TERMS AND CONDITIONS
WE RECOMMEND YOU READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.
GENERAL
A. This Platform is operated by the company GLOBAL STILLS, Lda. (hereafter STILLS IMAGE BANK), with tax number 510.024.467 and head office at Rua Dona Filipa de Vilhena, 42, 8100-575 Loulé (PORTUGAL). When you use the Platform, whether you are simply surfing, or establishing a commercial relationship with STILLS IMAGE BANK, you hereby acknowledge that you are bound by the following Terms and Conditions, including any additional and specific terms and conditions which may be applicable, as well as the other policies present on the Platform.
B. If you do not wish to be bound by these Terms and Conditions, you should not access the Platform and/or use its features and associated services.
C. We must emphasise that these Terms and Conditions are applicable to all the site’s USERS, including, without limitation, visitors, suppliers, customers and others not specifically identified.
D. By agreeing with these Terms and Conditions, the USER is declaring that, on accessing the features and services associated with the Platform, he/she is of legal age, in accordance with his/her personal law, to give consent and be contractually bound in the execution and provision of the Platform’s features and services.
E. STILLS IMAGE BANK reserves the right to refuse to provide the Platform’s features and services to anyone, for any reason, at any time.
F. STILLS IMAGE BANK may update, modify or substitute any part of these Terms and Conditions and associated policies, announcing said modifications in an appropriate location on the Platform’s home page. It is the USER’S responsibility to check this page periodically to be aware of any changes.
G. We must remind USERS that by accessing and continuing to use the Platform after the publication of any updates, modifications or substitutions of the Terms and Conditions of the Platform and associated policies, they are deemed to be in acceptance of and agreement with the updates, modifications or substitutions in question.
GENERAL CONDITIONS
1. ACCURACY AND INTEGRITY
1.1. STILLS IMAGE BANK declines responsibility for the accuracy and integrity of the information provided by suppliers and other Platform USERS. Said information may be inaccurate, incomplete or out of date.
2. MODIFICATIONS TO THE FEATURES/SERVICES AND PRICES
2.1. STILLS IMAGE BANK reserves the right to modify or discontinue features and/or services of the Platform, in whole or in part, at any time, giving a minimum of 15 (fifteen) days’ prior notice of its intention on the home page.
2.2. The previous point does not apply to situations arising from failure and/or breakdowns in the services as a result of technical problems, including and merely by way of example, connection or server failure, whether caused by third parties or not.
2.3. In the case of the previous point, STILLS IMAGE BANK will try, whenever possible, to inform the Platform USERS by posting information about the situation in an accessible place.
2.4. USERS hereby acknowledge and accept that STILLS IMAGE BANK shall not be responsible and may not be held liable, either in its own respect or in respect of any third party, for any suspension or discontinuation of the features and/or services of the Platform.
2.5. STILLS IMAGE BANK reserves the right to modify its prices, so the USER must regularly consult the price of the images available for purchase.
2.6. USERS hereby acknowledge and accept that STILLS IMAGE BANK shall not be responsible and may not be held liable, either in its own respect or in respect of any third party, for any modification or alteration of prices.
2.7. By accessing and continuing to use the Platform after new prices take effect, USERS are deemed to be in acceptance of and agreement with said modifications.
3. PRODUCTS OR SERVICES
3.1. STILLS IMAGE BANK will do its utmost to ensure that the products provided are as high in quality as possible, whether in terms of colour or the very quality of the images, but cannot guarantee that their appearance on the USER’S monitor will be in accordance with these quality standards.
3.2. In order to be able to use the products and services, USERS must register by creating a USER account through which information is provided about the USER and which will allow him/her to access the features of the Platform;
3.3. STILLS IMAGE BANK reserves the right, and the USER acknowledges said right, to restrict the products or services geographically.
3.4. STILLS IMAGE BANK similarly reserves the right, and the USER acknowledges said right, to restrict the products or services to any person.
3.5. The rights mentioned in the previous points will always be exercised on a case by case basis, and any such restriction shall be communicated via the proper channels.
3.6. STILLS IMAGE BANK may also restrict the quantities of any products or services it offers through its Platform, specifically due to logistic or legal restrictions.
3.7. STILLS IMAGE BANK reserves the right to discontinue any product or service at any time.
3.8. USERS acknowledge that, by accepting the present Terms and Conditions, they may not use the Platform to make an offer for any product or service, such behaviour being expressly prohibited, and constituting grounds for the suspension or cancellation of their account.
3.9. USERS acknowledge that STILLS IMAGE BANK does not guarantee, nor can it guarantee, that the quality of such products, services or information provided and/or acquired will correspond with the USER’S expectations.
3.10. STILLS IMAGE BANK may refuse, limit or cancel any purchase order and will always attempt to inform the USER via his/her email and/or invoicing address, or by means of the telephone number provided at the time of the order.
3.11. Where STILLS IMAGE BANK considers that the ultimate objective of the order violates the present Terms and Conditions or the product’s licence, or has, as its ultimate objective, commercial practices which may be the object of legal censure, it may exercise its right to restrict or prohibit the orders in question.
4. INVOICING ACCURACY
4.1. By accepting the present Terms and Conditions, the USER agrees to provide and maintain precise and up to date information for invoicing purposes with regard to all purchases of products and/or services made through the Platform.
4.2. The USER undertakes to update and keep updated his/her account information, including specifically his/her address, email address, credit card numbers and expiry dates, so that his/her transactions may be effected normally and so that he/she may be contacted if necessary.
4.3. The USER acknowledges that the invoicing information may be transferred through various networks and undergo changes to fit and adapt to the technical requirements of connecting to networks or devices.
4.4. The USER acknowledges that the transfer of information relating to credit cards is always carried out using encrypting tools and by means of the HTTP protocol on top of an additional layer of security which uses the SSL/TLS protocol (HTTPS).
5. SECURE TRANSACTIONS
5.1. All transactions carried out through the Platform use a secure connection via SSL.
5.2. STILLS IMAGE BANK uses a script which encrypts the information relating to your credit card and personal data to guarantee that they are not intercepted when transmitted over the web.
5.3. STILLS IMAGE BANK uses a payments partner called Stripe, which offers high guarantees of security when making payments and associated transactions through Level 1 PCI Compliance, 3-D Secure, HTTPS, SSL, 256-bit encryption.
6. FORM OF PAYMENT
6.1. The USER accepts that payments made are not refundable even if the product acquired is not used, except when its use is prevented as the result of an act of wilful misconduct by STILLS IMAGE BANK.
6.2. The USER similarly accepts that, in the case of immediate termination of the contract for which the USER is to blame due to non-compliance with the obligations set out in these Terms and Conditions, no refund will be due of any money already paid. However, such circumstances may never be understood as a penalty clause or a waiver of any indemnity that STILLS IMAGE BANK may be entitled to by virtue of the present contract or through any applicable legal provision.
6.3. The USER is responsible for the payment of any fees, taxes, tax obligations or duties which are attributable to him/her.
7. PRICES AND TAXES
7.1. The prices shown on the Platform include VAT at the applicable rate in Portugal.
7.2. Before finalising the acquisition of the products and/or services, the price of postage will be added on, when applicable.
7.3. The USER will be taxed in compliance with the applicable tax legislation, being solely responsible for its payment.
7.4. STILLS IMAGE BANK reserves the right to alter the prices indicated without prior notice, and the USER hereby acknowledges said right.
8. ADVERTISEMENTS
8.1. The USER accepts that some of the services provided through the Platform may be supported by revenue from advertising and that advertisements and promotions may therefore be displayed. The form, manner and coverage of such advertising may be changed without specific previous notice.
8.2. The USER similarly acknowledges that such advertisements and promotions may be targeted depending on the contents of the information stored.
9. TOOLS AND LINKS WITH THIRD PARTIES
9.1. The USER acknowledges that, when the Platform provides access to the tools of third parties, the USER is free to use them if he/she so wishes. However STILLS IMAGE BANK does not carry out any checks on these tools, or have any control over them, beyond what has been specifically set out in the conditions of use of these tools and which the USER accepts. It is the owners of these tools who are solely responsible for any and all use, monitoring and/or control which takes place or may take place.
9.2. The USER acknowledges that under the terms of the previous point, acceptance and access to these tools is provided “as is” and “subject to availability,” without any guarantees, representations or conditions of any type. STILLS IMAGE BANK declines all liability for any and all circumstances resulting from or related to the use of the optional third party tools. Consequently any and all such use is at the USER’S own risk.
9.3. In the case of some of the contents, products and services available through the Platform including links to third party sites not affiliated with the Platform, the USER acknowledges that STILLS IMAGE BANK is not and nor can it be held liable. Similarly, it cannot, now or in the future, examine and assess all the contents or the accuracy of links not provided by the Platform, and therefore declines any obligation or liability arising as a result of these situations and occurrences.
9.4. The USER acknowledges and accepts that STILLS IMAGE BANK is not responsible for any harm or losses related to the acquisition or use of products, services, resources, contents or any other transactions carried out in respect of any third party sites. It is the USER’S responsibility to exercise all due care when using these sites, namely, through the careful reading of the policies and conditions therein. Consequently, any and all complaints, claims or questions related to these third party sites must be directed to the said third party.
10. USER’S COMMENTS
10.1. The USER hereby accepts and agrees to abstain from making comments that may be capable of violating any rights of third parties, namely copyright or trademarks, or which violate the right to privacy and the protection of the personality of third parties.
10.2. The USER shall abstain from using false addresses and email addresses, or from impersonating others in such a way as to mislead others with regard to a comment, affirmation and its origin.
10.3. The USER hereby authorises Global Stills Lda., to edit, copy, publish, distribute, translate and use any comments made by the USER, in any way and at any time, and for the purposes of promoting and marketing the Platform. STILLS IMAGE BANK shall not be obliged in any way to financially compensate the USER for this usage.
10.4. The USER hereby acknowledges that it is difficult to permanently monitor comments by third parties, so STILLS IMAGE BANK will always try to remove contents that are deemed illegal, offensive, threatening, slanderous, defamatory, pornographic, obscene or objectionable, or which may in some way violate the intellectual property rights of third parties, or these Terms and Conditions.
10.5. STILLS IMAGE BANK declines all liability for any comments made by USERS or third parties, and the USER hereby acknowledges and accepts this without restriction.
11. PERSONAL INFORMATION AND PRIVACY POLICY
11.1. The treatment of information of a personal nature within the ambit of data protection is governed by the Platform’s Privacy Policy, which should be consulted for this effect.
11.2. The USER undertakes not to use software tools, including robots, crawlers or other automatic devices, to gather information of a personal nature.
12. PROHIBITED USES
12.1. Besides the prohibitions set out in the Terms and Conditions and other policies which have been or may be adopted by STILLS IMAGE BANK with regard to the functioning of the Platform, the USER hereby acknowledges and accepts that he/she may not use the Platform for any of the following:
a) Any illegal purpose;
b) To request others to carry out or participate in any illegal acts
c) To violate any legislation, whether national or not;
d) To infringe the intellectual property rights of STILLS IMAGE BANK or third parties, including suppliers and partners of the Platform;
e) To harass, abuse, insult, offend, defame, slander, denigrate, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
f) To give false or misleading information;
g) To upload or transmit any type of code and/or malicious software, independently of the purpose for which it is intended;
h) To collect personal information belonging to other USERS;
i) Spam, phishing, pharming, crawling or other purposes of the same nature and/or characteristics;
j) Any obscene or immoral purpose; or,
g) To interfere or circumvent the characteristics of the Platform’s functioning, of any site related to it, or with the security of the information systems associated with it.
STILLS IMAGE BANK reserves the right to rescind your use of the Platform and associated services if you use it/them for any of the prohibited uses above.
13. INTELLECTUAL PROPERTY
13.1. The contents which are made available by STILLS IMAGE BANK through the Platform, including texts, images, logotypes and source codes, are protected by intellectual property legislation, specifically copyright, registered trademarks and patents, and its property or licence is held by STILLS IMAGE BANK, which the USER acknowledges and accepts.
13.2. The USER undertakes not to make improper use of these same contents, which may not be divulged, used or copied in any way.
13.3. The USER undertakes not to use software tools, i.e. robots, crawlers or other automatic mechanisms, to collect protected contents.
13.4. It is expressly prohibited to use or modify the services made available on the Platform for purposes for which they are not intended.
13.5. The USER will not copy, translate, disassemble or decompile, nor create or try to create, by inverse engineering or in any other way, the Platform’s source code and object code, as well as the tools and applications of third parties and the software associated with their operability.
13.6. The USER will not remove any notices of confidentiality or of intellectual property.
13.7. The USER indemnifies STILLS IMAGE BANK against claims on the part of third parties relating to the use of contents provided, supplied or made available through the Platform and protected by intellectual property rights.
13.8. The USER undertakes to reimburse STILLS IMAGE BANK in full for any indemnities, costs or expenses which it incurs as a result of any claims of any type or nature which are directed at it by third parties, based on the violation of third party rights, specifically intellectual property rights related to the use of contents provided, supplied or made available through the Platform and associated services, including indemnities paid to third parties by an agreement with them.
14. EXCLUSION OF GUARANTEES; LIMITATION OF LIABILITY
14.1. The USER hereby acknowledges that STILLS IMAGE BANK cannot guarantee that the use of the Platform will occur uninterruptedly, securely or free of errors, even though STILLS IMAGE BANK will endeavour to ensure that it does, and will make every effort in this respect.
14.2. The USER similarly acknowledges and accepts that STILLS IMAGE BANK does not guarantee that the results that can be obtained by using the Platform will be exactly those that the USER wants; the USER must use due zeal and diligence to be assured of those same results.
14.3. The USER acknowledges and accepts that STILLS IMAGE BANK may occasionally interrupt the Platform for the purpose of carrying out maintenance operations. Whenever possible, a minimum of 48 (forty-eight) hours’ advance notice will be given, except when the interruption comes about as a result of unforeseen circumstances beyond the control of STILLS IMAGE BANK or its partners in terms of the maintenance and management of the information systems associated with the performance and functioning of the Platform.
14.4. The USER agrees that STILLS IMAGE BANK has no direct or indirect responsibility for the use the USER makes of the Platform and that said use is the USER’S sole and exclusive responsibility.
14.5. The service and all the products and services made available and provided through the Platform, except where expressly stated otherwise, are provided for use “as found”, with no representation, guarantee or condition of any type, whether express or implicit, including implicit guarantees relating to the conditions of marketing, commercial quality, suitability for a specific purpose, durability, ownership and non-violation of rights.
14.6. The USER accepts and expressly declares that, under no circumstances, will STILLS IMAGE BANK, its board of directors, managers, employees, affiliated partners, agents, contracted service providers, trainees, suppliers or licensors be liable for any harm, loss, claim or direct, indirect, incidental or punitive damages, or for any other type, including, without limitation, loss of profits, loss of revenue, loss of data, costs of substitution or other similar loss, whether contractually based, an illegal act, wilful or not, arising from or related to the use of the Platform or of any products acquired through the Platform, including, but not limited to, any errors or omissions in any contents published, transmitted, or in another way made available through the Platform. As a last resort, and if so decided by a competent court, STILLS IMAGE BANK’s liability shall be limited to an amount that will never exceed the maximum amount of the value established for the national minimum salary discounted from the value of the Consumer Price Index.
15. DECLARATIONS AND GUARANTEES
15.1. In the case of any provision of these Terms and Conditions being declared illegal, void and unenforceable by a competent court, said provision will be substituted, in whole or in part, by another which is enforceable, in order to reflect in the closest way possible the terms of the clause in question.
15.2. The USER agrees to safeguard the position of STILLS IMAGE BANK, defending it and its board of directors, managers, employees, affiliated partners, agents, contracted service providers, trainees, suppliers and licensors from any claim or demand made by any third parties due to or arising from his/her violation of these Terms and Conditions or of the policies that govern the Platform’s operation, as well as infractions and/or violations of any law or third party rights.
15.3. The USER’S failure to comply, at any time, with any one of his/her contractual obligations established herein, does not imply a waiver of any rights, nor does it substantiate the acquisition of a right by the USER.
16. TERMINATION
16.1. Both STILLS IMAGE BANK and the USER may immediately terminate the present Contractual Terms and Conditions by giving written notification to this effect.
16.2. STILLS IMAGE BANK will consider that the USER has terminated the present Terms and Conditions after a period of 12 (twelve) consecutive months of USER inactivity on the Platform.
16.3. STILLS IMAGE BANK may terminate the present Terms and Conditions and associated policies without prior notice in the event that the USER:
a) Commits a serious violation of the present Terms and Conditions;
b) Fails to comply with the Terms and Conditions in any way that may significantly impede or affect them;
c) Commits any violation of his/her duty of confidentiality and intellectual property rights;
16.4. The immediate termination of the present Terms and Conditions implies that the associated account is cancelled and consequently access to it is blocked.
16.5. The rights and obligations as set out in any one of the Terms and Conditions and associated policies, which should remain after the termination, will remain in force for all effects, including those related to outstanding sums owed to STILLS IMAGE BANK or its affiliated partners.
17. INTEGRAL AGREEMENT
17.1. The present Terms and Conditions Contract, including its policies, constitute the complete agreement between the USER and STILLS IMAGE BANK with regard to the use of the Platform and its associated services.
17.2. The policies are an integral part of the present Terms and Conditions, and cannot be separated.
17.3. Any new policies which may come into effect after the date of the present Terms and Conditions shall result in an alteration of the present Terms and Conditions and shall form an integral part of same.
17.4. In the event of contradiction or a lack of conformity between the documents which make up the present Terms and Conditions, the Terms and Conditions prevail over the policies.
17.5. STILLS IMAGE BANK may update, modify or substitute any part of these Terms and conditions and the associated policies at any time, posting said modifications in an appropriate place on the Platform’s home page. It is the USER’s responsibility to periodically check this page in order to be aware of any changes, with the new version prevailing over any previous version.
17.6. The USER acknowledges and accepts that by accessing and continuing to use the Platform after the publication of any updates, modifications or substitutions of the Terms and Conditions of the Platform and associated policies, he/she is deemed to be in acceptance of and agreement with the updates, modifications or substitutions in question.
18. LEGISLATION AND APPLICABLE JURISDICTION
18.1. The present Terms and Conditions and associated policies are governed by the applicable provisions of Portuguese law.
18.2. The District Court of Faro shall be considered competent to resolve any disputes arising from the Terms and Conditions and associated policies which cannot be resolved by agreement, to the express exclusion of any other, except if a competent specialised court prevails by law.
18.3. Both the USER and STILLS IMAGE BANK undertake to employ their best efforts to reach an early agreement to resolve any disputes which may arise in the ambit of the Terms and Conditions and associated policies.
19. CONTACT INFORMATION
19.1. For any clarification regarding the present Terms and Conditions and associated policies, you may contact STILLS IMAGE BANK through the email address: info@stillsimagebank.com
THE USER DECLARES HE/SHE HAS READ AND UNDERSTOOD THE PRESENT TERMS AND CONDITIONS AND ASSOCIATED POLICIES, AND HAS HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. HE/SHE FURTHER ACKNOWLEDGES THAT THESE TERMS AND CONDITIONS AND ASSOCIATED POLICIES CONSTITUTE THE FULL AND EXCLUSIVE AGREEMENT BETWEEN HIM/HER AND STILLS IMAGE BANK, WHICH TAKES PRECEDENCE OVER ANY PREVIOUS PROPOSAL OR AGREEMENT, WRITTEN OR VERBAL, AND OVER ANY OTHER COMMUNICATION BETWEEN HIM/HER AND STILLS IMAGE BANK, RELATING TO THE SUBJECT OF THE PRESENT AGREEMENT.
20 January 2021, LOULÉ (PORTUGAL)
