WYNSTOCK TERMS OF USE
1. ACCEPTANCE OF TERMS
By accessing or using the website operated by Lulo Film, Inc., a Florida corporation doing business as Wynstock ("Wynstock") (the "Site"), you agree to comply with and be bound by these Terms of Use ("Terms"). If you do not agree, you are not authorized to use the Site. When you create an account or purchase a license, you must affirmatively accept the applicable Terms of Service and license agreement presented during checkout. Checking the acceptance box and selecting the button that completes the purchase constitutes your electronic signature and agreement to be legally bound; no handwritten signature is required. Wynstock reserves the right to modify these Terms at any time, and modifications are effective upon posting unless a later date is stated.
2. USE OF SITE
The Site provides access to a diverse collection of stock photos and videos ("Content"). Users may browse, purchase licenses, and download Content in accordance with the terms of the applicable license agreement. Content may be designated on the Site as "Commercial Content" or "Editorial Content." You agree to use the Site and Content lawfully and in accordance with these Terms, the applicable license agreement, and any labels, captions, restrictions, or other information displayed with the Content.
2.1 Commercial Content
Content designated for commercial use may be used only as permitted by the applicable license agreement. The availability of Content for commercial licensing does not expand the rights granted under that agreement or eliminate any stated restrictions.
2.2 Editorial Content
Content identified as "Editorial Use Only," "Editorial Content," or by a similar designation may contain recognizable people, storefronts, trademarks, trade dress, artwork, buildings, products, events, or other protected elements for which model, property, trademark, or other releases may not have been obtained. Editorial Content may be used only in truthful, newsworthy, documentary, cultural, educational, or public-interest contexts, subject to the applicable license agreement.
2.3 Content Designations Control
The designation and restrictions shown on the Content detail page at the time of licensing form part of the applicable license. You are responsible for reviewing them before downloading or using the Content. If Content is designated for editorial use only, you may not rely on its appearance elsewhere on the Site or in search results as authorization for commercial use.
3. REGISTRATION AND ACCOUNT SECURITY
To access certain features of the Site, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password.
4. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise identified on the Site, Wynstock owns or controls the copyright in the photos and videos offered as Content, including Content designated for editorial use. An editorial designation does not mean that Wynstock lacks copyright in the photo or video; it means that the Content may depict recognizable people, businesses, trademarks, artwork, buildings, private property, events, or other elements for which separate third-party permissions or releases may not have been obtained. Wynstock and its licensors retain all right, title, and interest in and to the Content and the Site. Your purchase of a license does not transfer ownership of the Content. Except where Wynstock expressly states otherwise in writing, a license does not grant rights in any person's name, likeness, voice, persona, privacy, or publicity rights, or in any trademark, trade dress, logo, artwork, architecture, private property, or other third-party right depicted in the Content.
5. TRADEMARKS AND BRAND USE
5.1 Ownership of Trademarks
The Wynstock name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wynstock or its affiliates or licensors (collectively, the “Wynstock Trademarks”). You must not use the Wynstock Trademarks without the prior written permission of Wynstock.
5.2 Restrictions on Use
You are not permitted to use the Wynstock Trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wynstock. Any use of the Wynstock Trademarks must be in accordance with any brand guidelines that Wynstock may provide to you from time to time.
5.3 Misuse of Trademarks
Unauthorized use of the Wynstock Trademarks, or use of trademarks that are confusingly similar to the Wynstock Trademarks, could cause damage to Wynstock, its reputation, and its brand. You agree to cease any unauthorized use of the Wynstock Trademarks immediately upon notice from Wynstock. Additionally, you agree not to register, or attempt to register, any trademarks, domain names, social media account names, or other identifiers that are confusingly similar to the Wynstock Trademarks.
5.4 Reporting Misuse
If you become aware of any use of the Wynstock Trademarks that violates these Terms or any third-party infringement of the Wynstock Trademarks, please report it to info@wynstock.com.
6. LICENSES AND RESTRICTIONS
Wynstock currently offers Standard, Enhanced, and Editorial licenses. The following is a summary of the principal permissions and restrictions. Before completing a purchase, you will be presented with or given access to the applicable license agreement and must affirmatively accept it. The Content designation, order confirmation, and applicable license agreement control your use. If any conflict exists between this summary and the applicable license agreement, the license agreement controls.
6.1 Standard License
Subject to the applicable license agreement, a Standard license permits you to:
- Reproduce up to 100,000 copies of the asset in all media, including product packaging, printed marketing materials, digital documents, or software.
- Include the asset in email marketing, mobile advertising, or a broadcast or digital program when the expected audience is fewer than 100,000 viewers.
- Post the asset on a website or social media platform without a limit on views.
- Include the asset within certain products, such as inside a textbook, when the asset is not the primary value of the product and the product is reproduced no more than 100,000 times.
- Share the unmodified asset with your employees and contractors who are contractually required to comply with the applicable license terms.
- Transfer the license to one client or employer, subject to the applicable license agreement.
A Standard license does not permit you to:
- Distribute, sublicense, sell, share, or otherwise make the stand-alone asset file available, except to authorized employees and contractors as stated above.
- Create merchandise, templates, or other products for resale or distribution when the asset itself provides the primary value of the product, including posters, T-shirts, or coffee mugs purchased principally because of the asset.
- Transfer the license to more than one client or employer without obtaining a separate license for each client or employer.
6.2 Enhanced License
An Enhanced license includes all rights granted under the Standard license and permits reproduction or audience reach beyond the Standard license's 100,000-copy or viewer limit, subject to the applicable license agreement. Unless the applicable license agreement expressly states otherwise, an Enhanced license does not permit you to:
- Distribute, sublicense, sell, share, or otherwise make the stand-alone asset file available, except as expressly permitted under the applicable license agreement.
- Create merchandise, templates, or other products for resale or distribution when the asset itself provides the primary value of the product, including posters, T-shirts, or coffee mugs purchased principally because of the asset.
6.3 Editorial License
Content identified as "Editorial Use Only," "Editorial Content," or by a similar designation is available only under an Editorial license. Editorial Content may be used solely in truthful, newsworthy, documentary, cultural, educational, or public-interest contexts permitted by the applicable license agreement. Unless Wynstock gives prior written authorization and all necessary third-party rights and releases have been obtained, Editorial Content may not be used for advertising, marketing, promotion, sponsorship, merchandising, packaging, product placement, branding, fundraising, or any other commercial purpose.
6.4 Editorial Context and No Endorsement
Editorial Content must be used in an accurate, non-misleading context consistent with its caption and the event or subject depicted. It may not be used in a defamatory, deceptive, pornographic, unlawful, or otherwise harmful manner, or in a way that states or implies that any depicted person, business, brand, property owner, organization, or event endorses, sponsors, is affiliated with, or approves a product, service, organization, viewpoint, or campaign. You must include any required credit line and may not remove or alter embedded rights-management information.
6.5 Content Designations and Additional Permissions
The designation and restrictions shown on the Content detail page at the time of licensing form part of the applicable license. You are solely responsible for determining whether your intended use requires additional permissions, releases, consents, clearances, or legal review and for obtaining them before use. Purchasing a Standard or Enhanced license does not authorize commercial use of Editorial Content or convert Editorial Content into Commercial Content. If you are uncertain whether a proposed use is editorial or commercial, you must contact Wynstock before using the Content.
6.6 Electronic Acceptance and Order Records
By checking the acceptance box and selecting the button that completes your purchase, you confirm that you reviewed and agree to the Terms of Service and the applicable license agreement, that you have authority to bind the purchaser and any identified client or employer, and that your electronic acceptance and the associated order record constitute evidence of assent. Wynstock may retain the date, time, account or email, order number, selected Content, license type, and version of the applicable terms as part of the transaction and proof-of-license record.
7. FEES AND PAYMENTS
You agree to pay all fees and charges associated with your purchase of licenses through the Site. All sales are final, and Wynstock does not offer refunds or exchanges, except as may be required by applicable law.
8. DISCLAIMER OF WARRANTIES
The Site and Content are provided "as is" without warranty of any kind, either express or implied. Wynstock does not guarantee the accuracy, completeness, or usefulness of any Content and disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Unless expressly stated on the applicable Content detail page or in the applicable license agreement, Wynstock does not represent or warrant that any model release, property release, trademark permission, event credential, or other third-party authorization has been obtained.
9. LIMITATION OF LIABILITY
Wynstock shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site or Content, whether based on warranty, contract, tort (including negligence), or any other legal theory.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Wynstock, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Content, your violation of these Terms or an applicable license agreement, your use of Editorial Content for a prohibited commercial purpose or in a misleading context, or your failure to obtain permissions or clearances required for your use.
11. GOVERNING LAW
These Terms and your use of the Site shall be governed by the laws of the state of Florida, without regard to its conflict of laws principles.
12. MISCELLANEOUS
These Terms constitute the entire agreement between you and Wynstock regarding your use of the Site and supersede any prior agreements between you and Wynstock relating to your use of the Site.
