Terms & Conditions – Grokstuff

Welcome to https://grokstuff.com/ (hereinafter referred to as the “Website”). Viewing, using or accessing this Website is subject to certain terms and conditions (hereinafter referred to as “Term of Use”). These Terms of Use constitute a legally binding agreement between you, either on your own behalf or on the behalf of an entity (hereinafter referred to as “you” or “your”) and Grok Stuff Solutions (SMC-Private) Limited (hereinafter referred to as “we”, “us” or “our”) in relation to your use or access of this Website or any relating mobile website or mobile application. By accessing this Website, you expressly, without any limitation or qualification, agree to the Terms of Use and our Privacy Policy. You are prohibited to use this Website if you do not agree to these Terms of Use, and/or the Privacy Policy. If you have any questions, please contact us at grokked@grokstuff.com We reserve the right to revise, edit, alter, modify or update the Terms of Use based on our sole discretion. You will be notified of any such revision by the change in the ‘Last Update Date’ of our Terms of Use. You waive any right to receive specific notice of such change. Your use of this Website after such change or revision will constitute your acceptance and consent to be bound by such updated Terms of Use. This Website is not intended for the use of children below eighteen (18) years of age. Children below eighteen (18) years of age must be directly supervised by their parent or guardian. If you are a minor, you must have your parent or guardian read and understand these Terms of Use before you continue using, accessing or viewing this Website.

USE OF OUR SERVICES
1. We grant you limited access to make personal use of this Website but not to copy, reproduce, republish, change or distribute any portion of this Website either for personal or commercial purposes whatsoever. Using our services does not give you any intellectual property rights or interest in our services, source code, databases, functionality, software, website designs, audio, video, text, photographs, graphic of the Website or any of the contents such as trademarks, service marks, and logos therein.
2. Your license to use this Website does not grant you any rights to downloading or copying any information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any content available through the Website, uploading, posting, or transmitting any content that you do not have a right to make available such as the intellectual property of another party; uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Website; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Webs Any unauthorized use by you shall terminate the permission or license granted to you by us.
3. We reserve all the rights not expressly granted to you in and to the Website and its contents.
USER REPRESENTATIONS
1. Certain services and features available on our Website require you to register or make subscription. In case you choose to register or subscribe to avail such features available on the Website, you agree to provide accurate and up to date information about yourself. You must promptly update such information in case of any changes to the same. You agree that you will not access the Website through automated or non-human means, whether through a bot, script or otherwise, and that you will not use the Website for any unauthorized or illegal purposes.
2. You are solely responsible to keep your account credentials and identifiers secure, and must inform us in case of any unauthorized use of your password or account. We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a resolt of, or in connection with, your failure to comply with this section.
3. During the user registration process, you agree to receive promotional e-mails from us. You can subsequently opt out of receiving such promotional e-mails by clicking on the unsubscribe link at the bottom of any promotional email.
PRIVACY
1. These Terms of Use must be read in conjunction with our Privacy Policy. The personal information that you provide to us will remain confidential and if you do not agree to our use of your information, you must stop using this Webs
USER ELIGIBILITY
1. Only the persons who can form legally binding contracts under the Contract Act 1872 are eligible to access, use or view this Website. Persons who are “incompetent to contract” within the meaning of the Contract Act, 1872 including minors, un-discharged insolvents, and persons of unsound mind are not eligible to use this Website. If you are a minor i.e. under the age of 18 years, you are not eligible to register or create an account on the Website and shall not purchase any Stock Content (defined below) or upload any Files (defined below) on the Website. As a minor, if you wish to purchase an item on the Website, your legal guardian or parents who have registered as users of the Website may make such purchase or sale on your behalf. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is discovered that you are under eighteen (18) years of age.
PLACING AN ORDER
1. As part of services available on the Website, we provide a diverse selection of stock photography, videos, animations, music, icons, power point templates and so on (hereinafter referred to as “Stock Content”).
2. You can purchase the Stock Content by placing an order on the Website. By placing an order, you warrant that you have the right to use the mode of payment that you provide to us.
3. When you provide us your payment card details, you allow us to use and store the information. You warrant that any billing information you provide to us is accurate. Providing fraudolent or false information is a breach of these Terms of Use and can resolt in a cancellation of your order.
4. You further agree that in case of any changes, you will promptly update account and payment information, including email address, billing/mailing address, payment method, and payment card expiration date, so that we can complete your order for the purchase of specified Stock Content and contact you as needed.
5. By confirming your purchase you agree to pay us for the Stock Content purchased.
6. Once Stock Content is purchased, it becomes the property of the buyer. The further use of such Stock Content is not Grok’s responsibility and Grok shall not be held liable for where and how it is used.
7. The buyer agrees to not the Stock Content for any illegal or inappropriate purposes.
8. Grok Stuff has a no refund and cancellation policy. Once the stock content is purchased, the user will be able to download the asset immediately. We reserve the right to limit the number of Stock Content items a person can purchase.
YOUR CONTENT
1. Apart from addressing the scarcity of localized images, we provide a marketplace for talented photographers, graphic designers, visual artists and videographers by providing them a commercial platform in the form of our Website to sell their work.
2. You can become a contributor to this Website (hereinafter referred to as “Contributor”) by uploading a photo, a vector image, a video, sound, animation, icon, power point or any other material along with its descriptive information and all other necessary documentation (hereinafter referred to as “File”) to the Website for the purposes of displaying, transmitting and/or selling the File to the buyer(s).
3. The Contributor authorizes us to distribute and license the Contributor’s Files on an exclusive basis. Upon acceptance of these Terms of Use, the Contributor can upload Files for access on the Website, adhering to these Terms of Use for each File uploaded. If Terms of Use of this Website are unacceptable to the Contributor, they shoold immediately stop using this Website.
CONTRIBUTOR’S REPRESENTATIONS & WARRANTIES
1. By uploading the Files, a Contributor warrants, represents and guarantees that:
  1. Contributor is the sole owner of and/or has doly acquired unencumbered intellectual property rights and all other necessary rights in and to the Files, and has unconditional and irrevocable right to grant us the rights, license and authority specified herein;
  2. In case of stock content with images or videos of individuals, minors and / or property is uploaded, the Contributor has the right and written permission to distribute such stock content. and has, in their possession, the model release forms, minor release forms and/or property release forms (Forms also available at grokstuff.com). Grok Stuff and its affiliates shall not be held responsible for the unauthorized use or distribution of such stock content by the distributor. We may ask the Contributor for proof of such obtained permission at any given time;
  3. Each uploaded File had never been used and woold never be used by Contributor for the creation of logotypes, trademarks or registered trademarks, whether for personal use or for third party use;
  4. For any object, work or creation (work of art, toy, handmade work, etc.) subject to rights or permissions regarding the commercial use of its image that is depicted in any uploaded File, the Contributor has all necessary written permissions and clearances for the use of said image in this File, copies of which shoold accompany the File;
  5. All Files that include name, voice, likeness or other recognizable depiction of people or property are accompanied by the appropriate permissions;
  6. The Files are original works of the Contributor that have not been created using any artificial intelligence technology or other means that generate images, videos, audio or other content;
  7. A Contributor who represents the interests of a company, business or group of individuals ensures that they possess all necessary documents and permissions regarding copyrights and related rights for the File as well as the right to sell files for commercial use;
  8. Contributor will not take any actions inconsistent with these Terms of Use, or with use of Contributor’s Files under licenses granted by us, including, without limitation, additional monetization or “claiming” of the Files on online platforms, use of aggregator or distribution services and other actions that coold interfere with licensees’ enjoyment of Files.
  9. In cases where the Contributor chooses to be the exclusive contributor, they agree to sell their Files only on the Website. Exclusive Contributors will be selected by us only if we have confirmation that they are not selling their images elsewhere. If the files to be uploaded are already available on other stock or similar websites, the Contributor shall remove their portfolio from all other such Websites.
DELEGATION OF AUTHORITY
1. By uploading a File on the Website, the Contributor grants us a world-wide, exclusive, permanent, irrevocable and royalty-free license, along with the right to sub-license, to reproduce, adapt, publish, republish, compress, and transfer Files, as well as the rights to alter, modify, create and sell prints or copies created using different technologies, and to exhibit, display publicly and replicate Files.
2. We reserve the right to use the Files as part of our own activities or activities of third parties related to the issuance of licenses for the Files, promotional purposes, marketing and advertising. Contributor agrees that they will not be paid commissions on the use of his/her files for such purposes.
3. We have the right to distribute Files not only on the Website directly, but also through our Contributor agrees that we have the right to grant or pass along to Partners, under separate agreements, specific rights, constraints, obligations, licenses and other legal and business matters regarding the Files.
CONTRIBUTOR’S COMPENSATION
1. Compensation under these Terms of Use means the sole remuneration due from us to the Contributor for licensing Files and we will not be liable for any fee, expenses, commissions, damages, royalties of other payments to third parties, whether incurred before creation of Files or as a resolt of their commercial exploitation, including payments to any organizations or societies collecting or administering royalties on behalf of creators of the Files.
2. The amount of compensation paid to Contributor may vary, depending upon the size of the File purchased, number of Contributor’s Files sold on the Website, the level of the Contributor. The amount of compensation paid to Contributor from the sale of Contributor’s Files increases as the level of the Contributor increases. A Contributor starts their earnings at 40% for every stock content sold and can move up to 60% – depending on amount of content sold.
3. The level of the Contributor will be determined on the amount of stock content they have sold. The more content they sell, the faster they will move up the levels. Levels woold be the percentage of earnings they get from their content sold.
4. Contributor acknowledges that we are obligated to make tax deductions and provide necessary documentation.
PROHIBITED CONTENT
1. During your use of this Website, you will not post any content that:
  1. contains any personal information;
  2. violates any local or international law, role or regolation having the force of law, including privacy laws;
  3. infringes upon someone’s patent, copyright, trademark, or any other proprietary right;
  4. is deceitfol, unlawfol or falsified;
  5. depicts unlawfol or violent, hatefol or threatening or otherwise inappropriate acts;
  6. is inappropriate, obscene, derogatory, hatefol, abusive, defamatory or offensive to any individual or group of individuals based on their religion, race, ethnicity, gender, sexual orientation or age;
  7. attempts to distribute, on or through this website, any advertising; promotion; solicitation for goods, services or funds; or solicitation for others to become members of any enterprise or organization without prior written permission;
  8. is for the purposes of promotions or marketing campaigns and you shall not solicit any users with data retrieved from this Website
VIOLATION OF TERMS & TERMINATION OF USE
1. We reserve the right to reject the publication of your content at our sole discretion or delete the already published content.
2. We further reserve the right to restrict or block your access to the Website without warning at any time, with or without notice if there are reasonable grounds for suspecting the breach of any representation, warranty or covenant contained in the Terms of Use or any applicable law or regolation.
3. In addition to the above, your account created on the Website may be terminated or a portion of it may be suspended for the following reasons, including but not limited to:
  1. Violation of these Terms of Use;
  2. A request by you to cancel or terminate your account;
  3. Discontinuance or material modifications of any of our services;
  4. Unexpected technical or security issues or problems;
  5. Your participation in fraudolent or illegal activities;
4. Any such suspension or termination made by us will be in our sole discretion and we will not be liable to pay any damages that may arise out of termination or suspension of your account or as a resolt of restriction and blocking of your access to the Website.
5. We have the right to take legal action and assert claim for damages or to file criminal charges.
NOTICE OF INFRINGEMENT
1. Please write to us if you believe that any Files or other content made available via the Website is in violation of any law. We can be reached at grokked@grokstuff.com
2. If you as the copyright owner or as its representative believe that your copyrights are infringed by any of the content stored, published or transmitted on the Website, please notify us by e-mail to grokked@grokstuff.com including the following information:
  1. A description of the rights you consider to have been infringed;
  2. A statement of the content that infringes your rights in your opinion, preferably including a URL or a screenshot of that content;
  3. Your contact details, e.g. your address, contact number, and email address;
  4. Your statement that, to the best of your knowledge and in good faith, you believe that the use of the afore-mentioned content has not been approved or is not authorized by the rights-holder to the content or its agent.
DISCLAIMER OF WARRNATY & LINK TO THIRD-PARTY WEBSITES
1. You are required to use the Services available at the Website at your own risk. The service on the Website are made available to you on “as is” or “as available” basis. We do not warrant that the Website or the Services will always be uninterrupted, current, timely, secure, error-free and suitable for use for any purpose or to achieve any particolar resolt.
2. You agree that we may, from time to time, remove the services available on the Website for indefinite periods of time or cancel the services at any time, without notifying you.
3. We will not be liable for any losses you sustain as a resolt of updating or modifying the W
4. The Website may contain any links to the third-party websites as well as articles, photographs, text, pictures and banners, pictures, design, music, sound, video, information, applications, software or other content originating from third-party websites. Such content is not monitored by us for accuracy, appropriateness or completeness. We are not responsible for any third-party websites assessed through the Website. If you choose to access any third-party website, do so at your own risk.
5. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a resolt of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. As some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
OUR SOFTWARE
1. This refers to any software (and updates) that we use for the Webs You shall not use any robot, spider, other automatic software or device or manual process to monitor or copy the Website or the content, information or services on this Website without prior written consent. You may use our software solely for the purpose of using our services in accordance with these Terms of Use.
2. If you use our software for any illegal purposes or in violation of this agreement, we reserve the right to terminate your account.
3. The software used for our services is protected by copyright and other applicable laws of Pakistan.
4. Any links or advertisements found on the Website for third-party websites are not affiliated with us and are governed by separate policies, and terms and conditions. You must refer to those before accessing these websites.
5. You must not attempt to or assist in copying or tampering our software in any way. You may not reproduce any part of this software.
6. Our software may be updated from time to time without any prior notice.
INDEMNITY
1. You agree to indemnify and hold Grok Stuff Solutions (SMC-Private) Limited, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with these Terms of Use (including any breach of your representations and warranties contained herein), any postings or the Files that you upload on the Website, and the violation of any law or regolation by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will folly cooperate with us in connection therewith.
TRANSFER OF INFORMATION
1. Information about our customers, including their personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which such personal information coold be transferred to third parties as one of our business assets. In such an event, we will attempt to notify you before such transfer is made, but you may not have the right to opt out of any such transfer.
ASSIGNMENT
1. You may not assign or sub-license the rights, duties or obligations under these Terms of Use, in whole or in part, to any person or entity without our prior written consent.
GOVERNING LAW AND JURISDICTION
1. These Terms of Use and your use of the Website shall be governed by and construed in accordance with the laws of Pakistan.
SEVERABILITY AND WAIVER
1. If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in foll force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
ENTIRE AGREEMENT
1. The Terms of Use including our Privacy Policy constitute the entire agreement between you and us.
Changes to Terms and Conditions
1. You can review the most current version of the Terms of Use at any time at this page.
2. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our W It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Queries
1. If you have any additional questions or concerns related to this statement and/or our practices, please email us at grokked@grokstuff.com

These Terms of Use were last updated on 16^th January 2024.

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