Terms and Conditions

Thank you for visiting the LightRocket.com website.

Following are the general Terms and Conditions governing the use of the LightRocket.com website and/or LightRocket’s contributors’ personal sites (“Site” or “Sites”).

They constitute a binding legal agreement, so please read them carefully. By using the LightRocket.com and/or contributor Sites you are agreeing to be bound by the terms and conditions set out below.

If you do not agree to these terms and conditions, and do not wish to be bound by this agreement, do not use the Sites and/or any of their related online services.

You, as a user of the Sites ("you" or "User") agree that these Terms and Conditions of Use govern your use of the Sites and any services ("Services") provided through the Sites. You may use the Sites and the Services provided through it only as expressly permitted herein and for no other purpose. You accept that your use of the Sites is at your own risk.

Ownership

This website, LightRocket.com and the contributor websites associated with LightRocket.com are owned and operated by LightRocket Pte Ltd (the "Owner").

All of the content (the "Content"), meaning text, graphics, photographic images, moving images or sound visible on the Sites, is owned either by LightRocket Pte Ltd, its licensors or the Registered Contributors (the "Registered Contributors" or "Contributors") who own the copyright to the Content submitted for viewing, download or licensing via the Sites.

Purpose

The purpose of the Sites is to provide access to information and to a range of Services for a wide range of users (the "Users") such Services include but are not limited to the upload, download, management, promotion, storage ("Storage"), licensing and distribution of digital media and files including, but not limited to, photographs, videos, illustrations and audio files.

Such Services are available to Registered Contributors who may register for a LaunchPad account (a "LaunchPad") or a Subscription account (a "Subscription Account") and purchase Storage; fees for which are charged on a yearly basis and are non-refundable.

Registered Contributors

The terms and conditions set forth in this Section apply only to Users that are Registered Contributors.

Fees and Payments

As a Registered Contributor with a LaunchPad account you understand that there are no fees for the Services provided on the Site. You may only register ONE LaunchPad account.

As a Registered Contributor using a Subscription Account, you understand that fees for Services provided on the Site, including but not limited to Subscription Accounts and Storage Allocation, are not refundable.

Registered Contributors with a Subscription Account agree to be billed in advance for 12 months (twelve months). You also agree that renewal of current Subscription Accounts and Storage Allocation fees will be automatic and that subsequent payments may be automatically deducted from your credit card until such time as you either terminate your Subscription Account or cancel payments thereof. Registered Contributors will receive an email three days prior to any renewal due date with a reminder that their subscription is about to be automatically renewed.

You may terminate (cancel automated subscription renewal of) your Subscription Account at any time using the relevant tools provided for this purpose on the LightRocket.com site (login and go to the My Account /Subscription menu option). Termination will take effect after the end of your current subscription. Notwithstanding any attempt to terminate an account, Registered Contributors will remain liable for the payment of any outstanding fees for Services received prior to termination.

The Owner hereby reserves the right to adjust fees and charges for Services provided to Registered Contributors via its website www.lightrocket.com. The Owner also reserves the right to alter the basis for determining its fees and to apply new fees at its sole discretion, which will become effective after prior notice to Registered Contributors.

If there is a problem with payment and a payment cannot be processed or is returned for any reason, including insufficient funds, the Owner reserves the right to immediately suspend and/or terminate the Registered Contributor's Subscription Account and access to the Services, thereby terminating this Agreement and all obligations of the Owner hereunder. In such event, the Owner will have no obligation to return any image, file, data or other information previously provided by the Registered Contributor to the Site.

In cases where the Registered Contributor licenses his/her work to a third party Licensee, the Registered Contributor recognizes that the Owner bears no responsibility for ensuring or facilitating the payment of fees for media or Content of any kind licensed from its system. Invoicing, follow up and the collection of payments of agreed license fees from Licensees is the sole responsibility of the Registered Contributor.

LightRocket's Refund Policy

Non-paying membership - LaunchPad Accounts on LightRocket

We want you to be sure the LightRocket service is right for you.

Before subscribing to one of our paid Subscription Accounts, we recommend you try our service out. LightRocket offers LaunchPad accounts which include the benefits and services outlined on our pricing page. LightRocket's LaunchPad accounts entail NO OBLIGATION OR COMMITMENT of any kind in terms of payments. Only if you decide to upgrade your LaunchPad account to a paid Subscription Account will you be asked to provide credit card details to pay for and to enable your paid subscription.

General Refund Policy

Since LightRocket offers LaunchPad which allow members to try out its service without charge or obligation it is not normally our policy to offer refunds on paid subscriptions.

Subscribers are free to cancel automatic renewal of their paid subscription at any time.

Downgrading

We do not offer the option to downgrade from a paid subscription to a LaunchPad account. LaunchPad accounts are aimed at users who wish to try out our service prior to taking up a paid subscription.

Additional Storage

We do not offer refunds on additional storage purchases.

Once you have passed your existing storage limit (you will be warned when you are uploading files to your account that take you or have taken you over the storage limit) we will allow you a grace period of 48 hours to delete excess files.

Once these 48 hours have passed, and if you remain over your existing storage limit, you will be charged for additional storage at the rates advertised on our pricing page. Additional storage is charged in 250GB increments.

Any additional annual storage fees will be charged to your account immediately after the 48 hour grace period and annually thereafter for as long as you are using the additional storage increment(s) above the default storage allocation.

Reducing Additional Storage

If you already have additional storage and wish to reduce the amount of storage you are paying for, you can do so by deleting files and reducing the amount of storage associated with your account.

Thus, if you are using more than the default storage allowance for your subscription (e.g. 250GB for Power accounts), and have already paid for an additional 250GB storage increment but wish to reduce your storage fees to below the default amount of storage included in your subscription fee, you may do so at any time.

In the above example having reduced your storage to below the default storage quota, you will not be charged for the one additional storage increment on its due date provided the storage reduction is sufficient and has occurred 48 hours prior to the due date.

If you encounter a problem with our service or wish to make a complaint/enquiry please feel free to contact us at info@lightrocket.com.

Content

Content shall be defined as any digital data or files in whatever format, either presently known or that may be developed in the future, uploaded to, distributed or made available through the Sites.

As a Registered Contributor you understand and accept that the Owner cannot guarantee confidentiality with respect to Content you may upload and make available online via the Sites. You hereby warrant you have the right to upload the Content and that such content does not infringe any intellectual property rights, third party rights or privacy rights. Please read our Privacy Policy for details of our policy in this regard.

The Sites serve as a repository and distribution channel for digital data and files and while the Owner will exercise best efforts to ensure that no illegal, obscene, defamatory, abusive, pornographic or inappropriate material is either displayed or distributed on the Sites, the Owner also accepts no formal obligation to screen or monitor the digital data and files being uploaded, displayed or distributed on its Sites. Owner also accepts no responsibility of any kind for the Content uploaded, displayed and distributed by a Registered Contributor.

In the event the Owner becomes aware or has reason to believe that Content uploaded by a Registered Contributor violates any of the Terms and Conditions described herein or any terms and legal conditions posted elsewhere on the LightRocket.com Site, the Owner reserves the right to take any of the following actions at its sole discretion.

1. Remove and/or delete any Content the Owner considers to be in violation or non-conformity with the Terms and Conditions herein, with any of the legal terms and policies described on the LightRocket Site or with respect to applicable laws.

2. Suspend and/or terminate your status as a Registered Contributor and/or

3. Pursue any other remedy or relief available to the Owner under equity or applicable law.

In the event that the Owner takes any of the actions described above, Registered Contributor agrees to waive his/her rights to receive any refund of fees or payments relating to the Content in question. Furthermore the Owner will have no obligation to return such Content or provide the Registered Contributor with a copy of it.

YOU HEREBY CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST THE OWNER FOR SUCH REMOVAL AND/OR DELETION.

If you believe that content residing on the Sites infringes a copyright, please see our Copyright Policy.

Indemnification

The Registered Contributor hereby indemnifies and holds harmless the Owner from and against any claims relating to the value or perceived value of Content, including but not limited to digital media, data, images, files or other information stored on the Sites, or on any hardware/systems belonging to the Owner, its affiliates, its third party suppliers or its subsidiaries, that may be deleted as a result of a default on payment for LightRocket.com's Services.

The Registered Contributor recognizes that any Content uploaded to the Sites is uploaded entirely at the Registered Contributor's own risk. The Registered Contributor hereby indemnifies and holds harmless the Owner from and against any claims relating to the loss or deletion, accidental or otherwise, of any Content, including but not limited to digital media, data, images, files or other information. The Registered Contributor accepts and understands that no compensation of any kind will be offered under any circumstances for lost or deleted Content for whatever reason and regardless of the actual or perceived value of such Content.

The Owner will endeavour to ensure that all data stored on the Sites or on servers controlled by the Owner will always be available via the Sites. In the event that Content, including but not limited to digital media, data, images, files and other information, should become temporarily inaccessible on the Sites, the Registered Contributor also indemnifies and holds harmless the Owner from and against any losses, actual or perceived, that may arise out of such Content becoming temporary inaccessible.

In sum, the Registered Contributor is solely responsible for the Content associated with his/her Subscription Account or LaunchPad Account and indemnifies and holds harmless the Owner from and against all claims that may arise from losses relating to the Registered Contributor's Content.

Storage

While the Site's online storage service has been configured to provide extremely high levels of reliability via reputable third party service providers, the Registered Contributor accepts and understands that there are certain risks associated with online storage and hereby indemnifies and holds harmless the Owner and its third party service providers from and against any losses that may arise from a failure, fault, defect or breakdown of its advertised Storage Allocation service. It is the responsibility of the Registered Contributor to ensure that all your Content is properly backed up.

As a Registered Contributor with a current Subscription Account you may purchase specific amounts of storage (the "Storage Allocation") on the LightRocket.com site. You hereby understand and accept that the Storage Allocations advertised on the LightRocket.com site reflect reasonable value for the fees charged. Furthermore you understand and accept that fees charged for Storage Allocation may be altered or adjusted at the sole discretion of the Owner after prior notice to all Registered Contributors. As a Registered Contributor with a current Subscription Account you may purchase specific amounts of storage (the "Storage Allocation") on the LightRocket.com site. You hereby understand and accept that the Storage Allocations advertised on the LightRocket.com site reflect reasonable value for the fees charged. Furthermore you understand and accept that fees charged for Storage Allocation may be altered or adjusted at the sole discretion of the Owner after prior notice to all Registered Contributors.

Marketing and Advertising

As a Registered Contributor, you will be entitled to upload, post, distribute or disseminate (collectively, "post") Content on the LightRocket.com site, subject to the status of your LaunchPad account or Subscription Account and your Storage Allocation.

You hereby grant and agree to grant the Owner a license to use Content that has been published on the LightRocket site solely for the purpose of promoting and marketing the LightRocket service. Such rights granted shall be considered henceforth fully paid for and valid for use worldwide. The rights granted by the Registered Contributor to the Owner herein shall also be non-exclusive and Royalty Free in nature and shall include permission to modify, display, perform, distribute and create derivative work provided such usage is solely for the promotion of the LightRocket.com service.

Furthermore, you hereby represent and warrant that you have all rights necessary to grant the Owner the license rights set forth above.

LightRocket hereby reserves the right to display advertising on web pages accessible to members with LaunchPad accounts.

Appropriate Material

As a Registered Contributor you understand that the Owner will endeavour to ensure that all Content neither contains, nor portrays, nor represents content that is illegal, inappropriate, abusive or offensive.

You also understand and accept that all Content may be screened for obscenity and that any material in any format deemed to be illegal (libelous, defamatory, fraudulent, invasive of privacy or publicity rights etc), obscene, pornographic, abusive, threatening, inflammatory or inappropriate in any way may be removed from the Sites at the sole discretion of the Owner and without prior warning to the Registered Contributor.

You also represent and warrant that the Posted Content does not (i) include any virus, worm, Trojan horse or other harmful, malicious or disabling code or device that may intentionally or unintentionally cause damage or allow unauthorized access to the Sites ("Malware"), (ii) violate, infringe, misappropriate or otherwise interfere with any Third Party Rights.

You hereby agree to indemnify and hold harmless the Indemnitees from and against any Claim or Loss incurred by any of them in connection with your violation of any of the foregoing (i) – (ii).

Metadata

As a Registered Contributor it is your responsibility to take reasonable measures to ensure that the metadata associated with your Content, including but not limited to captions, keywords, dates, copyright and location information, are true and accurate.

The Owner makes no representations or warranties as to the accuracy or truth of any information provided on the Sites and cannot be held liable or responsible for any errors, inaccuracies or omissions in the captions and information displayed on the Sites.

Licensees

The terms and conditions set forth in this Section apply only to registered users that license content from the LightRocket or Contributor Sites (“Licensee or Licensees”).

As a Licensee you hereby accept and understand that any transaction you engage in regarding any Content made available through the Sites is solely between you the Licensee and the Registered Contributor who made such Content available through their personal LaunchPad Account or Subscription Account.

Furthermore you accept that THE OWNER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OWNERSHIP OR NON-INFRINGEMENT.

You hereby agree to indemnify and hold harmless the owner, its affiliates and each of their respective employees, contractors, officers, directors, suppliers, vendors, partners, Users, customers and agents (collectively, "Indemnitees") from and against any allegation, claim, demand, suit, action or other proceeding (collectively, "Claims") and any corresponding liability, cost, settlement amount, expense (including attorney's fees) or other loss (collectively, "Losses") incurred by any of the Indemnitees with respect to any claim that your use of any Content violates, infringes, misappropriates or otherwise interferes with any patent, copyright, trademark, trade secret, right of privacy or publicity, or any other intellectual property, proprietary or any other right of any person or entity (collectively, "Third Party Rights"). You represent and warrant that you will restrict your use of the Content according to the terms and conditions of the license agreement agreed upon between yourself and the Registered Contributor.

Registration

The registration process will include, but may not be limited to, the following:

(i) Registered Contributors will be required to enter Registration Information, namely first name, last name and a valid email address, into the corresponding registration fields provided by the Sites. You must not use somebody else's name or a name that violates any third party right or a name that is obscene or otherwise objectionable. LightRocket reserves the right to delete your account and all of your files if you do not use your real name or your real and working email address.

(ii) Registered Contributors will be allocated a "Free" Account which can be subsequently upgraded to a paid Subscription Account as per the details provided on the pricing page of the LightRocket site. Portfolio and Power Subscription accounts include certain additional features designed with professional or semi-professional contributors in mind.

(iii) As a Registered Contributor with a Subscription (paying membership) Account you agree to allow the Owner to charge your credit card applicable fees (including applicable taxes) for the services associated with your paying Subscription account and for any additional Services, including but not limited to Storage Allocation, incurred on your account.

(iv) As a Registered Contributor with a Subscription (paying membership) Account you agree to be automatically re-billed annually.

(v) As a Registered Contributor you hereby accept and understand that you may opt-in to receive LightRocket's occasional newsletters. However the Owner reserves the right to send email alerts about essential service announcements and updates.

You hereby represent and warrant that all of your Registration Information is true and complete, and that you will update your Registration Information on the Site regularly to keep it true and complete.

Termination

As a Registered Contributor you may terminate your Subscription Account on the Site at any time using the tools provided in the relevant section in your Account Settings. (Login and go to the Account Settings/Subscription menu option and you can click on Cancel Renewal).

All users should contact info@lightrocket.com should they wish to have their accounts and all related data, including but not limited to personal data and uploaded files, deleted.

The Owner may at its sole discretion terminate any LaunchPad Account or Subscription Account and any related Services, which termination shall be effective immediately.

If you violate any of the Terms and Conditions described herein or any of the legal conditions outlined, the Owner in its sole discretion may either require you to remedy any violation thereof and/or take any other actions it deems appropriate to enforce its rights and pursue available remedies.

You hereby accept and understand that all fees for Subscription Accounts of any kind or fees for Storage Allocations or Services of any kind provided by or via the Sites are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription Account, for any reason, you will not receive a refund for any fees or other amounts previously charged to you, or for any unused portion of any Subscription Account or Storage Allocation fee.

You may change your email and/or password by logging in and using the Account Settings/Login details menu option.

You can change or update your credit card/billing information for your account by logging in and going to the Account Settings/Subscription menu option. If the credit card associated with your paying membership account becomes invalid for whatever reason and cannot be billed for the renewal of your Subscription Fee, you hereby accept and understand that the Owner may terminate your account for nonpayment. In such an event, your Content will either be deleted or become inaccessible after prior notice. It is your responsibility to ensure all of your Content on the Site is backed up.

If your account details on LightRocket.com does not have a current, valid email address (your username to access the Sites), you may not receive important notices from us regarding your account, which may include notices regarding termination. If your account is terminated and the Owner cannot reach you due to an invalid email address or for any other reason, then the Owner will endeavor to retain your Content for at least 30 days after termination. However, the Owner cannot guarantee your Content will be retained after termination or that you will actually receive notice of such termination, so you should ensure your Content is backed up.

Account security

As a Registered Contributor account holder on the Sites, regardless of its status or nature, you hereby accept and understand that you are solely responsible for ensuring the confidentiality of the password associated with your account and for ensuring the security of your computer and access while you are logged into the Sites.

While the Owner will endeavour to ensure the highest levels of security for your account, we cannot guarantee the security measures in place will prevent third party "hackers" from illegally accessing the Sites, Contributor Account and/or its Content.

You hereby accept the risks of a security breach and agree to indemnify and hold harmless the Owner from and against any claims arising from any loss or damage, perceived or otherwise, occurring as a result of a breach of security. You also agree to immediately notify the Owner of any unauthorized use of or access to your account or password.

Copyright protection

The entirety of the Sites, including all of their content, meaning (but not limited to) text, graphics, photographic images, moving images or sound, featured and displayed on the Sites are protected by copyright, trademark, trade dress and other international laws relating to intellectual property.

Authorised use of content prior to purchasing a license

The authorized use of any downloadable Content from the Sites prior to purchasing a license agreement from the Registered Contributor who owns such Content includes the ability to download onto your computer's hard drive low-resolution, watermarked (in the case of image files) previews of the Content for use in comprehensive layouts or for review. It also includes the ability to share download Content vie email, social media or other online messaging systems.

Such use of downloadable Content prior to purchasing a license agreement does not extend to the publication, for whatever purpose, regardless of the context or media used for publication, nor does it allow for the redistribution, modification, display, re-licensing or sub-licensing of such material in any form or under any circumstances.

Authorised use of content after purchasing a license

You hereby agree to be bound by the terms of the License agreement(s) agreed between you and the Registered Contributor and owner of the rights to the Content being licensed. Furthermore, you agree to be responsible for ensuring that your use of licensed Content conforms to the terms of your agreement with the Registered Contributor and owner of the rights to the Content in question.

Unauthorised use of content

Unauthorized use of Content is that which is outside the use(s) defined and permitted by terms of the License Agreement between You and the owner of the Content and as laid out herein. You hereby undertake not to use Content beyond the terms of the license agreement granted to you and accept that any such use will be deemed as unauthorized.

The following uses for all Content displayed on and available for licensing through this Site are prohibited:

i.) Content used without proper payment as per the terms of the corresponding license agreement.

ii.) The use of preview Content in any finalized or completed materials that are distributed internally or made available to the public.

iii.) The use of Content that has had any copyright, watermark or proprietary information and identifiers removed from the caption or the image itself.

iv) The use of a part(s) of an image within another image/graphic without express consent from the Content owner and/or Registered Contributor.

v.) The use of Content in a context that is or could be construed as being pornographic, obscene or defamatory.

vi.) The use of Content that violates a depicted individual’s right of privacy or publicity.

vii.) The use of Content that violates the right of privacy or publicity of the owner of a depicted structure, place or building.

viii.) The use of Content that infringes the trade name, trademark or service mark of a commercial entity.

ix.) Archiving, redistribution/transmission, sublicensing, re-licensing, rental or leasing of any of the Content available on or through this website beyond the terms of this agreement and/or without prior permission from the Content owner.

General indemnity

You hereby agree to indemnify the Owner, its subsidiaries, affiliates, licensors and the authors of any material displayed on the Sites against any losses, expenses, costs (including reasonable legal fees and expenses) or damages arising from the use of any file (either authorized or unauthorized) licensed (or not) from the Sites or from any breach of this agreement.

Disclaimers

Quality of Content and Services

All of the Services and Content available on the Sites are provided for use as is. The Owner makes no representation or warranty, either express or implied, including, but without being limited to, any implied warranties of merchantability, satisfactory quality, compatibility (with either hardware or software) or fitness for a particular purpose.

Furthermore, the Owner makes no representation or warranty that the functioning of its Sites will be completely without defects, errors or interruptions.

Neither the Owner nor its Directors, employees, licensors, contributors, affiliates or other representatives will be liable for any damages of any kind arising from your use, or inability to use, the Sites and/or Services including, but without being limited to, lost profits, direct, indirect, incidental, compensatory, exemplary, special, punitive and consequential damages.

Ability to accept terms of service

You hereby affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Condition. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

Privacy

LightRocket Pte Ltd has defined a specific policy where issues relating to privacy are concerned. This policy is laid out in our Privacy Policy which can be accessed through a link on the home page of this website. By agreeing to the terms and conditions laid out here you are also agreeing to LightRocket Pte Ltd's stated Privacy Policy.

Links

There may be links from the Sites to other websites. These websites are neither owned by nor controlled by the Owner. As such, the Owner cannot be held responsible for any loss or damages arising out of your use of these websites. You hereby waive all claims against the Owner relating to the use of any website(s) to which we may have links on our Sites.

Governing Jurisdiction

You accept that the terms and conditions laid out in this agreement shall be interpreted, construed and governed by the laws of the Republic of Singapore, whose courts are recognized as being the courts of exclusive jurisdiction for the purpose of this agreement.

The terms of this agreement shall not, however, be governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods or any other similar convention or laws.

The users of this website also agree that any dispute arising from the use of this website or from any materials derived thereof shall be settled by binding arbitration.

Changes, waivers and severability

The Owner reserves the right to change or amend the Terms and Conditions laid out herein. Similarly no actions by LightRocket Pte Ltd, except a written waiver or amendment, can be considered as a waiver or amendment of any item contained within this agreement or that of our Privacy Policy. If any clause of this agreement should be found to be unenforceable, wherever possible this will not render ineffective any other clauses or terms contained in this agreement or that of our Privacy Policy.

The above Terms and Conditions set out the entire agreement between you and LightRocket Pte Ltd regarding the use of the Sites. You hereby warrant that you have the authority to enter into this binding agreement either as an individual or on behalf of a company.

Notices

You hereby consent to receive communications from the Owner where you have specifically opted to receive such communications, including but not limited to email alerts and occasional newsletters, using the opt-in features provided on the Sites.

LightRocket reserves the right, however, to send email alerts, and communications via other media as may be appropriate, about essential service announcements and updates.

You may send notices of a legal nature by email to info@lightrocket.com.

Modification

This Agreement may not be modified except by a revised Terms and Conditions posted to the LightRocket.com site by the Owner or a written amendment signed by an authorized representative of LightRocket Pte Ltd. A revised Terms and Conditions will be effective as of the date it is posted on the LightRocket.com Site.

Entire agreement

This Agreement constitutes the entire understanding between LightRocket Pte Ltd and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.