes valuable, confidential, proprietary information of Amazestock and its licensors, and you agree that during the term of this Membership Agreement and thereafter you shall not, without the express written consent of Amazestock, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Membership Agreement or as required by applicable law.

    For the purposes of this Membership Agreement, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Amazestock, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.

    Indemnity

    You agree to indemnify, defend and hold Amazestock and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "Amazestock Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any Amazestock Party in connection with: (i) any use or alleged use of the Site under your Member Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Member Name; or (iii) any breach by you of this Membership Agreement. Amazestock reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Amazestock's defense of such claim.

    Term and Termination

    This Membership Agreement is effective until terminated. You may terminate this Membership Agreement at any time by emailing info@Amazestock.com or by such other means of written notice acceptable to Amazestock which enables confirmation of your identity and your intention to terminate. Amazestock reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. Amazestock may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

    Amazestock may also terminate or suspend your access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by Amazestock.

    Termination of this Membership Agreement does not relieve you of your responsibilities to pay any amounts due to Amazestock under this Membership Agreement or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Membership Agreement or any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement). Termination of this Membership Agreement shall operate without prejudice to the Amazestock’s rights, defenses and limitations of liability provided under this Membership Agreement, which rights, defenses and limitations of liability shall survive termination of this Membership Agreement.

    Upon termination of your access to the membership portions of the Site, you agree to forfeit all download credits remaining in your account.

    DISCLAIMER OF WARRANTIES

    THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AMAZESTOCK DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

    AMAZESTOCK DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

    LIMITATION OF LIABILITY

    YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.

    IN NO EVENT SHALL AMAZESTOCK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF AMAZESTOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

    IN ANY EVENT, AMAZESTOCK’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS MEMBERSHIP AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THREE ($3.00) US DOLLARS.

     

    Age and Responsibility

    You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.

    Applicable law

    The Site is controlled, operated and administered by Amazestock. The Site can be accessed from any part of the world. You acknowledge and agree that this Membership Agreement will be governed under the laws of Government of India (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of India, with respect to the subject matter of this Membership Agreement. You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site, or such other address as you may advise us in writing to use, from time to time.

    If Amazestock is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Amazestock for its legal fees, costs and disbursements

    General

    You specifically agree and acknowledge that you have, in addition to the terms of this Membership Agreement, reviewed the terms of the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them.

    If any provision or part thereof of this Membership Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is personal to you and is not assignable by you without Amazestock’s prior written consent. Amazestock may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.

    The parties have requested that this Membership Agreement and all documents relating thereto be drawn up in English.

    Contact

    If you have concerns relating to the Site or this Membership Agreement, please contact Amazestock at info@Amazestock.com

    Acknowledgement

    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Amazestock, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Amazestock RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT.