Last updated: January 26, 2021

Please read these terms of use carefully. By accessing or using any IMAGELLY STOCK website or mobile application (or any content, digital product, service or feature available through the website or mobile application, including the integrated viewer) (collectively, the “Site”), you agree to comply with and be bound by the terms described herein and all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in connection with specific content or a specific digital product, service or feature (collectively, the “Site Terms” ). If you do not agree to all of these terms, do not use the Site.
These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with IMAGELLY STOCK, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are 18 years of age or older and can legally agree to these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on behalf of such entity, and that such entity agrees to indemnify IMAGELLY STOCK for violations of these Site Terms.

Privacy Policy

IMAGELLY STOCK is committed to protecting your privacy. Please see our Privacy Policy for information on how we collect, use and disclose personal information.
Services and/or Virtual Goods (PHOTOS, IMAGES)
Our services are available exclusively online through the website. These services may have limited quantities and are subject to cancellation and refund only following our Cancellation and Refund Policy.

We have made every effort to display as accurately as possible the colors and images of the services or virtual goods displayed in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit sales of our virtual goods and/or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any virtual product or service we offer. All virtual product descriptions or virtual product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any digital product and/or service at any time. Any offer for any virtual product and/or service made on this site is void where prohibited.
We do not warrant that the quality of any virtual product, service, information or other digital material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Use of the Site

The Site and the IMAGELLY STOCK Content are intended for customers of IMAGELLY STOCK. You may not use the Site or the IMAGELLY STOCK Content for any purpose unrelated to your business with IMAGELLY STOCK. You are specifically prohibited from: (a) downloading, copying or retransmitting part or all of the Site or the IMAGELLY STOCK Content without, or in violation of, a written license or agreement with IMAGELLY STOCK; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulate or display the Site or IMAGELLY STOCK Content through the use of framing or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe for any part of any IMAGELLY STOCK digital product or service if you are not expressly authorized by such party to do so; (e) reverse engineer, alter or modify any part of the Site or IMAGELLY STOCK Content; (f) circumvent, disable or otherwise interfere with the security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) sell, license, lease or otherwise market the Site or IMAGELLY STOCK Content without specific written authorization from IMAGELLY STOCK; and (h) use the Site or IMAGELLY STOCK Content for any purpose other than its intended use. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation,

Ownership of the Site and its contents

The Site is owned by IMAGELLY STOCK. Unless otherwise noted, all content presented or displayed on the Site, including, without limitation, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“IMAGELLY STOCK” Content”), is the property of IMAGELLY STOCK, its licensors or its third party image partners. All elements of the Site, including the IMAGELLY STOCK Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Your Intellectual Property

As between IMAGELLY STOCK and you, you shall own all intellectual property related to your User Content and any other material created by you, including that of any design, image, animation, video, an audio file, font, logo, illustration, layout, artwork, code, interfaces, text and literary works. IMAGELLY STOCK does not claim ownership of your content. For the sole purpose of providing the service, you acknowledge and agree that we will need to access, upload and/or copy your User Content on our platform, including cloud services and CDNs, to perform viewing configurations, to duplicate them for backup purposes. and perform any other technical actions and/or uses necessary for the provision of your services, as we deem necessary.

Intellectual Property of IMAGELLY STOCK

All right, title and interest in and to the IMAGELLY STOCK, including all copyrighted materials or any other content therein that is or may be subject to intellectual property rights under any applicable law (including art, graphics, images, website templates and widgets, works, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of IMAGELLY STOCK’s methods, products and algorithms, data, features and interactive objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domain names, custom URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered or capable of registration (collectively, “Intellectual Property”), and any derivations thereof, are owned or licensed by IMAGELLY STOCK.

Subject to your full compliance with IMAGELLY STOCK’s Terms of Service and timely payment of all applicable fees, IMAGELLY STOCK grants you, upon creation of your User Account and for as long as you wish IMAGELLY STOCK to offer the Services, a non-exclusive, non-transferable, non-sublicensable, non-sublicensable License, limited and fully revocable license to use the Services and Content licensed to IMAGELLY STOCK for generating and displaying your User Platform to End Users and offering your User Products (as defined below) thereon, only as expressly permitted under the IMAGELLY STOCK Terms, and only within the IMAGELLY STOCK Services.
The IMAGELLY STOCK Terms do not convey any right or interest in the IMAGELLY STOCK Intellectual Property (or any part thereof), except for the limited license set forth above. Nothing in the IMAGELLY STOCK Terms constitutes an assignment or waiver of IMAGELLY STOCK’s intellectual property rights under any law.

Copyright Infringement Policy

Following the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, IMAGELLY STOCK has adopted a policy of terminating, in appropriate circumstances and at IMAGELLY STOCK’s sole discretion, account holders who infringe the intellectual property rights of IMAGELLY STOCK or any third party.

Copyright Complaints

If you believe that any material on the Site infringes any copyright that you own or control, you may submit a notice of such infringement to our Designated Agent as set forth below:
IMAGELLY STOCK
C.P. 11560, Ciudad de Mexico
Phone: +1-800-531-3865
stock@imagelly-stock.com

Trademarks

The IMAGELLY STOCK trademarks, the IMAGELLY STOCK logo and any other product or digital service names or slogans contained on the Site are trademarks of IMAGELLY STOCK and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of IMAGELLY STOCK or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “IMAGELLY STOCK” or any other name, trademark or digital product or service name of IMAGELLY STOCK without our prior written permission. Also, 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 IMAGELLY STOCK and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any product, digital product, service, process or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links

You may not use an IMAGELLY STOCK logo or another proprietary graphic of IMAGELLY STOCK to link to the Site without the express written permission of IMAGELLY STOCK. Also, you may not frame any trademark, logo or other proprietary information of IMAGELLY STOCK, including the IMAGELLY STOCK Content, without the express written consent of IMAGELLY STOCK.

IMAGELLY STOCK makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of IMAGELLY STOCK and IMAGELLY STOCK is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. IMAGELLY STOCK is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by IMAGELLY STOCK of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies,
Your participation, correspondence or business dealings with any third party found on or through the Site, concerning payment and delivery of related goods, digital goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that IMAGELLY STOCK shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Integrated Viewer

Where enabled, you may embed IMAGELLY STOCK Content into a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all IMAGELLY STOCK Content will be available for embedded use and availability may change without notice. IMAGELLY STOCK reserves the right, in its sole discretion, to remove IMAGELLY STOCK Content from the Embedded Viewer. Upon your request, you agree to take immediate action to stop using the Integrated Viewer and/or the IMAGELLY STOCK Content. You may only use embedded IMAGELLY STOCK for editorial purposes (i.e., related to newsworthy events or of public interest). IMAGELLY STOCK Embedded Content may not be used: (a) for any commercial purpose (e.g., in advertising, promotions or marketing) or to suggest endorsement or sponsorship; (b) in violation of any stated restrictions; (c) in a defamatory, pornographic or illegal manner; or (d) outside the context of the embedded viewer.
IMAGELLY STOCK (or third parties acting on its behalf) may collect data related to your use of the Integrated Viewer and the Integrated IMAGELLY STOCK Content, and reserves the right to place advertisements on the Integrated Viewer or monetize your use thereof without any compensation to you.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about yourself as prompted by any registration form on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to IMAGELLY STOCK, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify IMAGELLY STOCK immediately of any unauthorized use of your account or another breach of security; (e) accept full responsibility for all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to IMAGELLY STOCK.

Method of Payment

All payments must be paid in U.S. dollars. You may pay with any credit and/or debit card, Visa or Master Card. This will notify us by email when you have made your payment. Upon notification, within no more than 48 hours your payment will be validated to begin processing your order.

Indemnification

You agree to defend, indemnify and hold harmless IMAGELLY STOCK, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to any User Content you post, store or transmit on or through the Site, your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or any representation or warranty contained herein, your unauthorized use of the IMAGELLY STOCK Content, or your violation of any rights of another person.

Disclaimer of Liability

THE SITE, INCLUDING, WITHOUT LIMITATION, THE EMBEDDED VIEWER AND IMAGELLY STOCK CONTENT, ARE PROVIDED “AS IS” AND IMAGELLY STOCK AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. IMAGELLY STOCK SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SITE OR IMAGELLY STOCK CONTENT, OR THE UNAVAILABILITY THEREOF, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO WARRANTY IS MADE THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU, NOT IMAGELLY STOCK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR IMAGELLY STOCK CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE IMAGELLY STOCK CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. IMAGELLY STOCK uses reasonable efforts to ensure the accuracy, correctness and reliability of the IMAGELLY STOCK Content, but we make no representations or warranties as to the accuracy, correctness or reliability of the IMAGELLY STOCK Content.

IMAGELLY STOCK offers a search function within the Site. IMAGELLY STOCK explicitly disclaims any responsibility for the content or availability of the information contained in our searchable index or directory. IMAGELLY STOCK also disclaims any responsibility for the completeness or accuracy of any directory or search results.

Limitation of Liability

WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO IMAGELLY STOCK’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL IMAGELLY STOCK’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF THE SITE OR RELATED TO THE USE BE ANY COMPENSATION PAID, IF ANY, TO IMAGELLY STOCK FOR ACCESS TO OR USE OF THE SITE.

Governing Law
These terms of service and any separate agreements whereby we provide you services shall be governed by and construed following the laws of Mexico.

Termination
Notwithstanding any of these Site Terms, IMAGELLY STOCK reserves the right, without notice and in its sole discretion, to terminate your account and/or block your use of the Site.

Other Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by IMAGELLY STOCK. If any provision of these Site Terms is determined to be unenforceable, to the extent possible, this will not affect any other provision and they will all remain in full force and effect. All rights not expressly granted herein are reserved.

Changes to the terms of the site
IMAGELLY STOCK reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of those changes. We encourage you to review the Site Terms each time you visit one of our websites.

Online Store Return and Exchange Policy
This Return and Exchange Policy applies to all products purchased through this website: Imagelly Stock

Exchanges will be made only for other products; no refunds will be given under any circumstances.
No exchanges will be made on any product that has any kind of rebate.
Exchanges will be made within 30 days from the date of purchase.
Shipping costs will be borne by the customer requesting the exchange.
Products will be returned in their original packaging to ensure proper protection during shipping. We will not be responsible for any product being damaged or lost during the return process to our company.
No exchanges will be made for products that are not in perfect condition and without a label or with all its accessories.
– The warranty is valid for 6 months and applies exclusively to manufacturing defects. The products will be repaired and if they cannot be repaired, they will be replaced by a new one.
Imagelly Stock will not be responsible for misuse or normal wear and tear of the material.
No exchanges of products coming from department stores, physical branches or branches located abroad.
To request an exchange, please send an email describing your problem and indicating your purchase order number to: stock@imagelly-stock.com