Terms of Service

Member & Contributor Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE AND ITS PRODUCTS AND SERVICES.

Bigstock maintains the www.Bigstock.com website, as well related, Bigstock and Bigstockphoto branded sites (e.g., bigstockphoto.com, bigstockphoto.de, etc.) (collectively the "Site"). Casual users of the Site can browse image files (the "Image(s)") and license the Images (licensees are hereafter referred to as "Members"). Users, including Members, can also become content contributors ("Contributors"). Contributors may upload image files to the Site for the purpose of having Bigstock act as Contributor's agent for licensing image rights to Members.

By registering with Bigstock, Members and Contributors agree to the following, as applicable (the "Agreement"):

1. Consent
   Members and Contributors must be at least 18 years of age. Bigstock may require that you provide sufficient proof of age.


2. Member Warranties and Responsibilities
   1. Member warrants that he or she has provided Bigstock with accurate, complete, and current member information. In the event that Member creates an account with Bigstock (a "Bigstock Account"), Member agrees to correct and update that information to ensure its accuracy and completeness at all times. Entering false Member information, or failing to comply with these Terms of Service, may result in the revocation of the license(s) granted to the Member, as well Member's loss of account, services or privileges provided by Bigstock.
   2. Members who create a "Bigstock Account" will receive a password. Each Member is entirely responsible for any and all activities conducted through his or her Bigstock Account. Member agrees to notify Bigstock immediately of any unauthorized use of Member's password or account as well as of any other breach of security that may affect Bigstock.
   3. A Member may only create one Bigstock Account. This limitation may be waived by Bigstock if there is a pressing business or organizational reason for having more than one account. Please contact support for more information.
   4. Upon creation of a Bigstock Account, you may be asked to choose a Member name. Members may not select or use a Member name of another person or a name that violates any third party's trademark or other proprietary right, which is or may be illegal to use, which may cause confusion with respect to the person's identity or association with other entities, or which Bigstock deems in its discretion to be vulgar or otherwise offensive. Bigstock reserves the right to delete any vulgar, inappropriate or offensive Member name, or to require the deletion thereof.
   5. Members whose accounts have been terminated by Bigstock may not access the Site without the express written permission of Bigstock. Active Members may not knowingly allow terminated Members to use the active Members accounts.


3. Image Credit Expiration and Refund Policy
   Image credit purchases are non-refundable.
   IMAGE CREDITS EXPIRE ONE YEAR AFTER DATE OF PURCHASE.


4. Affiliate Program
   The Bigstock Affiliate Program is intended to allow current Members to refer new members to Bigstock. The Bigstock Affiliate Program is not to be used as a method for discounting your own purchases. Misrepresentations or fraudulent uses of the Bigstock Affiliate Program other than those described herein may result in loss of services, commissions or other account privileges.


5. Uploading Content and Rights for Contributors
   By uploading Images, Contributors grant Bigstock and its Members the irrevocable non-exclusive, royalty‑free right, throughout the world, to use the Images for any purpose including publication, display, modification, and creation of derivative works, or products. Contributors also grant Bigstock the right to use Images for any and all promotional purposes related to Bigstock and its affiliates.

Bigstock has the right to license any Image unless and until that Image is removed from the Site. Contributor may not remove any Image from the Site until such Image has been posted for 7 days.

Contributors retain all rights, including the copyright, in and to their uploaded Images.

6. Compensation
1. Bigstock shall pay Contributors the designated royalty for each valid download of an Image file by a Member. The amount of such royalty is defined on the Site and may be changed by Bigstock at any time in Bigstock's sole discretion. If a Contributor does not consent to a change in the royalty payments, Contributor's sole recourse is to terminate the Contributor's account.
2. Contributors may request a payout via PayPal, Moneybookers or other service used by Bigstock when royalties due reach the minimum threshold as stated on the Site. By closing an account before royalties are equal to or greater than the minimum payout threshold, or by breaching any terms of this Agreement or any other agreement with Bigstock, Contributor's accrued earnings may be forfeited in the discretion of Bigstock. Please note, royalties are payable after a short grace period noted on the Site to verify that downloads are valid.
3. If you are a "US Person" as said term is defined by the IRS, a signed and completed IRS form W9 must be submitted to Bigstock before Bigstock can make payment to you. The Tax Center area inside your Bigstock account has instructions on how to submit this IRS form. A W9 is used to certify under penalties of perjury that your social security number is correct and that you are not subject to backup withholding taxes. Foreign persons might be subject to U.S. income tax on income they receive from U.S. sources. If you are a "Foreign Person" as said term is defined by the IRS, a signed and completed IRS form W8 must be submitted to Bigstock in order for you to claim a reduced rate of, or exemption from, withholding as a resident of a foreign country with which the United States has an income tax treaty. Instructions on how to submit this IRS form are inside the Tax Center in your Bigstock account area.


7. Contributor Warranties and Responsibilities

Contributor warrants and represents that:

1. Contributor is the owner of all rights, including the copyrights, in and to the uploaded Images.
2. Contributors Images do not violate any laws or individual rights, including the rights of privacy and publicity;
3. The information contained in all model releases provided by Contributor is accurate and complete and that the subjects signing the releases and depicted in an Image file have voluntarily consented to publication and/or dissemination of their likenesses for all legal purposes;
4. Contributors will not use a name or other reference which: a) violates any third party's trademark or other proprietary right; b) is or may be illegal to use; c) which may cause confusion with respect to another person or other entity; or d) which Bigstock deems in its discretion to be vulgar or otherwise offensive. Bigstock reserves the right to delete any vulgar, inappropriate or otherwise offensive name, or to require the deletion thereof.
5. Contributor will use Bigstock only for lawful purposes.
6. Contributor will not upload pornographic images or other content which is deemed by Bigstock to be inappropriate.


8. Indemnification
   Members/Contributors shall indemnify, defend and hold harmless Bigstock, its officers, directors, employees, partners, associates, affiliates, joint ventures, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of Contributors or Member's warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys' fees and costs) incurred by Bigstock as a result of such breach or breaches. Bigstock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification, without affecting Member's/Contributor's indemnity obligations.


9. Control of Operations
1. Bigstock, in its sole discretion, may remove any Images uploaded to the Site including those appearing to infringe the intellectual property rights of other entities.
2. Bigstock reserves the right, but does not assume the responsibility, to restrict conduct which Bigstock deems in its discretion to be harmful to individual members, damaging to the communities that use Bigstock, or in violation of Bigstock's or any third party's rights.


10. Disclaimers
1. Bigstock expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
2. Bigstock makes no warranty with respect to any legal advice or information regarding proper legal use of any Image. Members are responsible for consulting their own attorneys to determine the fitness of Images for particular purposes. Member agrees to hold Bigstock harmless from any claims related to Member's usage of Images.
3. Bigstock, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through Bigstock.
4. Bigstock makes no warranty that access to the Site will be uninterrupted, timely, secure, or error free. Bigstock makes no warranty as to the use or the results that may be obtained from the use of Bigstock.
5. Bigstock makes no warranty with respect to any related software or hardware used or provided by Bigstock. Any patent, copyright, trademark, trade secret or warranty issues, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.


11. Limitation of Liability
    Member acknowledges that Bigstock shall not be liable to Member or any third party for any claims and/or damages arising from Member's use of Images. Bigstock shall not be liable to Member for any indirect, incidental, special or consequential damages, including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if Bigstock has been advised of the possibility of such damages.


12. Termination
    Any Member may terminate his or her Bigstock account at any time with or without cause by notifying Bigstock's support staff of Member's desire to do.

    Contributors may terminate their accounts with Bigstock at any time, subject to the limitation that any Image uploaded to the Site must be available for a minimum of 7 days.

    Bigstock may terminate any Member or Contributor account at any time, for any reason or no reason. Accounts that are not accessed (logged into) for more than 2 years may be deemed terminated at the discretion of Bigstock.



13. Impermissible Conduct
    Any conduct by Members or Contributors that, in Bigstock's sole discretion, restricts or inhibits any other person or entity from using or enjoying Bigstock or another service, is strictly prohibited and may result in the termination of a Member's account without further notice.

    In the event that a Member or Contributor account is terminated due to impermissible conduct or fraud, access to Bigstock services, accounts, and commissions, as applicable, is immediately forfeited.



14. Severability
    If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable by either party. To the extent any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overly broad or overly restrictive, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this paragraph is reasonable and necessary to assure that the intent of the parties is carried out.


15. Governing Law and Jurisdiction
    The validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, and related matters shall be governed by the internal laws of the State of New York (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of New York in the County of New York or of the United States of America for the Southern District of New York, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.


16. Entire Agreement
    By using the Site, users hereby acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. Users further agree that this Agreement is the complete and exclusive statement of the understanding between the user and Bigstock. Unless otherwise agreed to in writing in a separate signed agreement, this Agreement supersedes any proposal or prior agreement, oral or written, and any other communication between users and Bigstock relating to the subject matter of this Agreement.


17. Revision of Agreement
    Bigstock may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Site. Users agree to review this Agreement upon notice of such revision, and any further use of the Site shall constitute agreement to the terms as modified. If any such revision is unacceptable to users, they may terminate their membership by notifying Bigstock Member Support of same. Notice of termination will be effective upon return receipt or notification by Bigstock.
    
    

Questions? Please contact customer service.

Effective November 3, 2011