Stock Photos Terms

27.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that:

1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 27.1.2;
2. You can only expect Services in accordance with the terms of this Agreement, and
3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 18.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.

27.1.2 Setup & Delivery

It is your responsibility to ensure that any applied stock photo package or offer application is completed and activated ready for full use. Quoted times for account activation and material delivery are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation or delivery if:

• Payment is not cleared or received in full.
• We believe the order, information or payment is fraudulent.
• You have any funds outstanding with relation to any other account.
• Any information quoted by you does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy.
• There is any other reason which we deem satisfactory.

We may send notification of stock photo package activation or delivery, however:

• Your contact details must be correct and up to date.
• This is not final word that your package is fully active and ready for use, you must ensure the package is fully functional.

You release us of any claim arising from failed package activation and delivery, whether at fault of our system, our staff or any other factor out of our reasonable control.

27.1.3 Service Levels

We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that:

1. We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
2. We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party
3. We may, at our discretion, provide notification of outages whether planned or unplanned.
4. You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.

27.1.4 Third Party Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

27.1.5 Terms/Representations

1. We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
2. This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.

27.2.1 Payment

Payment must be received in full prior to activation or delivery of any content. Specific rights to content usage may be tiered at varying price points and as such additional payment may be required in order to acquire additional usage rights beyond your initial purchase.

27.2.2 Content Usage

All stock photos are protected by international copyright laws and treaties. Crazy Domains own all right, including copyrights to the content. Your rights to use the content are subject to this agreement and are restricted as per the product specifications relating to your purchase. Should you be found to be abusing the restrictions, limitations and specifications of the photos obtained through your engagement with this service, your account could be subject to suspension or termination with no liabilities as per the effects of such actions.

27.2.3 Add-on and free packages

We may present exclusive offers for photos and photo packs either on their own or as an add-on to another of our products and services.

Such offers are as-is and may not be a full representation of a paid photo or package and as such may not include full rights or specifications.

27.3.1 Agreement

You expressly and irrevocably agree that:

1. It is your responsibility to ensure that Services are utilized to their full potential;
2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
4. We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
1. An account credit; or
2. A refund;

Only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.

5. We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website;
6. We may choose, on your request, to downgrade an account, however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
7. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
8. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
9. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
10. Your request for refund will be denied where:
1. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
2. We believe you have breached your agreement with clause 4.1.1(a), (b) and (c) in any way;
3. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
4. We believe the request is fraudulent.
11. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
12. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 18.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

27.3.2 Process of claiming refund

In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 27.2.1 of this Agreement.

Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.