DARYL STOCK WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS,
POLICIES AND GUIDELINES INCORPORATED BY REFERENCE BY ACCESSING OR USING
THIS WEBSITE. PLEASE DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO ALL
OF THESE TERMS.
These terms and conditions of use ("Site Terms") apply to your use of
this website (the "Site"). They do not alter in any way the terms or
conditions of any other agreement you may have with Daryl Stock, its
subsidiaries or affiliates. By using this Site, you represent and
warrant that you are over the age of 18 and are lawfully able to accept
these Site Terms. If you are using the Site on behalf of any entity, you
further represent and warrant that you are authorized to accept these
Site Terms on such entity's behalf, and that such entity agrees to
indemnify Daryl Stock for violations of these Site Terms.
Privacy Policy
Daryl Stock is committed to protecting your privacy. Refer to our
Privacy Policy for information on how we collect, use and disclose
personal information.
Ownership of the Site and its Contents
This Site is owned by Daryl Stock. All of the content featured or
displayed on this Site, including, but not limited to, text, graphics,
data, photographic images, moving images, sound, illustrations,
software, and the selection and arrangement thereof is owned by Daryl
Stock, its licensors, or its third-party image partners, unless
otherwise indicated.
All elements of the Site are protected by copyright, trade dress, moral
rights, trademark and other laws relating to the protection of
intellectual property.
Use of the Site
This Site is intended for customers of Daryl Stock. You may not use this
Site or its Content for any purpose not related to your business with
Daryl Stock. You are specifically prohibited from: (a) downloading,
copying, or re-transmitting any or all of the Site or the Content
without, or in violation of, a written license or agreement with Daryl
Stock; (b) using any data mining, robots or similar data gathering or
extraction methods; (c) manipulating or otherwise displaying the Site or
the Content by using framing or similar navigational technology; (d)
registering, subscribing, unsubscribing, or attempting to register,
subscribe, or unsubscribe any party for any Daryl Stock product or
service if you are not expressly authorized by such party to do so; and
(e) using the Site or the Content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without
limitation copyright and trademark laws, the laws of privacy and
publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws
and regulations, including, without limitation, those relating to the
Internet, data, e-mail, privacy, and the transmission of technical data
exported from the United Arab Emirates or the country in which you
reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and
other applicable laws, Getty Images has adopted a policy of terminating,
in appropriate circumstances and at Getty Images' sole discretion,
account holders who infringe the intellectual property rights of Getty
Images or any third party.
Trademarks
Daryl Stock Trademark, the Daryl Stock logo, and any other product or
service name or slogan contained in the Site are trademarks of Daryl
Stock and its suppliers or licensors, and may not be copied, imitated or
used, in whole or in part, without the prior written permission of Daryl
Stock or the applicable trademark holder. You may not use metatags or
any other "hidden text" utilizing "Daryl Stock" or any other name,
trademark or product or service name of Daryl Stock without our prior
written permission. In addition, the look and feel of the Site,
including all page headers, custom graphics, button icons and scripts,
is the service mark, trademark and/or trade dress of Daryl Stock and may
not be copied, imitated or used, in whole or in part, without our prior
written permission. All other trademarks, registered trademarks, product
names and company names or logos mentioned in the Site 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 us.
Links
Without the express written permission of Daryl Stock, you may not use a
Daryl Stock logo or other proprietary graphic of Daryl Stock to link to
this Site. Further, you may not frame any Daryl Stock trademark, logo or
other proprietary information, including the Daryl Stock Content,
without Daryl Stock’s express written consent.
Daryl Stock makes no claim or representation regarding, and accepts no
responsibility for, directly or indirectly, the quality, content, nature
or reliability of third-party websites accessible by hyperlink from the
Site, or websites linking to the Site. Such sites are not under the
control of Daryl Stock and Daryl Stock is not responsible for the
contents of any linked site or any link contained in a linked site, or
any review, changes or updates to such sites.
The inclusion of any link does not imply affiliation, endorsement or
adoption by Daryl Stock of any site or any information contained therein
- Daryl Stock provides these links to you only as a convenience. When
you leave the Site, you should be aware that our terms and policies no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any site to which you
navigate from the Site.
Your participation, correspondence or business dealings with any third
party found on or through the Site, regarding the payment and delivery
of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such third party. You agree that Daryl Stock provides
these links to you only as a convenience, and shall not be responsible
or liable for any loss, damage or other matters of any sort incurred as
the result of any such dealings.
Further, you agree not to delete or revise any User Content posted by
any third party. Daryl Stock takes no responsibility and assumes no
liability for any User Content posted, stored or uploaded by you or any
third party, or for any loss or damage thereto, nor is Daryl Stock
liable for any mistakes, defamation, slander, libel, omissions,
falsehoods, obscenity, pornography or profanity you may encounter. Your
use of Interactive Areas is at your own risk. As a provider of
interactive services, Daryl Stock is not liable for any statements,
representations or User Content provided by its users in any public
forum, personal home page or other Interactive Area. Although Daryl
Stock has no obligation to screen, edit or monitor any of the User
Content posted in any Interactive Area, Daryl Stock reserves the right,
and has absolute discretion, to remove, screen or edit any User Content
posted or stored on the Site at any time and for any reason without
notice. You are solely responsible for creating backup copies of and
replacing any User Content you post or store on the Site at your sole
cost and expense. Any use of the Interactive Areas or other portions of
the Site in violation of the foregoing violates these Site Terms and may
result in, among other things, termination or suspension of your rights
to use the Interactive Areas and/or the Site. You acknowledge and agree
that Daryl Stock may access, use or disclose any information about you
or your use of this Site, including without limitation any User Content
to comply with the law or any legal process; protect and defend the
rights or property of Daryl Stock; or to protect the safety of our
company, employees, customers or the public.
If you post User Content to the Site, unless we indicate otherwise, you
grant Daryl Stock and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such User Content throughout the world
in any media. You grant Daryl Stock and its affiliates and sublicensees
the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that (a) you own and
control all of the rights to the User Content that you post or you
otherwise have the right to post such User Content to the Site; (b) the
User Content is accurate and not misleading; and (c) use and posting of
the User Content you supply does not violate these Site Terms and will
not violate any rights of or cause injury to any person or entity.
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 Company, to keep it accurate, current and
complete; (c) maintain the security of your password and identification;
(d) notify Daryl Stock 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 Company.
Indemnification
You agree to defend, indemnify and hold harmless Daryl Stock, its
subsidiaries, affiliates, licensors, employees, agents, third party
information providers 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 any User
Content that you post, store or otherwise transmit on or through the
Site, your conduct, your use or inability to use the Site, your breach
or alleged breach of the Site Terms or of any representation or warranty
contained herein, your unauthorized use of the Daryl Stock Content, or
your violation of any rights of another.
Disclaimer
THIS SITE AND THE DARYL STOCK CONTENT ARE PROVIDED "AS IS" AND DARYL
STOCK AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND
AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS
FOR A PARTICULAR PURPOSE.
DARYL STOCK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE OR THE DARYL STOCK CONTENT, OR THE UNAVAILABILITY
OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS
EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE
UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT DARYL STOCK, ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF
THIS SITE OR THE DARYL STOCK CONTENT. WE MAKE NO WARRANTY THAT THE SITE
OR THE DARYL STOCK CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING
ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Daryl Stock uses reasonable efforts to ensure the accuracy, correctness
and reliability of the Daryl Stock Content, but we make no
representations or warranties as to the Daryl Stock Content's accuracy,
correctness or reliability.
Daryl Stock offers a search feature within the Site. Daryl Stock
explicitly disclaims any responsibility for the content or availability
of information contained in our search index or directory. Daryl Stock
also disclaims any responsibility for the completeness or accuracy of
any directory or search result.
Limitation of Liability
IN NO EVENT SHALL DARYL STOCK, ITS DIRECTORS, MEMBERS, EMPLOYEES OR
AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE
SERVICES, THE DARYL STOCK CONTENT OR THE MATERIALS CONTAINED IN OR
ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES
CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED
FROM DARYL STOCK, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DARYL STOCK’S RECORDS,
PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DARYL
STOCK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE,
WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY
OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE
EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DARYL STOCK FOR ACCESS TO OR
USE OF THE SITE.
Termination
Notwithstanding any of these Site Terms, Daryl Stock reserves the right,
without notice and in its sole discretion, to terminate your account
and/or to block your use of the Site.
Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if
in writing and signed by Daryl Stock. If any clause in these Site Terms
is found to be unenforceable, wherever possible this will not affect any
other clause and each will remain in full force and effect. Any rights
not expressly granted herein are reserved.
Changes to Site Terms
Daryl Stock reserves the right to change any of the terms and conditions
contained in the Site Terms or any policy or guideline of the Site, at
any time and in its sole discretion. When we make changes, we will
revise the "last updated" date at the top of the Site Terms. Any changes
will be effective immediately upon posting on the Site. Your continued
use of the Site following the posting of changes will constitute your
acceptance of such changes. We encourage you to review the Site Terms
whenever you visit one of our websites.