Last Updated: September 25, 2023
1. Acceptance of Terms
By registering on xStock, subscribers accept and agree to be bound by the following Terms of Service. This agreement constitutes a legally binding contract between the subscriber and xStock.
3. Licensing of Content
4. Notifications and Communication
5. Disclaimer of Liability
6. Termination and Deletion of Your Account
7. Modifications to the Terms
8. Photo Usage Limitations
9. Refunds and Cancellation
By registering as a contributor on xStock, you acknowledge and agree to comply with these Terms of Service, creating a legally binding contract between you and xStock.
3. Age Restrictions
3.1 Age Requirement
3.2 Verification of Age
3.3 Importance of Age Compliance
3.4 Protection of Minors
3.6 Parental or Legal Guardian Consent
4. Prohibited Content and Unacceptable Use of Stock
5. Reporting and Removal of Prohibited Content
6. Grant of Rights to xStock
7. Model and Property Releases
7.1 Model Releases
A model release is a legal document that grants permission from individuals depicted in your content (models or subjects) for the use and distribution of their likeness in your photographs or videos. This release is crucial when the subject is recognizable, and it establishes the subject’s consent for the use of their image.
You must obtain a model release for any content that includes recognizable individuals, even if the primary focus of your content is an object or scene. This applies to both adults and minors featured in your content.
A model release is especially important if the individual has distinctive features, such as scars, tattoos, or other distinguishing marks, that could make them easily recognizable. In such cases, obtaining a release is essential, as these features can contribute to an individual’s recognition.
It is worth noting that a model release is not required if the person in the photograph is a public figure, such as a celebrity, government professional, or other widely recognized individuals. Public figures are individuals who have voluntarily placed themselves in the public eye and have less expectation of privacy in certain situations.
However, if your content featuring a public figure is intended for commercial use or could be perceived as endorsing a product or service, you may still need to secure a release or consult legal counsel to ensure compliance with relevant laws and regulations.
The model release should include relevant details such as the model’s name, contact information, description of the content, and the purpose for which the image or video will be used.
You must keep copies of these model releases for your records and be prepared to provide them to xStock if requested. Failure to produce required model releases may result in the content being removed from the platform.
7.2 Property Releases
8. Credits and Moral Rights
9. Removal of Content
10. Contributor’s Liability
11. Our Liability
12. Termination and Deletion of Your Account
13. Changes to the Terms
14. Pornographic Photos
Contributors are strictly prohibited from uploading, submitting, or contributing any content that is explicit, pornographic, sexually explicit, or sexually suggestive in nature. This prohibition includes, but is not limited to, images, videos, or any other media that contains explicit sexual acts, nudity intended for sexual gratification, or any form of sexually explicit content.
xStock maintains a stringent policy against the inclusion of explicit or pornographic content on the platform, as such content may violate legal regulations and adversely affect the user experience for all subscribers and users.
Contributors who upload explicit or pornographic content will face immediate consequences, including the removal of the content from the platform and the suspension or termination of their contributor account. In cases of severe or repeated violations, legal action may be pursued.
If contributors are unsure whether their content may be considered explicit or pornographic, it is their responsibility to err on the side of caution and refrain from uploading such material. If you have any doubts about whether specific content violates these guidelines, please contact xStock for clarification before uploading.
xStock reserves the right to use automated tools and manual reviews to detect and remove explicit or pornographic content. We encourage users and subscribers to report any content that they believe violates these guidelines.
Upholding this policy is crucial to maintaining a safe and respectful environment on xStock. We are committed to ensuring that our platform is free from explicit or offensive materials that may harm the reputation of the platform or its users.
15. Tax Responsibilities
As a contributor on xStock, you have the sole responsibility to understand and adhere to the tax regulations and obligations applicable to the income you earn through this platform. This income may include earnings from the sale of your content, royalties, or any other financial transactions related to your contributions.
It is essential for contributors to be aware that the tax implications of their earnings can vary based on their location, tax residency, and the specific nature of their earnings. Tax regulations are subject to change, and it is your responsibility to stay informed about any updates or changes in tax laws that may affect your tax liability.
xStock does not provide tax advice, guidance, or services. We strongly recommend that you consult with a qualified tax professional or advisor who is knowledgeable about tax laws in your jurisdiction. A tax expert can help you determine your tax obligations, provide guidance on record-keeping, and ensure that you are in compliance with all relevant tax laws.
To facilitate tax compliance, xStock may provide you with access to transaction history and earning reports, which can assist you in accurately reporting your income to tax authorities. However, it remains your responsibility to maintain accurate records of your earnings and expenses related to your contributions.
Non-compliance with tax laws and regulations can result in penalties, fines, or legal consequences. It is your duty to report your earnings and pay any taxes owed in a timely and accurate manner. Failure to do so may lead to account suspension or termination on xStock.
By continuing to use xStock as a contributor, you acknowledge that you understand your tax responsibilities, and you agree to fulfill them in accordance with the laws and regulations applicable in your jurisdiction. xStock disclaims any liability for tax-related matters, and your use of the platform constitutes your acceptance of this responsibility.
16. Usage of Contributor’s Photo on xStock Social Media Platforms
17.1 Contributor’s Obligation
As a contributor on xStock, you agree to indemnify and hold harmless xStock, its affiliates, employees, agents, partners, and third-party users from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to:
Any content you upload, submit, or contribute to the platform, including but not limited to claims of copyright infringement, trademark infringement, privacy violations, defamation, or any other legal claims.
Your use of the xStock platform, including any violations of these Terms of Service, unlawful activities, or breaches of any applicable laws or regulations.
Any disputes or issues arising between you and other users, subscribers, or third parties on the platform or related to your contributions.
17.2 Legal Proceedings
17.3 Right to Legal Counsel
17.4 Limitation of Liability
Welcome to xStock’s Ad Manager program. These Terms of Service govern your participation as an Ad Manager and your interaction with the xStock platform. By becoming an Ad Manager on xStock, you agree to comply with the following terms and conditions, creating a legally binding agreement between you and xStock.
4. Ad Submission
5. Licensing of Advertisements
6. Reporting and Removal of Prohibited Ads
8. Our Liability
9. Termination and Deletion of Your Account
10. Changes to the Terms
11. Ad Payment
11.1 Payment Process
11.2 Payment Authorization
11.3 Payment Security
11.4 Ad Placement Activation
11.5 Payment Disputes
11.6 Payment Refunds
11.7 Changes to Ad Pricing
11.8 Billing Records
11.9 Currency and Payment Methods