Contributor Terms of Service

Terms of Service
CLIQSTOCK LLP, and, where the context requires, its affiliates ("CLIQSTOCK") operates a global market place for stock media. CLIQSTOCK's customers pay a fee to license content from the CLIQSTOCK website.

The following is intended to convey the general scope of each term, and does not replace the TOS. Your rights and obligations are controlled solely by the TOS.

The following Terms of Service ("TOS") is a legally binding, non-exclusive agreement between you and CLIQSTOCK. Please read the TOS carefully and be sure you understand it fully. The TOS describes and controls your legal relationship with CLIQSTOCK, the rights you are granting to CLIQSTOCK in any photographs, images, vectors, or other media together with any associated keywords, metadata and/or titles submitted by you to CLIQSTOCK (collectively, "Content"), and the uses CLIQSTOCK may make of the Content.

The TOS also includes a binding arbitration agreement that requires arbitration of covered disputes instead of litigation by court or jury trial.
By submitting content to CLIQSTOCK, you agree to all the terms in this agreement.
Which Terms Apply to Me? (/legal/terms/learn_more)
 (https://support.CLIQSTOCK.com/contributor/pkb_sstk_core_contributorkb_home? q=submitter%20terms%20of%20service).

1.    Overview
  1. a)    By submitting any Content to CLIQSTOCK, you grant to CLIQSTOCK a worldwide, sub-licensable, non-exclusive right and license to index, analyze, categorize, archive reproduce, prepare derivative works incorporating, publicly display, sell, advertise and market, any Content uploaded by you and accepted by CLIQSTOCK for any reasonable business purpose, including but not limited to the distribution of your Content to CLIQSTOCK customers, to optimize the performance and operation of CLIQSTOCK’s platform and services, and to develop new features and products. You also give permission to CLIQSTOCK to add, modify or remove information related to your Content in order to manage and license such Content. You are granting CLIQSTOCK the non-exclusive right to license and use your submitted content.
  2. b)    You grant CLIQSTOCK a worldwide, non-exclusive right to use your name, display name and Content in connection with CLIQSTOCK's marketing and promotional activities without the payment of any compensation to you. CLIQSTOCK, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you.
  3. c)    CLIQSTOCK shall have the right, but not the obligation, to license all Content through any of CLIQSTOCK’s brands and platforms to its customers for use in perpetuity in accordance with license agreements entered into by CLIQSTOCK, including but not limited to CLIQSTOCK, LLP Terms of Service License Agreements (collectively, "Licenses").

2.    Ownership of Content
The copyrights in all Content remain with the copyright owner, and nothing in the TOS shall be construed as a transfer of copyright to CLIQSTOCK, subject to the licenses granted to CLIQSTOCK and CLIQSTOCK’s sub-licensees. However, by submitting Content to CLIQSTOCK, you expressly waive any artists' authorship rights or any droit moral that you would otherwise have under the laws of the State of Gujarat Copyright Act or similar laws of any jurisdiction, so that customers may use your Content in accordance with the Licenses issued by CLIQSTOCK.
You always retain ownership in and to your content.

3.    Releases
  1. a)    You agree to provide valid and accurate model releases for all Content you contribute to CLIQSTOCK that, in CLIQSTOCK's judgment, contains an identifiable face or identifiable human figure or other identifiable attribute including, without limitation, appearance, or likeness. You also agree to provide valid and accurate property releases to CLIQSTOCK for all Content that requires such releases, which determination shall be made in CLIQSTOCK's sole discretion. All releases shall be electronically (support@cliqstock.com) delivered to CLIQSTOCK with the Content.
  2. Some content you submit may require model releases and/or property releases    which you are responsible for providing.
  3. b)    You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records.
  4. c)    The submission of falsified, inaccurate or otherwise defective releases is a material breach of the TOS. Releases submitted by you shall not contain any terms inconsistent with the TOS or contain any restrictions not contained in the CLIQSTOCK releases located at the CLIQSTOCK Legal Center (/legal).
  5. d)    You agree that CLIQSTOCK may furnish copies of releases to customers, as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, regulations, and/or union reporting requirements, or any other reason CLIQSTOCK deems reasonable in its sole discretion.

4.    Accounts
  1. a)    You agree to provide true and complete information relating to your CLIQSTOCK contributor account and Content, including but not limited to information relating to the date, location and equipment used in connection with creation of the Content; please make sure that information relating to your CLIQSTOCK account and content is true and complete.
  2. b)    By opening a CLIQSTOCK account, you express your consent to the CLIQSTOCK Privacy Policy, which is incorporated herein by reference and governs CLIQSTOCK's collection, processing, storage and transfer of the Content and data submitted by you, including data relating to you, your account, your Content or other information related to the foregoing ("Personal Data"). You agree that your Personal Data may be collected, processed, stored, and transferred to jurisdictions other than your home jurisdiction.
  3. c)    CLIQSTOCK has the right to refuse to establish an account or to close any existing account, for fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, artificially inflating downloads, submission of material that is obscene in nature, violent or that might be construed as defamatory, failure to comply with CLIQSTOCK's guidelines as may be amended from time to time, for any breach of the terms of this or any other agreement that you have with CLIQSTOCK, or for convenience.
  4. d)    CLIQSTOCK will terminate your account no later than ninety (90) days following its receipt of a written request from you. For the sake of clarity, before the termination of your account is made effective by CLIQSTOCK, your Content will remain available for license by CLIQSTOCK customers. Notwithstanding the foregoing, in the event that CLIQSTOCK materially modifies the TOS and does not provide you with prior notice, you may terminate your account within thirty (30) days of the effective date of such modifications. We may close your account if you are doing something wrong. You can request that we close your account at any time as well, which we will do within 90 days.
  5. e)    Following the removal of any item of Content from CLIQSTOCK, CLIQSTOCK may amend any existing licenses to such Content for a reasonable period thereafter.
  6. f)    If your account is terminated for any reason, you must obtain written authorization from CLIQSTOCK prior to establishing another account. You may not have more than one active contributor account at any time without the written consent of CLIQSTOCK in each instance.
  7. g)    You may not hold more than one CLIQSTOCK account, or share content with another CLIQSTOCK account, without permission.
  8. h)    You may not submit identical Content to more than one account without the prior written consent of CLIQSTOCK.

5.    Content
  1. a)    CLIQSTOCK has the right to refuse to accept or to remove Content from the CLIQSTOCK Websites for any reason. CLIQSTOCK will remove Content if CLIQSTOCK believes that such Content may (in CLIQSTOCK's sole discretion) subject CLIQSTOCK or any of its officers, managers, directors or employees to legal action or if the Content violates the TOS. Notwithstanding the foregoing and subject to CLIQSTOCK's discretion.
  2. b)    CLIQSTOCK shall use reasonable efforts to cause Content removed from or opted out from CLIQSTOCK Websites to be removed from the websites of any CLIQSTOCK affiliates or partners (including co-branded websites) within ninety (90) days of the removal of the subject Content from the CLIQSTOCK Websites.
  3. c)    Licenses issued by CLIQSTOCK for any Content that is later removed from the CLIQSTOCK Websites will remain in full force and effect in perpetuity.
  4. d)    CLIQSTOCK will not knowingly license model-released Content for use in contexts that are pornographic, defamatory or deceptive, or in a manner that could be considered libelous, obscene, or illegal in nature. If your content is removed from CLIQSTOCK, existing licenses for previously downloaded content will remain in effect.
  5. e)    CLIQSTOCK may advertise and/or market your Content on social media platforms including Facebook, Instagram, Tumblr, Twitter, and similar sites and the applications related thereto. Your content may be marketed on social media platforms by CLIQSTOCK.

6.    Content Submission Guidelines

You agree to follow CLIQSTOCK's Contributor Guidelines (https://www.CLIQSTOCK.com/contributorsupport/redirect?l=en&a=000006656), which are deemed incorporated herein and made a part hereof by this reference. The submission of Content that does not adhere to CLIQSTOCK's Contributor Guidelines (https://www.CLIQSTOCK.com/contributorsupport/redirect?l=en&a=000006656) may result in the termination of your CLIQSTOCK account.
Please follow CLIQSTOCK's Contributor Guidelines (https://www.CLIQSTOCK.com/contributorsupport/redirect?l=en&a=000006656) when submitting content to CLIQSTOCK.

7.    Compensation
  1. a)    CLIQSTOCK shall pay you a royalty for each Premium Content purchase for which CLIQSTOCK receives payment. We will purchase Stock & Illustration & Marble images of Standard Content for fixed rate of Indian Rupees 100 / image. If a customer downloads the same item of Content more than once, you will be paid once only. Please note that there may be a reporting delay for customer downloads reflected in your CLIQSTOCK contributor account.
  2. b)    Royalty payments and accompanying statements can be downloaded from your account anytime. Payments are automatic and do not need to be requested.
  3. c)    Once your unpaid amount exceeds Indian Rupees 1000 it will be paid after 72 hour after request submitted to your electronic payment account.
  4. d)    If your account is terminated for a breach of the material terms of the TOS, in addition to its other rights at law or in equity, CLIQSTOCK shall have the right to retain any royalties and/or other compensation otherwise payable to you hereunder as liquidated damages.
  5. e)    You may not use the CLIQSTOCK service as a means of transferring your Content to a single customer or to a small number of customers nor may you download your own Content. Such activity constitutes a material breach of the TOS. If you engage in such activity, CLIQSTOCK may avail itself of all rights it has hereunder, including but not limited to terminating your account and/or retaining any accrued but unpaid royalties.
  6. f)    If CLIQSTOCK makes an overpayment of royalties or other compensation to you for any reason, CLIQSTOCK shall have the right to deduct the amount of such overpayment from your accrued royalties or to demand the immediate repayment of such overpaid royalties or other compensation.
  7. g)    Royalty payments based on a percentage of sales price will be based on the sales price actually received by CLIQSTOCK and calculated after making any necessary deductions for any refunds, cancellations, previous overpayments, and any taxes, levies, imposts, duties, currency exchange costs, or other similar charges that are imposed on the payments received by CLIQSTOCK. If any law, government ruling or any other restriction affects the amount of the payments which CLIQSTOCK's licensee can remit to CLIQSTOCK, CLIQSTOCK may deduct from Contributor's royalties an amount proportionate to the reduction in such licensee's remittances to CLIQSTOCK.
  8. h)    If you receive your payments through an online payment processing service (e.g., bank transfer, paytm) you may not share your online payment processing service account with another CLIQSTOCK contributor. CLIQSTOCK's obligation to make payment to you hereunder shall be fulfilled by making payment to the online payment processing service designated by you.
  9. i)    For clarity, when and where appropriate CLIQSTOCK may assign its rights and obligations regarding Contributor royalties hereunder to related global legal entities, and confirms that the Contributor’s rights to such royalties will not be impaired by any such assignment.
Please do not use your account to download your own content, or to transfer content to customers. Also, you may not share your payment processing account (e.g., PayPal) with another CLIQSTOCK contributor.

8.    Referral Programs
  1. a)    A referral code will be generated for you once you open your account with CLIQSTOCK. If a referrer subscribes for any type of subscription you will get 2% of rate of subscription. This referral code is valid only once for a single user.
  2. You may earn more by referring contributors and customers who identify you as a referral. Please see the Earnings Schedule (/payouts) for more information.
  3. b)    You will not receive a royalty for any renewals or subsequent purchases by the customer you referred.

9.    Taxes
  1. a)    If you are a Registered Supplier under Goods and Service Tax Act 2017, then while creating account you have to submit Original Registration Certificate issued GST Act. Whenever any supply is made from your User Id, Tax invoice is generated by portal itself along with Invoice number which will be binding on you and it will be Tax invoice required to be issued by GST Act and no other invoice to be issued regarding the same supply.
  2. b)    If you are an Unregistered Supplier under Goods and Service Tax Act 2017, whenever any supply is made from your User Id, invoice (Bill of Supply) is generated by portal itself along with Invoice number which will be binding on you and it will be Invoice required to be issued by law and no other invoice to be issued regarding the same supply.
  3. c)    You are subject to provision of Tax Deducted at source under Income tax act, 1961 for that you have to provide valid income tax PAN Card issued by Income tax department to us. Further if you are not Indian citizen or Indian resident you are required to provide tax residency certificate of your receding country and tax treaty between India and of your country (if any) will decide tax of your transactions

10.    CLIQSTOCK Trademarks
  1. d)    For the purposes of the TOS, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by CLIQSTOCK.
  2. e)    Nothing contained herein grants or shall be construed to grant you any rights to use any CLIQSTOCK Trademarks.
  3. f)    You agree that you will not use CLIQSTOCK's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or CLIQSTOCK. Nor will you contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of CLIQSTOCK Trademarks or the Trademark rights claimed by CLIQSTOCK.
  4. g)    You agree that you will not use any CLIQSTOCK Trademarks or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.
  5. h)    You may not at any time, adopt or use, without CLIQSTOCK's prior written consent any word or mark which is similar to or likely to be confused with CLIQSTOCK's Trademarks.
  6. i)    The look and feel of the CLIQSTOCK Websites, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of CLIQSTOCK and may not be copied, imitated or used, in whole or in part, without the prior written consent of CLIQSTOCK.
  7. You may not use CLIQSTOCK's trademarks in any form without permission.
  8. j)    You may not frame or hotlink to the CLIQSTOCK Websites or to any item of Content other than your own without the prior written consent of CLIQSTOCK.
  9. Please do not copy, frame, or hotlink to the CLIQSTOCK websites without permission.
  10. k)    All rights in and to CLIQSTOCK's Trademarks not expressly granted to you hereunder are reserved by CLIQSTOCK.

11.    Copyright Infringement Claims
  1. a)    You hereby grant CLIQSTOCK the right and authority to take such steps as CLIQSTOCK deems commercially reasonable to protect CLIQSTOCK's rights in the Content.
  2. b)    In the event that you believe that a CLIQSTOCK license to your Content is being misused, you shall take no action against a CLIQSTOCK licensee without providing notice of such misuse to CLIQSTOCK and receiving CLIQSTOCK's prior written consent to such action.
  3. c)    If you would like to submit a notification of alleged infringement for Content on the CLIQSTOCK site, please send us a takedown notice pursuant to our Copyright Infringement Policy.
  4. d)    While CLIQSTOCK takes commercially reasonable steps to ensure that the rights of its Contributors are not violated by customers or other parties, CLIQSTOCK has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content.
  5. e)    In the event CLIQSTOCK receives a complaint about your Content, CLIQSTOCK may suspend access to such Content and terminate your account.
  6. f)    If you knowingly or repeatedly submit false copyright infringement claims and takedown notices to CLIQSTOCK, CLIQSTOCK reserves the right to disable or delete your account with no further notice to you.
  7. We respect your rights and may take action to protect your content. If you suspect potential misuse of your content by a CLIQSTOCK customer, please contact us with the details before taking any action directly.

12.    Representations and Warranties
You represent and warrant that:
  1. a)    you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
  2. b)    you are under no legal disability or contractual restriction that prevents you from entering into this agreement;
  3. c)    you are at least 18 years of age;
  4. d)    the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
  5. e)    if the Content consists in whole or in part of design elements, fonts, clipart, vectors, brush tools and the like that are included in design programs (e.g., Photoshop, , Illustrator), the end user license agreement, terms of service or the equivalent license held by you permits you to incorporate such elements in Content created by you, and to license such Content to CLIQSTOCK for the purposes set forth herein.
  6. f)    the Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.
  7. g)    there is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by you hereunder; and
  8. You agree that you are legally able to enter into this agreement and that none of the content you submit will violate any laws or infringe any third party's rights.
  9. h)    you will not transmit unsolicited emails or engage in so-called "spamming" to publicize or promote your relationship with CLIQSTOCK or the sale of your Content - nor will you falsely advertise or deceptively publicize your relationship with CLIQSTOCK in a manner that mischaracterizes or implies sponsorship, endorsement, employment or any other affiliation that exceeds the actual scope of your relationship to CLIQSTOCK, nor will you use CLIQSTOCK's Trademarks through the use of search engine advertising and/or marketing.
You acknowledge that such advertising and/or marketing might infringe on the intellectual property rights of CLIQSTOCK and/or third parties. In addition to its other rights and/or remedies under the TOS, CLIQSTOCK shall be under no obligation to pay you any referral fees or other compensation if you violate the terms of this subparagraph.
You may not publicize your portfolio in a way that falsifies the nature of your relationship with CLIQSTOCK.
CLIQSTOCK represents and warrants that:
  1. a)    It has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder; and
  2. b)    Upon making or learning of any claim that is inconsistent with any of the warranties or representations made by you, CLIQSTOCK may send you written notice of such claim, using the email address provided by you to CLIQSTOCK, specifying the details of the claim as then known to CLIQSTOCK.
  • i.    Pending the determination of such claim, CLIQSTOCK may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by CLIQSTOCK.
  • ii.    You will cooperate fully with CLIQSTOCK in the defense of any such claims. You may participate in the defense of any claim through counsel of your selection at your own expense.

13.    Confidentiality
By submitting any Content to CLIQSTOCK, you acknowledge that you will acquire certain confidential and proprietary information, including but not limited to royalty rates, royalty payments and earnings data (collectively, "Confidential Information"). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.
Please do not disclose confidential information about your CLIQSTOCK account.

14.    Indemnification
  1. a)    You agree to indemnify and hold CLIQSTOCK, its subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the TOS. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.
  2. If a claim arises due to your breach of your representations in this agreement, you agree to cover CLIQSTOCK for its loss.
  3. The party seeking indemnification agrees to notify the other party as soon as possible.
  4. b)    If CLIQSTOCK is the indemnifying party, it shall defend such claims, control litigation, and settle claims in its sole discretion. If a settlement creates a financial obligation for you, it shall require your written consent, which you will not unreasonably withhold or delay. If you are the indemnifying party, CLIQSTOCK shall have the right but not the obligation to assume control of any litigation.
  5. c)    When indemnification is sought due to a legal claim by a third party, the indemnified party shall:

  • i.    Promptly notify the indemnifying party of the claim. If the indemnified party does not notify the indemnifying party, the indemnifying party must still meet its indemnification obligations under the TOS, unless the failure to notify causes material prejudice to the indemnifying party; and
  • ii.    Give the indemnifying party the opportunity to defend the claim with counsel reasonably acceptable to the indemnified party. Counsel that is acceptable to indemnifying party's errors and omissions insurance carrier shall be deemed to be acceptable to indemnified party. The indemnified party agrees to cooperate with the indemnifying party in the defense of any claim, at the indemnified party's expense. If for any reason the indemnifying party does not elect to or fails to defend a claim, the indemnified party may do so at the indemnifying party's sole expense

15.    Arbitration
  1. a)    Any controversy or claim arising out of or relating to this TOS, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the Indian Arbitration and Conciliation Act 1996 Jurisdiction at Ahmedabad Gujarat, in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the Ahmedabad, state of Gujarat, India. The language of the arbitration shall be English. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from Customer’s alleged failure to pay fees due to CLIQSTOCK. This arbitration provision will survive termination of this TOS.
  2. b)    YOU AND CLIQSTOCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and CLIQSTOCK agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and CLIQSTOCK acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this TOS.
  3. c)    If a court decides that applicable law precludes enforcement of any of the limitations in this Part V, Section 7 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
  4. d)    You and CLIQSTOCK agree to resolve any claims through binding individual arbitration and not through litigation.

16.    Electronic Communications Delivery
  1. a)    You agree and consent to receive all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that CLIQSTOCK provides in connection with your Content and your account. Communications include agreements and policies you agree to, updates to these agreements or policies, account statements, tax statements, and any other information relating to your Content and your Account. CLIQSTOCK will provide Communications to you by posting them on the CLIQSTOCK website or by email at the primary email address on file in your CLIQSTOCK Contributor Account.
  2. CLIQSTOCK will send you tax documents electronically.
  3. b)    In order to access and retain electronic Communications, you will need a computer or mobile device with an Internet connection, a Current Version (as defined hereinafter) of a web browser; a Current Version of a program that accurately reads and displays PDF files; a valid email address (your email address on file with CLIQSTOCK in your Contributor Account); and sufficient storage space to save past Communications or an installed printer to print them. We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications. “Current Version” refers to a version of the software that is currently being supported by its publisher. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with CLIQSTOCK’s products and services.
  4. c)    By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
  5. d)    It is your responsibility to keep your primary email address up to date so that CLIQSTOCK can communicate with you electronically. You understand and agree that if CLIQSTOCK sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, CLIQSTOCK will be deemed to have provided the Communication to you. You can update your primary email address or street address at any time by updating the information on file in your "Contributor Account Settings" (/account/settings).

17.    Miscellaneous
  1. a)    The relationship of the parties is that of independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties.
  2. b)    The TOS contains the entire understanding of the parties with respect to the subject matter covered herein and supersede any prior agreements with respect to such subject matter.
  3. c)    The validity, interpretation and enforcement of the TOS, matters arising out of or related to the TOS or its making, performance or breach, and related matters shall be governed by the internal laws of the State of Gujarat (without reference to choice of law doctrine). Subject to the Arbitration Agreement above, any legal action or proceeding concerning the validity, interpretation and enforcement of the TOS, matters arising out of or related to this TOS or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of New York in the County of New York or of the United States of America for the Southern District of New York, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
  4. d)    If any individual term of the TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, or arbitration as applicable, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that the TOS shall otherwise remain in full force and effect. The TOS shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.
  5. e)    CLIQSTOCK will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your Content, either by CLIQSTOCK or any sublicensee thereof, or the termination of your Contributor Account. You expressly consent to all the potential uses of your content contemplated hereby, and have no right to demand any particularized compensation arising from any individual or aggregate usage.
  6. f)    Please note that CLIQSTOCK reserves the right to modify these terms at any time in its sole discretion, it being understood that no changes shall apply to any pending arbitration proceeding commenced or legal claims asserted prior to such change. CLIQSTOCK will notify you of any such change by an announcement on this page, your login page, and/or by other means to provide you the opportunity to review the modifications before they become effective. Modifications to these TOS will not apply retroactively. By continuing to make Content available through CLIQSTOCK, you agree to be bound by all such changes. If you do not agree with any of the changes, please remove from CLIQSTOCK, pursuant to the terms herein, all or that portion of your Content to which you do not wish the changes to apply.
  7. g)    In the event that you breach any of the terms of this or any other agreement with CLIQSTOCK, CLIQSTOCK shall have the right to terminate your account without further notice, in addition to CLIQSTOCK's other rights at law and/or equity.
  8. h)    It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
If these terms change, we will notify you. This agreement will be governed by Gujarat, India law.
By submitting any content to CLIQSTOCK and/or by participating in the forums, you agree to be bound by this TOS, and CLIQSTOCK's Website Terms of Use (http://www.CLIQSTOCK.com/en/terms) and CLIQSTOCK's Privacy Statement (https://www.CLIQSTOCK.com/en/privacy), both of which are deemed incorporated herein by this reference.
Effective as of Monday, May 11, 2021.