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Terms of service

Please read this Terms of service carefully before opening or using this website, software, applications and/or plug-ins provided by Stocknub or affiliates (individually and collectively referred to as "Platform").

Contents of the document:
Preface
Definition
Studio values and principles

These Terms of service include the rules and conditions of service and membership of the Stocknub studio and is a legal agreement between you and Stocknub and regulates the basic provisions and principles of the studio, your rights and obligations. The rights and obligations with respect to any materials licensed to us are governed by the license agreement and are an integral part of this document.
Please refer to Terms of service for each use of the Stocknub platform. Stocknub reserves the right to change Terms of service at any time by decision of the Board of Directors and to approve the new version by a positive majority vote of the studio members. Prior to such changes coming into effect, Stocknub will make reasonably sufficient efforts to notify you of any such changes. Such a notification may be sent to the email address registered on your Stocknub account, posted on this page, on the login page and/or distributed in other ways.

By registering at Stocknub and submitting materials to Stocknub, you accept this agreement and other agreements and local regulations posted at Stocknub .com.

You agree to the terms and conditions below, as well as any modifications and additions to the terms and conditions that the co-op Stocknub ("Stocknub") may make from time to time. Collectively, referred to by the term «Terms of service». If you do not agree to any of the terms and conditions set forth in the Site Terms, Terms of service or license agreements, do not use this Site.
Preface

Studio Stocknub is unique among photo banks because its authors are both owners earning from their sales and customers of the service. This dual nature means that maximizing profits is one of the main strategies that the studio is pursuing.

Definition

A studio is an autonomous association of individuals who have voluntarily united to meet their economic, social and cultural needs through joint ownership and a democratically controlled enterprise.

Studio values and principles

Values
Studio are based on values: self-help, self-responsibility, democracy, equality, justice and solidarity. Studio members believe in ethical values: honesty, openness, social responsibility, and caring for others.

Basic principles of Stocknub
1. Voluntary and open membership
Stocknub is a voluntary organization open to all persons who can use its services and are willing to assume the duties of members, without gender, social, racial, linguistic, political or religious discrimination.
2. Democratic membership control and autonomy
Stocknub is an autonomous self-help organization controlled by its members, who are actively involved in policymaking and decision-making. All members have the right to vote and the right to choose an elected board of directors.
3. Economic participation
Members contribute and earn, according to the invested funds and in proportion to their work for the studio.
4. Education, training and information
The Stocknub community provides training to its members and informs the public about the nature and benefits of collaboration.
5. Joint self-government
The studio seeks to achieve a just and simple outcome through decision-making with the help of joint self-government. Key decisions in the organization are made by means of giving voting rights to members of the studio affected by the decision. The studio encourages the participation of all members and takes into account the opinion of everyone, but does not put pressure on members to participate to a certain extent, more than they want.
1. General provisions
1.1. Studio Stocknub (hereinafter "studio") is a voluntary community of authors of photographs (hereinafter "authors") united to raise the level of earnings for the sale of photos on the Internet, as well as sponsors (hereinafter "backer") who finance the development of Stocknub. The studio provides services in the form of processing, attribution and sale of the author’s materials and each author is the owner of the studio and is entitled to accruals from the studio total profits. The studio is governed by a board consisting of a board of directors and top managers in key areas of the studio work, as well as all members of the studio through a democratic vote on key governance issues.

1.2. The tool of studio members interaction is the site Stocknub - platform (hereinafter "platform"), which is accessed via the Internet by the following domain name: Stocknub .com. The platform brings together all members of the studio and employees of the studio (hereinafter "users") to optimize and simplify the main works carried out by the studio. The Platform, in accordance with the Terms of service of this User Agreement ( "the Terms"), allows authors to upload their materials, backers to participate in studio development and employees to obtain data for further processing. By the specified domain name is a site (hereinafter "site") owned by a studio and part of the Platform.

1.3. Visits to and use of the platform are governed by this User Agreement and the Platform Privacy Policy and License Agreement as an integral part of these Terms of service.

1.4. User’s use of the platform (any part thereof, function), including User 's registration on the platform, shall be deemed to be User 's full and unconditional acceptance of all Terms of service. By using the Platform in any way, User unconditionally agrees to all Terms of service and assumes all obligations set forth in the User Agreement. The User must read the Terms carefully before using the Platform. If the User does not agree with the Terms and Conditions, the User shall not use the platform and stay on the platform and shall immediately stop using the platform and leave the platform. In this case, the User’s continued use of the platform and/or the User’s presence on the platform after reading Terms of service means that the User fully and unconditionally accepts and agrees to the Terms of service.

1.5. Stocknub may from time to time amend these terms of use adopted by members of the studio. The fact that you continue to use the Site will mean your acceptance of such changes. Your use of the Site will be regulated by the current version of the rules and recommendations, Terms of service and license agreements and other local acts published on the Site.

1.6. Stocknub remains the sole owner of all rights of ownership, use and orders in relation to the Site and reserves all rights, not expressly provided in these Terms of service. Stocknub may only by its own order at any time and for any reason make changes to the Site and any of its components, replace and remove them both with or without prior notice. Stocknub provides a site on "as is" and "if possible."

1.7. All materials on this Site and related metadata (collectively referred to as "Stocknub Materials") and the set and location of Stocknub Materials are protected by copyright, trademark rights, patents, trade secrets and other intellectual property laws and agreements. Any unauthorized use of any Materials Stocknub is in breach of such laws and these Terms of service. It is prohibited to use any information placed on the platform, including the trademark Stocknub and the design of the site, in any way that can defame, expose in a unfavorable light such trademarks or company Stocknub, as well as adversely affect them.

1.8. The User may upload, distribute, demonstrate and/or copy any Materials Stocknub only for the purpose of disseminating platform information to attract new users of the Stocknub platform and in accordance with the requirements of any applicable law.

1.9. Users undertake not to challenge (e.g., in court or otherwise), not to contribute to challenging the validity of any Stocknub trademarks or Stocknub trademark rights claimed by Stocknub, and not to encourage others to do so.
2. Registration, participation and membership
2.1. Requirements
Membership in the studio is open to all individuals at least 18 years of age and are not open for citizens of the United States or Canada. Individuals with U.S. and/or Canadian citizenship are not entitled to use the Stocknub Platform, registration, and/or membership of the studio. In case of such registration, responsibility for any actions or omissions Stocknub is not borne, and if such registration is detected, the account will be blocked and membership in the studio will be cancelled without any warning from Stocknub.

2.2. Registration and account
2.2.1. User Stocknub shall provide true, complete and current information regarding his account Stocknub and Materials. All required valid e-mail addresses, country of residence, telephone number and other required for optimal processes, requested Stocknub information.
2.2.2. It is forbidden to create several additional accounts (registrations) per user or to register with front people. If an additional account is found, both accounts are blocked and the Stocknub membership termination procedure is started.
2.2.3. By registering your Stocknub account, you agree to the Stocknub Privacy Policy and automatically confirm that you agree to each paragraph of the Terms of service, act consciously and voluntarily, agree to abide by the provisions of these Terms of service, as well as other local acts of the studio, license agreement, rules on the site Stocknub and other documents adopted by the Board of Directors, and that the use of the website did not violate the laws of the user State. Otherwise, we ask you not to register because it can be cancelled. The requirements for account registration information on Stocknub are published in the license agreement.
2.2.4. Verification of the personality.
Stocknub Can request identity documents from the user at any time to improve the security of the studio and prevent fraud. If you refuse to provide such documents, your account may be blocked.
2.2.5. The user is responsible for the security (resistance to guessing) of the Login and password chosen by him or her, as well as for their own confidentiality. The User shall immediately notify the Site of any unauthorized (not authorized by such Registered User) access to his Account (including login to his Account), including the use of his Login and password, and/or any violation (suspected violation) of their confidentiality. For security reasons, the Registered User shall be obliged to terminate the use of his/her Account by clicking the "End of Session" button at the end of each session of work on his/her Account. Stocknub is not responsible for possible loss or distortion of data, as well as for other consequences of any nature that may arise due to violation by the user of the provisions of this section of these Terms of service.

2.3. Initiation
The user becomes a member of the studio after registering an account on the Stocknub site and making the first membership fee.
3. Membership types
3.1. The studio has two types of membership, An Author and A Backer. All types of participants can be referred to collectively as "owners," or "participants".
3.1.1. Authors - all individuals uploading photos to the Stocknub platform, paying for studio services in the form of photo processing and promotion, as well as specified membership fees, receive charges from photo sales to Stocknub.
3.1.2. Backers - all natural persons who voluntarily finance the development of the studio earn a percentage of the profits of the studio and pay specified membership fees.
2.1.3. All participants have the same right to vote in the management of the studio, regardless of the amount of funding.
4. Financial relations
4.1. Membership cost
In accordance with the rules of the studio, all its members pay membership fees. The studio deducts such contributions automatically from the assessments received. The contribution from profit does not exceed 3%, at the same time, the minimum amount of membership contribution is $99 per year with insufficient profit. At the same time, the first 100 days are not subject to membership fee from the moment of account registration.

4.2. Charges to the author
4.2.1. The author voluntarily pays for Stocknub services including processing, attribution, promotion of photos and sale on the photo market. The author of the photo independently selects the amount of payment, and receives an accrual commensurate with the amount of payment of services and depending on the total profit of Stocknub.
4.2.2. The author receives the first charge for the 4th day (days is the period of 24 hours on official working days) after uploading the photo (s) and paying for the services of Stocknub and further every working day, except Saturday and Sunday and official holidays.
4.2.3. Stocknub pays to the author a charge for every working day taking into account the dowload of materials of the author, taking into account the general sales per day, frequency of your photo uploading proportional to the made fee Stocknub. Please note that customer downloads may be delayed in reporting in your Stocknub account. Payments are made automatically; there is no need to bill Stocknub authors.

4.3. Charges to the Backer
4.3.1. The Backer voluntarily contributes funds for development Stocknub. The Backer earns a percentage of the profit of the studio commensurate with the payment made.
4.2.2. The Backer receives the first accrual and automatic payment after 30 calendar days after the payment of the funds, as well as every such period until any changes in the relationship between Stocknub and the Backer.
4.2.3. The amount of accrual depends on the number of working days in the month and the amount of profit Stocknub during those days. The current amount of accruals is published on the website.

4.4. Current accruals can be seen in users 'personal offices.

4.5. The sum of the minimum payment for the registration period which is 1.00 USD (1.00 US dollars) is provided. (Hereinafter referred to as "Minimum Payment"). If you do not accumulate a minimum payment during the accounting period or provide Stocknub a valid account to make electronic payments, the funds due to you will be transferred to the next accounting period.

4.6. Fund of studio development.
Regular membership fees and contributions from backers are allocated to the Studio Development Fund, managed by the Board of Directors and the Board allocates to ongoing and planned studio and platform development activities.
5. Conditions of the publication of materials
For photo upload restrictions, see the "Upload your Photo" section on your page. All conditions for publishing materials and transferring rights to published materials on the Stocknub platform are described in the License Agreement.
6. Electronic message delivery
6.1. You agree to receive all communications, agreements, documents, notices, and other information (collectively referred to as "communications") that Stocknub provides in connection with your material and your account electronically via email. Messages include agreements and policies you accept, updates to such agreements and policies, account statements, and any other information related to your content and your account. Stocknub will send you messages by posting them on the website or by email to the primary address registered on your Stocknub account.

6.2. In order to receive and store messages electronically, you will need a computer or mobile device with Internet connection, an up-to-date version of the web browser, an up-to-date version of the program that accurately reads and displays PDF files, a valid email address (Your email address registered with the user 's account) and enough space to store messages sent earlier, or an installed printer that lets you print them. We will notify you in the event of any significant hardware or software changes required to receive electronic messages. "Current version" refers to the version of the software currently supported by its publisher. We reserve the right to stop maintaining an up-to-date version of the software if we believe the site’s technical support has a security or other performance flaw that makes it unsuitable for use with Stocknub products and services. By agreeing, you confirm that you have access to all necessary equipment and can receive, open and print or download copies of any messages for your archive.

6.3. You agree that if Stocknub sends you a message electronically and you do not receive it because the primary email address registered to you is incorrect, out of date, blocked by your service provider, and for any other reason, Stocknub will be deemed to have properly provided you with the message. You can change your primary email address at any time by updating your registered information in your account settings through a support contact.
7. Representation and work for the benefit of the studio
7.1. The studio values the active position of each of its members, provides the best conditions for its representatives in different countries of the world. Up-to-date information on the terms of representation is published on Stocknub in the relevant section.

7.2. The studio may publish various ads or assignments for its members on the site in the News section or in User Notifications for the purpose of promoting the studio, attracting new authors and backers. Users who participate in tasks can receive various bonuses from Stocknub.
8. Risks
8.1. Studio Stocknub does not guarantee successful sales of all authors and, accordingly, does not guarantee that there will be no reduction or accruals termination of the authors or backers and does not bear any financial, legal or other responsibility to users in these cases. Users should be aware of the possible risks associated with the use of the platform and the work of the studio.

8.2. By accepting this agreement, users are not entitled to claim in any form for the reduction or termination of accruals associated with the risk of non-sales, platform failures and/or any other emerging problems with the studio or Stocknub platform.

8.3. In case of bankruptcy, the studio development fund is distributed among all members of the studio, and the studio will completely cease its work.
9. Membership termination
Either party may terminate membership and close the account through the procedures below.

9.1. A studio member may be inactivated and stripped of membership by the studio member himself upon complete removal of the account, through a support request. Stocknub will close your account within 90 days, and termination of membership of the studio shall be considered from the date of such support request.

9.2. A member of the studio may be inactivated and deprived of membership with the closure of the account on the site by the decision of the company Stocknub unilaterally, without the right of appeal and with total loss of earned funds in cases:
9.2.1. Violations of the provisions of these Terms of service, license agreement or other local acts of the studio.
9.2.2. In cases of posting photos published on other photo banks or social networks or other people’s photos without the right to use them, as well as in any other cases of violation of intellectual property rights.
9.2.3. In the case of photos containing elements or completely inadequate content: - pornographic contents or obscene, in fact, cruel materials and also such which can be apprehended as the slanderous, discrediting or other illegal or immoral materials;
- Using minors to generate income;
- Depicting illegal or violent acts;
- Portraying animal cruelty or violence against animals;
- Photographs, passports, driver’s license or other personal documents and (or) any other documents of legal entities or individuals;
- Photos of similar or identical content, including using multiple accounts, without obtaining prior written consent Stocknub;
- A large number of photographs of inadequate quality not suitable for further processing and use;
- Photographs that promote fraudulent schemes or give rise to accusations of misleading advertising or unfair competition;
- The photos breaking any laws, precepts of law, resolutions or regulations.
The requirements for submissions or recommendations for submissions are described in more detail in the License Agreement.
9.2.4. In connection with fraud, violation of the rights of third parties, including the rights to confidentiality or publicity, non-compliance with Stocknub recommendations in the current version, violation of the terms of this or any other agreement you have entered into with Stocknub, as well as in the absence of violations.
9.2.5. If the account is not active for 1 year after the last action on the Stocknub platform, users who no longer receive charges on the Stocknub platform and cannot make a minimum membership fee for the studio development of $99 per year.
9.2.6. In case of presence of the second or more accounts registered to one natural person or account registered to a front person.
9.2.7. In cases of any conduct that, in Stocknub 's sole discretion, limits other individuals or prevents them from using the site.
9.2.8. In other cases that violate any law, cause damage or threaten damage to the activities of the studio or other members of the studio, by decision of the board of the studio.
9.2.9. The Stocknub Community Administration, among other things, reserves the right, without explanation, to refuse to participate with termination of membership, and to block the account of any participant at any time or, in its sole discretion, to block, restrict, suspend or cancel access to the Site and/or the Stocknub Materials in whole or in part.

9.3. If your account closes for any reason and you lose your membership, you must obtain written permission from Stocknub before registering another account. It is prohibited at any time to have more than one active account of the author without obtaining written consent Stocknub in each individual case.

9.4. The membership capital of the inactivated member of the studio is transferred to the development of the studio in the studio development fund and is not refundable.

9.5. Right of succession
In the event of the death of a member of the studio, the relatives of the first or second line member may claim rights to the user’s account, membership of the studio, and to receive further charges when providing all evidentiary documents within one year of the death of the member of the studio. Membership can only be transferred with the prior consent of the Stocknub administration.
10. Assembly of members
10.1. Definition
The Assembly of Members is an assembly of members of the studio to decide any matters. The Assembly may be held both for all members of the studio on matters of concern to all members and separately for different types of members or only among the board of the studio and/or executive managers. The Stocknub member assembly can be held both in face-to-face format and remotely online.

10.2. Powers and duties
The Assembly of Members shall be held in the form of a vote on: (a) election and removal of directors; (B) taking various decisions for consideration by the Board; And (c) the adoption of the basic instruments of the studio.

10.3. Meetings
The meeting of all members is held in the form of an online vote as necessary on issues related to the work of the studio. Questions on the agenda of online voting are taken at the board of directors in the board.
11. Board of directors
11.1. Definition
The board of directors consists of founders, the elected owners of business and key executive managers of studio, governing body of studio, the studio making key decisions on management.

11.2. Structure of the board of directors:
11.2.1. Studio founders are not elected studio members eligible to vote on the board of directors on key studio governance issues.
11.2.2. Elected directors are elected members of the studio who are selected from any type of studio member who wishes to participate in elections that meet the minimum requirements for membership in the board of directors and have submitted their studio development project.
11.2.3. Executive managers of the studio are top managers of the studio who have key information on the main directions of the studio work and take part in the formation of the voting agenda. They are hired by the board of the studio or elected by a majority vote of the board of directors.

11.3. Powers and duties
The Board are responsible for: mission and policy and other fundamental documents of the studio, organization, control and improvement of business processes, continuous improvement of the platform, promotion of the company on the market, ensuring that all actions carried out by the studio are legal and in accordance with local acts of the studio.

11.4. Continuity
11.4.1. Requirements to join the Board of Directors:
(A) The seat of the founder of a studio may be transferred by right of inheritance or gift by the founder of the studio.
(B) Requirements to join the board of directors for elected directors.
All candidates for open vacancies to the Board of Directors must complete the application and meet the minimum requirements:
1) The amount of investment in the studio, through authorship or through a contribution must exceed $100,000 per year.
2) From the moment of registration on the platform and active work on it must take at least 2 years.
3) Completed questionnaire for the candidate for the board.
4) Good position and reputation in public life.
5) Absence of violation of provisions of local normative acts including this agreement.
6) Studio development project in presentation format.
(C) Executive managers of the studio are hired and elected by a majority vote of the board of directors in the event of an open vacancy.

11.5. Elected directors are appointed for three years and current directors may be appointed for no more than 2 consecutive three-year terms or eight consecutive years, and thereafter have the right to re-apply for election in a minimum of 2 years.

11.6. Elections
Elections of elected members of the Board of Directors are held online in the format of a referendum of members of the studio in two stages:
1 stage - preliminary voting to identify candidates for the board of directors from among the members of the studio who submitted applications, suitable for the requirements and provided all the required documents.
Stage 2 - election from candidates to the board of directors for members of the board of directors. Voting for each stage must be open within 30 days. The referendum is considered to have been held even with a minimum number of votes and a difference of 1 vote in the majority of votes.

11.7. Removal
A director can be removed from the board of directors for no reason. Deletion requires a two-thirds vote of the Board of Directors or a majority vote of the members of the Assembly.

11.8. Vacancies
In the event of a vacancy, the Board shall select a person to fill the seat on a temporary basis until the next election cycle.

11.9. The closed meetings
The results of all meetings of the Board of Directors shall be informed to the whole studio, except for those where personal questions of the staff of the organization or other members of the studio are considered.
12. Working vote and amendment
The Working Meeting shall consider matters relating to any business operations of the Studio that implement the mission, policies or rules necessary to carry out the tasks of the Studio and shall be put forward for online voting for members of the Studio affected by the change.
13. Other conditions
14.1. Access to information
13.1.1. Stocknub Considers the following information to be open to all members of the studio:
1) Documents concerning studio members including these Terms of service, license agreement and other local regulations;
2) Other information sent in messages or published on the Stocknub site.
13.1.2. Stocknub finds the following information hidden for all members of the studio and does not disclose it under any circumstances:
1) Information concerning personal data of studio members, studio employees or board members.
2) Information concerning the uniqueness of the system of sales and promotion of materials of authors, as it includes personal data of members of the studio and trade secrets.
3) Information concerning the management system and key processes of the studio shall not be disclosed to members of the studio who are not members of the board of the studio.

13.2. Stocknub Disclaimer
13.2.1. The studio has made every effort to ensure the accuracy of the content of the Stocknub .com website, but cannot accept responsibility for any inaccuracies, omissions, or errors, whether in relation to information provided on the website or on any that the studio website may be associated with. If you find any violations, inaccuracies, or errors on the site, please contact site support.
13.2.2. You use the Site at your own risk. The site is provided by Stocknub in accordance with these terms of use "as is" without express, implied, legally required or other warranties of any kind. In respect of any services available on the Site, Stocknub expressly waives all warranties of any kind, express or implied, including implied warranties of commercial value, fitness for a particular purpose and no infringement of rights, and any other warranties that may arise under any law.
Without limiting the general meaning of the above, Stocknub does not guarantee that: (a) the Site will meet your requirements; (B) access to the Site will be continuous; (C) the quality of the Site will meet your expectations; and (d) any errors and shortcomings of the site, services or materials will be corrected.
Stocknub Gives no assurance that the Site will be permitted in your jurisdiction, that any Materials you send will be available on the Site or will be stored on the Site, that the Site will meet your needs or that Stocknub will continuously maintain any particular functionality of the Site. In cases where any waiver or limitation of liability does not apply, all applicable express, implied and statutory warranties will be in effect for a period of thirty (30) days from the date of your first use of the Site, after which no warranties will be in effect.
13.2.3. Stocknub is not liable for any damages, including actual, indirect or special damages related to the use of the platform or the operation of the studio or the termination of your user account and/or termination of membership in the studio. You expressly agree to all possible uses of your materials as discussed herein and in the license agreement and may not claim any special compensation for any losses incurred or any other risks that may arise during the use of the platform or during the course of the studio.

13.3. In the event of any discrepancy between these Terms of service and any license agreement you enter into with Stocknub, the terms of the license agreement shall prevail. In case of disagreement between these Terms of service and other studio regulations, this User Agreement shall prevail.

13.4. This User Agreement will not be construed in favour or against either party, but only in an impartial manner, in accordance with the meaning of the agreement and their actual meaning. The invalidity or inapplicability of any part of this Agreement shall not affect the validity and applicability of the remaining parts of the Agreement.

13.5. Changes
Changes to these Terms and Conditions are not retroactive. By continuing to provide your Materials in Stocknub, you acknowledge that you agree to any such changes. The Parties agree that the purpose of these Terms is solely the mutual benefit of the Parties and these Terms do not provide for any benefits, rights, obligations or obligations of third parties. If these Terms change, you will be notified.
Valid from June 01, 2020.