Salam Stock Terms and Conditions of Use
Last updated Thursday, November 17, 2011
‘Company’ means Salam Stock LP, a company registered in Houston, Texas, USA and would include any related body corporate or associated with Salam Stock, also referred to as ‘our’, ‘us’, ‘we’;
'Services' are those services offered by the Company to both the users of the Site and registered Members;
‘Members’ are registered users who have an ‘Account’ with the Site for use of Membership Services. Members may register either as ‘Contributors’ who can purchase files from the Content or as ‘Sellers’ who can publish Content on the Site for sale at accepted commission rates. ‘Users’ are all those who utilize the Site in any way. ‘Content’ refers to those media files uploaded by Sellers or Company representatives to be sold on the Site. Examples of Content include, and is not limited to, photos, computer generated images, video, audio, illustration, vector imagery, documents, digital media, etc.
‘Terms and Conditions of Use’ means the terms and conditions that form the agreement between any user of the Site (including Members and non-Members) and the Company, that could be amended at any time, also referred to as ‘TAC’
The website associated with the web addresses www.salamstock.com and www.muslimphotography.com (‘Site’) is owned by Salam Stock LP (‘Company’). Salam Stock welcomes your use of the Site. Any sort of activity on the Site is made available to you only on the condition that you accept these Terms and Conditions of Use (TAC) and Content License Agreement (CLA). By using this Site in any way, you accept and agree to the TAC and CLA, regardless of whether or not you are a registered Member with an Account. Please review the Terms and Conditions and Content License Agreement carefully and often, as they are subject to change at any time without notice.
Description of Site
The Site is a stock media website that provides a service (‘Service’) to artists, photographers, videographers, illustrators, and the like opportunities to sell media content (‘Content’) at certain prices at stipulated commissions rates to be determined solely by the Company. Other services may be provided by the Company and/or the Site at any time.
Use of the Site
By using this Site in any way, you represent that you are legally allowed to utilize such the Site and its Services, and are not a person barred from receiving these services under the laws of the United States or other applicable jurisdiction. You must ensure that your access and use of the Site is not illegal or prohibited by laws which apply to you and that you are of appropriate age to utilize the Site and its Services. You are solely responsible for the legality of your actions under all applicable laws. By using the Site, you agree that the Site may include advertisements and that these advertisements are at times necessary for the Site to provide its services. You are responsible for any computer equipment utilized to access the Site. You understand that the technical processing and transmission of any services on the Site may involve transmissions over networks and changes to conform and adapt to technical requirements of connecting networks or devices.
All services on the Site are provided on an "AS IS" and "AS AVAILABLE" basis. The Company reserves the right to suspend, modify or discontinue the Service and the Site, in its sole discretion, at any time and without notice. You agree the Company is and will not be liable to you for any modification, suspension or discontinuance of its services.
Monitoring and Moderation
The Company and the Site reserves the right to monitor all profiles, messages, discussions, private messages, videos and audio recordings that take place on the Site to ensure that they conform to the requirements of the TAC and all other agreements that you have entered into before using the Site or becoming a Member. While we do not and cannot review every message or other material posted or sent by Members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material that we deem to breach the TAC or to be otherwise unacceptable. The Company reserves for itself the right to remove, delete, take down or suspend any Content on the Site uploaded by any Member should the Company deem it necessary to do so, at any time and under any circumstances.
Limitations of Storage and Use
You agree that the Site or the Company may put into place certain limitations regarding your use of the Site and your Membership Account, including limitation of numbers of downloads, messages, postings, or uploads per a certain amount of time. The Site reserves the right to log-off and/or terminate Accounts that remain inactive for any extended period of time. You agree to the storage of any such download information, content, messages, postings, or uploads on the Site should you partake in any of these activities.
Limitation of Use and Termination
Notwithstanding any of these Site Terms, the Company and the Site reserves the right, without notice and in its own sole discretion, to limit or terminate your Account and/or to block your use of the Site, for both Members and Users. Cause for such limitation or termination may include, but not be limited to a) breaches of this TAC and CLA, b) unforeseen technical or security issues, c) extended periods of inactivity, d) illegal activity, or e) failing to comply or meet the Site’s Quality Standards.
Downloading content off the Site from the stock collection might entail the incurring of a fee, which is to be paid using credits. Credits can be purchased from the Site. For any transactions that require payment, you must provide current, complete and accurate information to enable fees to be charged correctly. Such information must be updated regularly and at the time of every transaction for transactions to be valid. For more information, please see the Membership Agreement located on the Site.
International Use and Export and Import Compliance
The nature of the world wide web is such that all content is potentially global. You agree to adhere to all import and export laws and regulations. You represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data anyone identified on such lists nor will you transfer or upload anything in violation of the U.S. or other pertinent and applicable import and export laws.
Users and Members of the site may download Content from the Site. By downloading Content, you acknowledge and agree that Content is provided "as is" and "as available." Credits that are expended when downloading Content are non-refundable.
By downloading Content, you acknowledge and agree that you will not hold the Company liable for any copyright infringing Content submitted illegally or fraudulently by Contributors to the Collection, and will hold harmless the Company against any fault, charges, damages, costs, claims.
By downloading Content off the site, you agree to use such Content only in ways explained by the license corresponding to such a download (either a Royalty-Free license or an Extended license). Royalty-Free licenses can never be used in for-sale or for-profit applications.
The Company retains all right, title, and interest in the Service and the Site and the corresponding intellectual property rights and reserves all rights not explicitly granted.
Copyright in the Service and the Site is owned or licensed by the Company. You must not by any means adapt, reproduce, distribute, display, publish or create derivative works from any part of the Service or the Site, nor will you commercialize any information, products or services obtained from any part of the Service or the Site without prior written permission and consent of the Company.
Members who are Sellers who have posted and/or uploaded files to the Site are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not share, reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express written consent of the appropriate owner of copyright in such works. The Company does not claim ownership rights or copyright ownership of any file or work that you or any Member of the Site uploads or posts to the Site. You acknowledge and agree that you are the sole copyright owner of any files or works that you upload or post to the Site to be sold as Content. You acknowledge and agree to never distribute or sell in any way, form, or medium any part of the Content or Service, other than your own Content that you have sole ownership rights to, unless it is expressly permitted by the Company or the Site. You agree not to modify or alter any part or aspect of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by the Company or by the TAC.
Copyright Infringement Policy
All Users, before uploading Content to the Site, acknowledge and agree that they have sole copyright ownership of the Content they are uploading prior to uploading or posting any such file to the Site. By virtue of their Membership to the Site and their own choice to upload content, all Members and Users acknowledge and agree to allow and give full rights to the Company to sell the Content of any Member at determined commission rates as stated by the Membership Agreement, and may distribute such Content in whatever form and through whatever medium deemed appropriate by the Company. Per the Digital Millennium Copyright Act ('DMCA') and other applicable laws, the Company has adopted a policy of terminating, in appropriate circumstances and at its own sole discretion, Members who infringe the intellectual property rights of the Company, another user, or any third party. You agree and acknowledge that should you partake in any activities that are regarded as Copyright Infringement, the Company and the Site reserves the right to keep your contact information on file and report it to authorities as deemed necessary by the Company or the Site. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected file, using the contact information on file. The Site reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
When you notify the Company of copyright infringement, you must include the following: a) an explanation and description of the work that you claim has been infringed; b) information on where the claimed infringing material is located on the Site, in clear lucid detail, including the web address and content ID number; c) your address, phone number, and email address where we can reach you; d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; e) a statement by you, made under penalty of perjury, that the notification is correct and that you, the author of the notification, are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf; f) an electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright or other intellectual property interest.
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address on file with the Site, or by written communication sent by first-class mail to a user's address on file with the Site.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the TAC, Membership Agreement, Content License Agreement, or of any representation or warranty contained herein, your unauthorized use of the Site or its Content, or your violation of any rights of another.
You agree to defend, indemnify and hold harmless the Company and its users from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, including copyrights, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.
THIS SITE AND CONTENT OF THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND THE COMPANY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ITS CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT THE COMPANY NOR THE SITE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT, OR YOUR CORRESPONDANCE WITH THE COMPANY. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES, TROJANS, OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
The Company makes reasonable effort to provide Content that is accurate, correct, and reliable, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
The Site offers a search feature within the Site to locate various information and Content. The Company explicitly disclaims any responsibility for the information or availability of information contained in our search index or directory. The Company also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Limitation of Liability
AT NO TIME NOR IN ANY OPPORTUNITY OR EVENT WILL THE COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR SELLERS BE LIABLE FOR ANY DIRECT, INDIRECT, EXCEPTIONAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, OR HARM, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR MESSAGES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, INFORMATION, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE AND TOTAL LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR USE OF THE SITE.
TO THE MAXIMUM EXTENT PERMITTEED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM (i) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (ii) ANY CONTENT OBTAINED FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS, USE OR ALTERACTION OF YOUR TRANSMISSIONS OR CONTENT; AND (IV) VIOLATIONS OF ANOTHER’S INTELLECTUAL PROPERTY RIGHTS BY A THIRD PARTY OR A USER OF THE SERVICES, INCLUDING PATENT, TRADEMARK, TRADE SECRET AND COPYRIGHTS; WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Applicable Law and Venue
This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of Texas, excluding any such laws that might direct the application of another jurisdiction’s laws. The federal or state courts located in the State of Texas shall have jurisdiction to hear any dispute under this Agreement.
The Company shall have the right to assign its rights and/or delegate its obligations based on the TAC, in whole or in part, to any individual, corporate, or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of the Company.
Any dispute relating in any way to your use of the Site or the Content shall be first submitted to confidential arbitration in Houston, Texas, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, The Company may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the TAC, Membership Agreement, or Content License Agreement, whether through class arbitration proceedings or otherwise.
Exposure to Viruses
You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, the Site nor the Company do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Site or any linked website or resource.
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of the TAC, Membership Agreement, or Content License Agreement be construed as a continuing waiver of other breaches of the same or other provisions of the TAC, Membership Agreement, or Content License Agreement. Any waiver of any provision of the TAC, Membership Agreement, or Content License Agreement will be effective only if in writing and signed by the Company.
If any clause in these TAC is found to be unenforceable, wherever possible this will not affect any other clause and each will remain fully valid and in effect. Any rights not expressly granted herein are reserved.
The Site and the Company nor any party mentioned in the TAC shall not be liable in damages or have the right to terminate their agreement to the TAC for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, acts of terrorism, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
The TAC and CLA constitute the entire agreement and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether communicated orally or in writing.
Assignment and Transfer
No user or third-party may assign, directly or indirectly, any or all part of its rights or obligations under the TAC without the prior written consent of the Company.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of the TAC or your use of the Service or the Site.
The Company reserves the right to send electronic mail and messages to users and those who have agreed to be on the list serve regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.
You may not use the Company logo or Site logo without the express written consent of the Company.
The Site may make available certain links to other internet Sites for convenience only. You acknowledge and agree that the Site is neither responsible nor liable for the availability or correctness of such external resources and links of any kind. The Site nor the Company does not endorse nor is liable for any external linked content, advertising, products, stock quotes, analyst reports, or other materials on or available from such Sites. The Company makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, advertisements, or opinions of third-party websites or other third-party information that is identified on the Site. You acknowledge and agree that the Site shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by the use of such content or services available on or through externally linked Sites. The Company recommends that you review the terms and conditions of those Sites before use. Users visit these websites and use the information contained therein at their own risk.
Third Party Communication
The Company and the Site shall have no bearing nor anything to do with any correspondence you may make with a third-party, and you agree not to hold the Company or the Site responsible for any damages or losses incurred as a result of such correspondence or dealings.
The information contained within press releases issued by the Company or the Site should not be deemed accurate or current except as of the date the release was posted. The Company has no intention of updating, and specifically disclaims any duty to update the information in any press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Amendment and Changes of the Terms
We reserve the right to amend the terms outlined in the TAC, Membership Agreement, and Content License Agreement from time to time at our sole discretion. Revisions that are made to any such terms will be effective immediately upon the posting of the revised terms on the Site. The company reserves the right to notify its Members of any changes to such terms (and the effective date of such changes) by sending an email to the address on file provided by you to the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised terms any revision made to the TAC, your sole remedy shall be to discontinue using the Service and terminate your Membership by informing the Company of your desire to do so via electronic mail.