Terms Of Use

1. Acceptance of Terms

Your access to and use of the information, material and services provided on Stockify.com (“Site”) is conditional upon your acceptance of, and compliance with, these Terms of Use, the Stockify Privacy Policy, rules and guidelines posted on the Site and any applicable license agreement between you and Stockify.

Stockify may revise and update these Terms of Use at any time and without notice. Your continued access or use of the Site constitutes your acceptance of such changes. Please regularly check the "Terms of Use" link on the home page of the Site to view the current terms.

Stockify remains the sole owner of all right, title and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Stockify may modify, suspend, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Stockify’s sole discretion. Stockify provides the Site on an "as is" and "as available" basis.  Stockify shall not be liable on any basis, to you or to any third party, for any modification, suspension or discontinuance of the Site.

The Site is made available by Stockify Pty Ltd, a company based in Australia. Stockify makes no representations in relation to the appropriateness or availability for use of the Site in other locations. If you choose to access the Site from locations outside Australia, you do so on your own initiative and you are responsible for your compliance with applicable local laws.

2. Intellectual Property

All content on this Site, including but not limited to text, video, audio, graphics, icons, images and related metadata (collectively, the "Stockify Content"), together with the selection and arrangement of the Stockify Content, are the property of Stockify and its licensors and are protected by intellectual property laws including laws relating to copyright, trademark, internet domain names and other similar rights.

Except as expressly provided in these Terms of Use, or in a separate license agreement between you and Stockify, Stockify does not grant any express or implied permission to use the Site or any Stockify Content. By accessing the Site, you agree and acknowledge that you will not copy, republish, link to, download, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sub-license or reverse engineer the Site or any Stockify Content. In addition, you agree and acknowledge that you will not use any data and/or image gathering and extraction methods in connection with the Site or Stockify Content.

Unless you enter into a license agreement with Stockify, any use of the Stockify Content without Stockify’s written permission is prohibited and Stockify expressly reserves all of its legal rights concerning ownership and commercialisation of all of the Site’s contents.

3. Trademarks

For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names and Internet domain names owned or used by Stockify.

Stockify Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Stockify or the applicable trademark holder. You may not use metatags or any other "hidden text" utilising "Stockify" or any other name, trademark or product or service name of Stockify without Stockify’s 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 Stockify and may not be copied, imitated or used, in whole or in part, without Stockify’s 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.

4. Privacy

Stockify (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Stockify subject to your agreement with the applicable third-party platform. Stockify’s collection and use of all such information shall at all times conform to this Terms of Use, the Stockify Privacy Policy, and any other applicable law.

Stockify will use and protect your personal information, such as your name and address, in accordance with the Stockify Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.

5. Your Content

For any text, video, audio, graphics, icons, images or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) Stockify 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.

You may not upload, post, or transmit any text, video, audio, graphics, icons, images or other content that:

(a)   infringes any third party's copyright or other intellectual property rights or any right of publicity or privacy;

(b)   contains any pornographic, defamatory, or otherwise unlawful or immoral content;

(c)   exploits minors;

(d)   depicts unlawful or violent acts;

(e)   incites, or might be reasonably deemed to incite, hatred of or violence towards others;

(f)    depicts animal cruelty or violence towards animals;

(g)   promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or

(h)   violates any law, statute, or regulation.

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

6. Infringement 

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 Stockify with a written communication addressed to legal@stockify.digital including substantially the following information:

(a)   an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;

(b)   description of the copyrighted work or other intellectual property that you claim has been infringed;

(c)   a description of where the material that you claim is infringing is located on the Site;

(d)   your address, telephone number, and email address;

(e)   a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

(f)    a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.

7. Restriction and Termination of Use

Stockify may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Stockify Content at any time in Stockify's discretion, without prior notice or liability to you. Any conduct by you that, in Stockify’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

8. Linked Websites

In the event that the Site is made available through any third-party platform, or if Stockify provides links from the Site to any third-party platform, or permits any third party to link from its platform to the Site, you understand and agree that Stockify makes no warranty of any kind, express or implied, and accepts no responsibility, for any content or practices of such third parties or their platforms. Such platforms are not under the control of Stockify, and Stockify 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 Stockify. If at any time you have any concerns concerning any such third party platform, you should notify these concerns immediately to Stockify at legal@stockify.digital.

May 2018

9. Limitation of Liability

You assume all responsibility and risk for your use of the Site and the materials including without limitation any of the information contained therein.

Stockify, including its employees, agents and sub-contractors, shall not be responsible or liable for any direct, indirect, special, exemplary, incidental, consequential, punitive or other loss, costs, expenses or damages of any kind, or any damages whatsoever, including (but not limited to) those resulting from loss of profit, loss of contract, goodwill, data or information, loss of savings, business opportunities or revenue, whether or not advised of the possibility of such damage, arising out of or in connection with your use of or reliance on the content or services on the Site (or any linked websites) regardless of whether liability is based on breach of contract, tort (including negligence) or warranty, arises under a statute or any other legal basis for liability. Any implied terms, conditions or warranties are excluded to the full extent permitted by law.

10. Amendments to the Terms of Use

These Terms of Use may be revised and updated from time to time by Stockify without notice to you. You can review the current version of the Terms of Use at any time on the Site. Without limiting our right to provide notice by any other means, you will be deemed to have received notice of any changes to the Terms of Use upon us notifying amendments on the Site, and you will be deemed to have agreed to any such amendments to the Terms of Use when you next use the Site.

11. Severance

You agree that if any of these Terms and Use are found to be unenforceable under any applicable law, the unenforceability of that term, or part of that term, shall not have any bearing or impact on the enforceability of any of the other Terms and Use or of the remainder of that term. Where part of a term is found to be unenforceable, you agree that the relevant term is to be amended, to the minimal extent necessary, so as to remove the unenforceable content of the term, and that such deemed amendment of terms between the parties to this agreement is both reasonable and necessary given the commercial objectives of these Terms of Use.

12. Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria and any courts hearing appeals from those courts.