TECStock is a photo discovery platform for free to use, high-definition photos and video clips. We (The Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the United States of America (“DFMS”)) operate the TECStock website at tecstock.episcopalchurch.org (the “Site”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”) with the goal of curating and sharing images sourced from contributors throughout The Episcopal Church and other individuals and partner organizations. Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and DFMS to be bound by the terms and conditions in these Terms of Service.
THIS PART IS REALLY IMPORTANT: These Terms require that if we get into a dispute with you relating to the Service (or vice versa), unless you live in the United Kingdom or the European Union, the dispute will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US (OR BE SUED BY US) UNDER THIS CONTRACT (except for some disputes that can be taken to small claims court). Our disputes will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and you cannot start or join a class action lawsuit. Have a very careful read through Section 18 for the actual details regarding our agreement to arbitrate, which we’ve tried to make fair to our users.
The Service is designed for use by people who are at least 13 years old. If you are not yet 13, then you can’t use the Service. If you are 13 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.
3. Accounts and Registration
When you use the Service, you have the opportunity to register an account. We suggest you do register an account, because creating an account on the Service gives you access to special features around discovering content, downloading, and contributing to the community. If you do, we ask that you give us some information about yourself as part of the registration process, some of which is required in order to register the account. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. We also ask you to provide a password to protect the security of your account. You are responsible for keeping your password safe and confidential. Any activity that happens under your account will be your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at email@example.com.
4. Limited License to Use the Service (but not the Media Content)
Conditioned on your continued compliance with these Terms, we grant you permission to access the Service for your personal use or on behalf of your organization.
5. License to Media Content
One of the best features of the Service permits you to search, view, and download photographs and video content that have been uploaded by TECStock users (“Media Content”). You may download and use Media Content from the Service in accordance with, and subject to, the terms outlined in this document. We encourage you to familiarize yourself with the TECStock License, as well as the accompanying FAQs. To be sure you don’t miss it, here’s the crux of the license:
DFMS grants you a revocable, nonexclusive, worldwide license to download, copy, modify, distribute, perform, and use photos from TECStock for free, including for commercial purposes, without permission from or attributing the photographer or DFMS, but this license does not include the right to compile photos from TECStock to replicate a similar or competing service.
This means that Photos on the Service come with a broad license to use under the TECStock License. This is why we say that they are “Free to Use.” Note that the TECStock License does not include the right to use:
- Trademarks, logos, or brands that appear in Media Content
- People’s images if they are recognizable in the Media Content
- Works of art or authorship that appear in Media Content
If you download photos with any of these depicted in them, you may need the permission of the brand owner of the brand or work of authorship or individual depending on how you use the Photo.
6. User Content
YOU REPRESENT AND WARRANT THAT YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY PHOTOS THAT YOU UPLOAD TO THE SITE.
At a High Level. The Service lets you upload and post your Media Content, as well as written text, images, web links, location information, and other content (together with the Media content, the “User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.
License to Us. You grant us an irrevocable worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any use of your User Content and that your User Content will be made available to the public for their use without providing you attribution or compensation.
Authority. When you upload User Content to the Service, in addition to the license that you grant us to post the User Content publicly and permit other TECStock users to download and use them, you also authorize us under your copyrights to enforce any violations of the sublicenses we grant in the User Content to others. In other words, if a TECStock user misuses one of your Photos downloaded from the Service, you authorize us to enforce your copyrights in the User Content on your behalf. If you are interested in learning more about this, please see our FAQs.
Representations and Warranties. You are solely responsible for your User Content and any consequences that occur because you’ve uploaded or posted the User Content on the Service. Each time you upload or post or publish User Content, you represent and warrant to us that:
You are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service as envisioned in this Section 6; and
Your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.
Disclaimer. There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload or post to the Service. This means that we are not responsible for any User Content on the Service and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including, without limitation, if we think the User Content violates these Terms, violates someone else’s copyright, is objectionable, or for any other reason, or no reason, in our sole and absolute discretion. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.
7. Digital Millenium Copyright Act
We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). If you think that materials uploaded to or posted on the Service infringe any of your copyrights, you may contact our Designated Agent at:
The Domestic and Foreign Missionary Society, 815 2nd Ave., New York, NY 10017. E-mail: firstname.lastname@example.org
Any notice that alleges materials hosted by or distributed through the Service infringe intellectual property rights must include:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address;
a statement from you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We reserve the right to terminate (without notice and with or without reason) the accounts of any user, including, without limitation, those users that we find are “repeat infringers,” which is a user who has been notified of infringing activity twice or has had infringing User Content removed from the Service twice.
8. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
Use the Service for any illegal purpose or in violation of any laws or regulations;
Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;
Upload, post, or publish any User Content that is unlawful, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
Interfere with the security features of the Service (e.g., don’t disable or circumvent features that limit your use or copying of any User Content or reverse engineer the Service to discover the Source Code of the Service);
Interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with the networks or equipment that we use to provide the Service);
Perform fraudulent activities, such as impersonating another person or lying about your date of birth;
Sell prints of Photos without first significantly or meaningfully updating, modifying, or otherwise incorporating new creative elements into the Photos beyond simple retouches, resizing, or other minimal changes so long as they are not done by automated means (i.e., selling unaltered, slightly altered, or altered by automatic script copies of the Photos);
You may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism;
Access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish);
Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any Photos to create a similar or competitive service or to contribute the Photos to an existing similar or competitive service;
Transfer your rights to use the Service or to view, access, or use any Materials; or
Attempt to do, or assist anyone else to do, any of these things.
9. Other Companies’ Services and Linked Websites
You may find tools on the Service that let you send information, including User Content and Materials, to other companies’ services, such as through features that allow you to link your account on the Service with an account on another service (e.g., Twitter or Facebook or the implementation of other companies’ like or share buttons). If you use these tools, you permit us to send this information to the other companies’ services and you acknowledge that we are not responsible for the other companies’ use of this information. You may also find links to other websites not operated by us on the Service. These websites are also not under our control, so please use your discretion when you leave the Service.
10. Termination of Your Account
If you breach any of these Terms, your permission to use the Service will terminate automatically.
Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice and with or without reason, in our sole and absolute discretion) without liability to you. You can terminate your account on the Service by emailing email@example.com.
We may update, modify, or even discontinue the Service at any time without notice to you.
Additionally, we may notify you of additional requirements that you need to follow when using the Service. These requirements could be things like acceptable use policies or community guidelines. Any Additional Policies that we post on or link to the Service are incorporated into these Terms as part of our agreement.
12. Modifying these Terms
We reserve the right to amend these Terms at any time, without or without notice, for any reason or no reason, all in our sole and absolute discretion. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to an email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.
13. Ownership of the Service
DFMS owns and operates the Service. All of the software, visual interfaces, graphics, designs, information, compilation of Photos, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these Terms.
You are responsible for your use of the Service. You agree to defend and indemnify us, including our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim.
15. Disclaimer; No Warranties
WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
EXCEPT AS PROVIDED IN SECTION 16 BELOW, YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.
THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED ABOUT US OR THE SERVICE.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF THE DAMAGES.
EXCEPT AS EXPLICITLY PROVIDED IN SECTION 18, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO US$100.
THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Governing Law, Dispute Resolution and Arbitration
Residents of the US and Other Countries. If you are a resident of the United States, or any other country outside of Canada, the United Kingdom, or the European Union, this Section 18.a applies to you:
Generally. In the interest in resolving disputes between you and us in the most efficient and cost effective way, you and we agree to resolve any and all disputes arising in connection with these Terms or your use of the Service by binding arbitration. Arbitration is less formal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, may allow for limited discovery (i.e., pre-trial fact finding) than in court, and usually is not appealable in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate claims arising out of or relating to any aspect of these Terms, includes all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DFMS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
Exceptions. Notwithstanding this Section 18, we both agree that nothing in these Terms waives or limits either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through federal, state, or local agencies, (iii) seek injunctive relief or other provisional relief in aid arbitration from a court of law, or (iv) to file a lawsuit in a court of law to address intellectual property claims.
Arbitrator. Any arbitration between us will be held under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. If you would like a copy of the AAA Rules, they are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
Notice and Process. If one of us intends to seek an arbitration, then they must first send a written notice of the dispute to the other party, by certified mail or Federal Express (signature required), or, if we don’t have a physical address on file for you, by email (“Notice”). Our address for Notice is: The Domestic and Foreign Missionary Society, 815 2nd Ave., New York, NY 10017. Any Notice must (a) describe the nature and basis of the claim or dispute, and (b) describe the specific relief requested (“Demand”). You and we agree to use good faith efforts to resolve any claim directly, but if we don’t reach a resolution within 30 days after the Notice is received, you or we may start arbitration proceedings. During the arbitration proceeding, the amount of any settlement offers by you or us will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If our dispute is resolved through arbitration in your favor, we will pay you the lesser of: (i) the amount awarded by the arbitrator (if any), (ii) the last written settlement offered by us to settle the dispute prior to the arbitrator’s award, and (iii) $100.
Fees. If you commence arbitration under these Terms, you will be responsible for the payment of the filing fee.. You can choose whether the arbitration is conducted (i) solely on the basis of documents submitted to the arbitrator, (ii) via telephone, with no in-person hearings, or (iii) by an in-person hearing in New York City, New York. If the arbitrator rules that the substance of your claim or the relief you seek in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then you agree to reimburse us for all our fees and expenses associated with the arbitration. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award (if any) are based. The arbitrator may make rulings and resolve disputes regarding the payment of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND WE EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless you and we agree otherwise, the arbitrator cannot consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
Modifications. If we make any future changes to this arbitration agreement (other than a change to our address for Notice), you can reject the changes by sending us written notice (to our address for Notice) within 30 days of the change. If you do so, your account on the Service will immediately terminate and this arbitration agreement, as in effect immediately prior to the amendments you rejected, will survive termination.
Enforceability. If any parts of Section 18are found to be unenforceable, or if the entirety of the arbitration agreement in this Section 18 is found to be unenforceable, then this Section 18 will be null and void and, if this happens, you and we agree to submit any disputes arising in connection with these Terms or your use of the Service in the exclusive jurisdiction described in Section 18.
Residents of Canada. If you are a resident of Canada, this portion of Section 18 applies to you:
General. These Terms and any action related thereto will be governed by the laws of the Province of Quebec, Canada, without regard to its conflict of laws provisions. Subject to the rest of this Section 18, the exclusive jurisdiction and venue of any action in relation to this Agreement will be the District of Montreal and each of us waives any objection to jurisdiction and venue in these courts; except that, in the event of the actual or threatened infringement, misappropriation, or violation of our intellectual property rights, we may pursue legal proceedings in any jurisdiction of our choosing.
Arbitration. Each of us agrees that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service will be settled exclusively by binding arbitration, except that each of us retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights. You acknowledge and agree that you are waiving the right to participate as a plaintiff in any purported class action or representative proceeding. Unless both you and we otherwise agree in writing, the arbitrators may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this Section 18.b.ii is held unenforceable, then the entirety of Section 18 will be deemed void.
Arbitration Rules. The arbitration will be subject to article 940 and following of the Code of civil Procedure (Quebec).
Arbitration Location. Unless you and we otherwise agree, the arbitration will be conducted in Montreal, Quebec.
Decision. The arbitrators will render an award within the time frame specified in the Code of Civil Procedure (Quebec). The decision will include the essential findings and conclusions upon which the arbitrators based the award. Judgment on the arbitration award may be entered in any court having jurisdiction to do so. Any damages granted by the arbitrators must be consistent with the terms of Section 16 as to the types and the amounts of damages for which a party may be held liable.
Fees. The arbitrators will determine who is responsible to pay the fees associated with the arbitration.
Residents of the United Kingdom and the European Union. If you are a resident of the United Kingdom or the European Union, this portion of Section 18 applies to you. This Agreement is governed by the laws of England and Wales. The courts of England and Wales will have non-exclusive jurisdiction for resolution of any lawsuit or court proceeding permitted under this Agreement, which means that as a consumer you may only bring any lawsuit or court proceedings against us in a court in your country of residence of the courts of England and Wales. If DFMS wishes to enforce any of its rights against you, we may do so only in the courts of your country of residence. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Governing Law. If you are a resident of the United States or any other country outside of Canada, the United Kingdom, or the European Union, our agreement under these Terms is governed by the laws of New York, without regard to its conflict of laws principles. If a lawsuit is permitted under these Terms, you and we agree to the exclusive jurisdiction of the state and federal courts located in New York City, New York.
19. Consent to Electronic Communications
20. Contact Information
The Service is offered by The Domestic and Foreign Missionary Society, 815 2nd Ave., New York, NY 10017. You can reach us by sending letters to our address or by emailing us at firstname.lastname@example.org.