Terms of Service
Member Terms of Service
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.
Distinckt maintains the www.distinckt.com website. Casual users of the Site may browse image files (the “Image(s)”) and license the Images (licensees are hereafter referred to as “Members”). Users, including Members, may also become content contributors (“Contributors”). Contributors may upload image files to the Site for the purpose of having Distinckt act as Contributor’s agent for licensing image rights to Members, pursuant to the terms of the Distinckt Contributor Agreement.
By registering with Distinckt, Members agree to bound by the terms and conditions of Distinckt’s Privacy Statement (which is incorporated herein by this reference) and the following terms and conditions, as applicable (the “Agreement”):
Member Warranties and Responsibilities
- Member warrants that he or she has provided Distinckt with accurate, complete, and current member information. In the event that Member creates an account with Distinckt (a “Distinckt Account”), Member agrees to correct and update that information to ensure its accuracy and completeness at all times. Entering false personal 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 his or her Distinckt Account, and any other services or privileges provided by Distinckt.
- Members who create a Distinckt Account will receive a password. Each Member is entirely responsible for any and all activities conducted through his or her Distinckt Account. Member agrees to notify Distinckt immediately of any unauthorized use of Member’s password or account as well as of any other breach of security that may affect Distinckt.
- An individual Member may only create one Distinckt Account. This limitation may be waived by Distinckt if there is a pressing business or organizational reason for having more than one account. Please contact support for more information.
- Upon creation of a Distinckt 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, that is or may be illegal to use, that may cause confusion with respect to the person’s identity or association with other entities, or that Distinckt deems in its discretion to be vulgar or otherwise offensive. Distinckt reserves the right to delete any vulgar, inappropriate or offensive Member name, or to require the deletion thereof.
- Members whose accounts have been terminated by Distinckt may not access the Site without the express written permission of Distinckt. An active Member may not knowingly allow any terminated Member to use an active Member’s account.
Subscriber Terms. The terms in this section apply to Distinckt Account holders who activate a Distinckt subscription (“Subscription”):
- By registering for a Subscription, you agree to be bound by Distinckt’s Standard Content Usage Agreement which is incorporated herein and made a part hereof by this reference.
- Free Trials. Your Distinckt Subscription may begin with a free trial (“Free Trial Period”). If your Distinckt Subscription begins with a Free Trial Period, such Free Trial Period lasts for the time period specified during sign-up. Distinckt is not obligated to offer a Free Trial. A Free Trial Period may not be combined with any other offer(s). You must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”) to activate any Subscription (including a Free Trial). You are not eligible to receive a Free Trial Period if: (i) you have previously used a Free Trial Period; (ii) subscribed to Distinckt within the preceding 12 months; or (iii) your Payment Method or email address has previously been associated with a Distinckt Subscription. At the end of the Free Trial Period, Distinckt will automatically begin billing your Payment Method for Subscription fees unless you cancel prior to the end of the Free Trial Period.
- Your Account. To view the specific details of your membership, including your Subscription status, monthly Subscription price and the end date of your Free Trial Period, view your account information, which is accessible at https://www.distinckt.com/myaccount/. Your Payment Method may be authorized for up to approximately one term of service as soon as you activate a Subscription, including a Free Trial Period. In some instances, this authorization will reduce your available balance or credit limit; however, Distinckt will not make any charges against the Payment Method unless you do not cancel your Subscription prior to the end of your Free Trial Period. You will not receive a notice from Distinckt when your free trial period ends or when the paying portion of your Subscription has commenced. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD, DISTINCKT WILL NOT CHARGE YOUR PAYMENT METHOD. SEE https://www.distinckt.com/myaccount/ FOR CANCELLATION INSTRUCTIONS. Distinckt will continue to bill your Payment Method on a periodic basis, dependent on the length of your Subscription term, for your Subscription fee until you cancel. You may cancel your Subscription at any time. SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
- Distinckt periodically offers a number of membership plans, including special promotional plans, subscriptions or memberships with different limitations. Distinckt reserves the right to modify, terminate or otherwise amend our offered membership plans.
- The number of Subscription Image downloads available to you is determined by the Subscription you purchase. For the purposes of this Agreement, a day is defined as the twenty four (24) hour period beginning at the time you purchase your Subscription. A month is defined as thirty (30) consecutive days beginning on and including the date that you activate your Free Trial Period or Subscription.
- By starting your Subscription, you are expressly agreeing that Distinckt is authorized to charge you a Subscription fee to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice. As used in these Terms of Service, “billing” shall indicate a charge or debit, as applicable, against your Payment Method. Distinckt shall be under no obligation to refund any Subscription fee under any circumstances. However, in the event that Distinckt, in its sole discretion, determines that you are entitled to a refund of all or part of a Subscription fee, such refund shall only be made to the credit card account originally used by you to purchase your Subscription.
When available, the Distinckt Affiliate Program is intended to allow enrolled Members to refer new members to Distinckt. The Distinckt Affiliate Program may not be used by any Member as a method for discounting his or her own purchases. Misrepresentations or fraudulent uses of the Distinckt Affiliate Program other than those described herein may result in loss of services, commissions or other account privileges.
Members shall indemnify, defend and hold harmless Distinckt, 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 Member’s warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) incurred by Distinckt as a result of such breach or breaches. Distinckt 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 indemnity obligations.
Control of Operations
- Distinckt, in its sole discretion, may remove any Images uploaded to the Site including those appearing to infringe the intellectual property rights of other entities.
- Distinckt reserves the right, but does not assume the responsibility, to restrict conduct which Distinckt deems in its discretion to be harmful to individual Users, damaging to the communities that use Distinckt, or in violation of Distinckt’s or any third party’s rights.
Distinckt 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.
- Distinckt 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 Distinckt harmless from any claims related to Member’s usage of Images.
- Distinckt, 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 Distinckt.
- Distinckt makes no warranty that access to the Site will be uninterrupted, timely, secure, or error free.
- Distinckt makes no warranty as to the use or the results that may be obtained from the use of Distinckt.
- Distinckt makes no warranty with respect to any related software or hardware used or provided by Distinckt. 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.
Limitation of Liability
Member acknowledges that Distinckt shall not be liable to Member or any third party for any claims and/ or damages arising from Member’s use of Images. Distinckt 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 Distinckt has been advised of the possibility of such damages.
Any Member may terminate his or her Distinckt account at any time with or without cause by notifying Distinckt’s support staff of Member’s desire to do so.
Distinckt may terminate any Member account at any time, for any reason or no reason. Member accounts that are not accessed (logged into) for more than two years may be deemed terminated at the discretion of Distinckt.
Any conduct by Members that, in Distinckt’s sole discretion, restricts or inhibits any other person or entity from using or enjoying Distinckt or another service, is strictly prohibited and may result in the termination of a Member’s account without further notice. By registering for an account, each Member agrees to act reasonably and courteously in all communications with Distinckt employees and other Members. Member agrees to refrain from offensive speech, threats, intimidation, harassment, or sexual harassment of Distinckt employees and Members.
In the event that a Member’s account is terminated due to impermissible conduct or fraud, access to Distinckt services, accounts, and commissions, as applicable, is immediately forfeited.
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.
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 Distinckt. 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 Distinckt relating to the subject matter of this Agreement.
Revision of Agreement
Distinckt 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 Distinckt Member Support. Notice of termination will be effective upon return receipt or notification by Distinckt.
Questions? Please contact customer service here.