1. Acceptance of Terms

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.

2. Registration

• To become a contributor on xStock, you must complete the registration process and provide accurate and complete information, including your contact details, payment information (if applicable), and any requested tax information.

3. Age Restrictions

• At xStock, we prioritize the safety and compliance of our platform, and we want to ensure that all contributors meet the necessary age requirements. To contribute content and be part of the xStock community, please be aware of and adhere to the following age-related guidelines:

3.1 Age Requirement

• To register as a contributor on xStock, you must be at least 18 years old. By registering, you confirm that you meet this age requirement. This age threshold is set to ensure that contributors have a level of legal capacity and understanding of their responsibilities when engaging with our platform.

3.2 Verification of Age

• We may take measures to verify your age during the registration process or at any point during your use of xStock. This may include requesting government-issued identification or other forms of age verification. We do this to maintain the integrity of our community and protect the interests of contributors and users alike.

3.3 Importance of Age Compliance

• Adherence to age requirements is crucial for the responsible use of the platform. By complying with these requirements, contributors help ensure that they have the legal capacity to enter into agreements, provide consent for the use of their content, and understand their tax and legal responsibilities.

3.4 Protection of Minors

• We are committed to protecting the rights and privacy of minors. As such, we do not knowingly collect or solicit personal information from individuals under the age of 18. If you become aware of any individual under the age of 18 using xStock or attempting to register as a contributor, please report it to us immediately.

3.5 Accountability

• Contributors are accountable for providing accurate information about their age during the registration process. Misrepresentation of age is a violation of these Terms of Service and may result in the suspension or termination of the contributor’s account.

3.6 Parental or Legal Guardian Consent

• If you are a parent or legal guardian and believe that your child has provided their information to xStock without your consent, please contact us immediately, and we will take the necessary steps to address the situation.

4. Prohibited Content and Unacceptable Use of Stock

• As a contributor, you are 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.

5. Reporting and Removal of Prohibited Content

• xStock encourages users to report any content they believe violates the platform’s guidelines. Upon receiving a report, xStock will review the content and may remove it if found to be in violation.

6. Grant of Rights to xStock

• By submitting content to xStock, you grant xStock a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, publicly display, and perform the content for the purpose of operating the xStock platform and promoting its services. This license is irrevocable for the duration of copyright protection.

7. Model and Property Releases

• When contributing content to xStock that features identifiable individuals or private property, it is your responsibility to ensure that you have obtained and maintained all necessary 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

• A property release is necessary when your content prominently features private property, such as buildings, landmarks, or distinctive interiors, that are identifiable. Obtaining a property release involves obtaining permission from the property owner or authorized representative for the use of the property in your content.

8. Credits and Moral Rights

• xStock will make reasonable efforts to credit you as the contributor of your content where applicable, but you acknowledge that attribution may not always be possible or required. You retain any moral rights you may have in your content.

9. Removal of Content

• xStock reserves the right to remove or disable access to any of your content for reasons including, but not limited to, violations of these Terms of Service, copyright claims, or requests from law enforcement.

10. Contributor’s Liability

• You are solely responsible for the content you contribute to xStock. You agree to indemnify and hold xStock harmless from any claims, damages, or liabilities arising from your content or your use of the platform.

11. Our Liability

• xStock is not liable for any damages, losses, or disputes that may arise from the use of its platform, including any issues related to the licensing or sale of your content.

12. Termination and Deletion of Your Account

• You have the option to terminate your contributor account at any time. xStock may terminate or suspend your account without notice if you violate these Terms of Service or engage in unlawful activities on the platform.

13. Changes to the Terms

• xStock may update these Terms of Service from time to time to reflect changes in its services, industry standards, or legal requirements. Contributors will be notified of any material changes, and continued use of the xStock service following the posting of revised Terms of Service constitutes acceptance of the updated 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

• xStock may choose to feature and promote contributor-submitted photos on its official social media platforms, including but not limited to, Facebook, Instagram, Twitter, and LinkedIn. These features may include showcasing the contributor’s photo, along with appropriate attribution to the contributor.
• By contributing photos to xStock, you grant xStock the non-exclusive right to use your submitted photos for promotional purposes on its social media platforms. This usage is intended to highlight the quality of content available on xStock and to acknowledge the valuable contributions of our contributors.
• xStock will make reasonable efforts to provide appropriate attribution by mentioning the contributor’s username or display name associated with their xStock account, whenever feasible and where platform limitations allow.
• If you have specific preferences regarding the use of your content on xStock’s social media platforms or if you do not wish your content to be featured in this manner, please contact xStock’s support team to discuss your preferences.
• While xStock aims to respect the wishes of contributors regarding the use of their content on social media, it may not always be possible to accommodate individual preferences due to the nature of social media sharing.
• xStock will exercise good judgment and discretion when selecting content for social media features, ensuring that the use of contributor-submitted photos aligns with the platform’s goals and community standards.

17. Indemnification

• Indemnification refers to the legal obligation of a contributor to compensate for losses, damages, or liabilities incurred by xStock or third parties due to actions or content provided by the contributor. This section outlines your responsibilities regarding indemnification:

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

• In the event of any legal proceedings or claims brought against xStock or its affiliates, xStock will promptly notify you of the claim. You agree to cooperate fully in the defense of any such claims, including providing relevant information, documents, and assistance as required.

17.3 Right to Legal Counsel

• xStock reserves the right to engage legal counsel of its choice and assume control over the defense or settlement of any claim, dispute, or legal proceedings for which you are obligated to indemnify xStock. However, xStock will not enter into any settlement that affects your rights or interests without your prior consent, which shall not be unreasonably withheld.

17.4 Limitation of Liability

• Your obligation to indemnify xStock under this section extends to the fullest extent permitted by applicable laws and regulations. xStock shall not be liable for any costs, damages, or losses incurred as a result of any claims or legal actions arising from your contributions or use of the platform.

17.5 Survival

• The obligations of indemnification outlined in this section will survive the termination of your contributor account and the conclusion of your relationship with xStock.