Business terms and conditions

1. GENERAL

1.1 Dear customer. The following business terms and conditions (‘Terms’) applies between you and/or any legal entity you represent (‘you’, ’your’), and JumpStory ApS, a private limited company registered under company number (CVR) 39622068 with its address at Axel Gruhns Vej 2B, 8270 Hojbjerg, Denmark (‘JumpStory’, ‘we’, ‘our’ “us”)).

1.1.1 The Terms apply to your purchase, access and use of our service (“Service”) as described in Section 2, made available by us at www.jumpstory.com (‘the Website’) and for customers using our API (as described and documented on partners.jumpstory.com). The Terms form a legal agreement between you and us and describe our data policy, the terms, conditions, rights and responsibilities you agree to when you use the Service on our Website.

1.2 By accepting the Terms and using our Service, you agree to abide by and be bound by the Terms. The Terms govern your subscription, access and use of our Service, and we encourage you to read them carefully. If you are accepting the Terms on behalf of a company or other legal entity, you present and warrant that you are of legal age and have full authority to bind that company or legal entity. If you do not agree to these Terms, do not use our Service.

1.3 We may change the Terms at any time, taking effect for any future purchases, including automatic renewals. In the case of significant changes (such as change to pricing or indemnity), you will receive notice via the email address you used to create your user account. In the case of significant changes, the agreement may be terminated with 14 days’ notice, effective from the date the changes take effect. The changes are deemed to have been approved by you if you continue to use our Service after the new terms have entered into force.

1.4 The current Terms are available on our website and your use of our Service is subject to the Terms that are available at the time of use.

 

2. OUR SERVICE

2.1 We make a visual universe of imagery available to you via our digital platform, within which you can search, find and download millions of images, videos, vectors, illustrations and more (“Content”). In addition, we provide you with tools to tag, store as well as to edit and modify the Content, including the removal of backgrounds from images.

2.1.1 The Service offers search results that provides you with access to Content from third-party services (‘sources’) where Content is licensed to you by the Content Owner under a Creative Commons zero license “CC0” or similar broad licenses.
CC0 is a license where the creator of the content has decided to dedicate the content to the public domain and waives all  his/her copyright and related rights in the work to the fullest extent allowed by law. . The license excludes rights in patent, trademarks or rights of recognizable persons depicted in the Content. The creator elects to permit non-commercial or commercial use.

2.2  As part of its Service, JumpStory offers users of its service a limited indemnity of up to $10,000 per item of Content. See Section [12] for indemnity.

 

3. SUBSCRIPTION TO THE SERVICE

3.1 To access the Service, you must choose a subscription and create a user account on the Website. You may only create a user account if you 1) are an individual 18 years or older or 2) are an employee or authorized agent for a legal corporate entity or limited liability company. Read more about group licenses in clause 5.

3.2 When you subscribe to our Service, you will be asked to create a user account by entering you or your employer’s company details and a contact person. You are responsible for ensuring that the information entered is correct.

3.2.1 If your information or your company information changes after you register, you must immediately log in to your user account on the Website and update the information. You are responsible for maintaining accurate information in our system..

3.3 You must also choose a password, to be used when you log in to the Website to use the Service. The password you choose is personal and must not be disclosed to others. You have a duty to ensure that the password is not revealed to third parties. Should this happen, you are obligated to notify JumpStory. We may change the password if we believe there is a risk that the account has been compromised or is being used in violation of our Terms. You can also change your password when you are logged in.

 

4. USER BEHAVIOR

You agree that while using the Service, you will comply with the following rules:

  • You will not interfere with or disrupt the servers or networks connected to the Service;
  • You will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, racist, or otherwise harmful material of any kind, including, without limitation, Content that depicts nudity, sexual conduct or violence;
  • You will not disobey or breach these Terms or any other applicable instructions conveyed by JumpStory;
  • You will not violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
  • You will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;

 

5. GROUP SUBSCRIPTION

5.1 You can purchase a group subscription where you can obtain as many logins as you wish on behalf of an legal entity and allow an unlimited number of users to access our Service. The group license belongs to one legal entity.

5.2 The holder of a group subscription must appoint an administrator who shall create all users and provide them with passwords.

5.3 If you want a group subscription to the Service, please send an e-mail to accounts@jumpstory.com

 

6. FREE TRIAL PERIOD

6.1 Your subscription to the Service can start with a free trial, which gives you the opportunity to try out the Service at no charge. The trial period is only offered to users on a monthly subscription.

6.2 To start the trial period, you must set up your user account as provided in Section 3, and choose your payment method. We request a payment method to ensure that you do not experience any interruption to the Service if you wish to continue using the Service after the end of the trial period.

6.3 The trial period is intended as a way to allow you to see the Service ‘from the inside’ and try out the Service free of charge, before you start paying for your subscription.

6.4 The trial period may be terminated after the first two days (where the account is locked) at any time with one day’s notice. After the trial period expires, your subscription will automatically continue unless you actively terminate it. You must log in to your account and use the link to notify JumpStory that you wish to terminate the agreement. You can continue to use the Service after you terminate your subscription, for the remainder of the trial period.

6.5 It is our intention to only offer you or an entity one opportunity to use  the free trial period. If you have already made use of the free trial period, you will not be permitted to have another free trial for 24 months from the date the free trial period expires.

 

7. HOW TO PAY FOR YOUR SUBSCRIPTION

7.1 Our prices depend on your subscription period and can be found here. Prices are quoted in US Dollars.

7.2 The term may be monthly or on an annual basis, as described and your subscription begins upon payment of a first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged in advance, on the same day of the month that the subscription began (for example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have as many days).

7.3 Payment is made with the means of payment methods stated on our Website. Payments for the subscription are charged every month, in advance.

7.4 We use a secure payment server to restrict  unauthorized persons from having access to your payment information.

7.5 You are responsible for updating your payment information if your payment card is blocked or expires. You can do this when you are logged in to the Website, or by contacting support@jumpstory.com. 

 

8. CHANGE IN PRICING

8.1 All prices/fees are subject to revisions. Price increases will be notified one (1) month in advance and will take effect from the next invoice period. You can therefore terminate your subscription, giving the required notice and coinciding with the end of your current payment period, before the price increase takes effect.

 

9. HOW TO TERMINATE YOUR SUBSCRIPTION

9.1 You can terminate your subscription at one day’s notice. You terminate your subscription by logging onto the Service at our Website.

9.2 Failure to pay for your subscription, for example by deleting your payment information, will not be seen as termination and does not relieve you of the obligation to pay.

 

10. ACCESS TO THE SERVICE AND MAINTENANCE

10.1 The primary features of the Service are compatible with the most widely used operating systems and Internet browsers. We endeavor to make the Service available all year, seven (7) days a week. However, there may be operational disruptions due to technical conditions.

10.2 We cannot guarantee that the Service will always be free of errors or interruptions. If errors or omissions are found or interrupted in the Service, we have the right to remedy them without any breach of these Terms. We also have the right, within reasonable limits, to close the Service, e.g. to perform upgrades and maintenance, on an ongoing basis.

10.3 Development of new functionality, including integrations, may be added to the Services in the future and subject to additional Service Fees.

 

11. SUSPENSION OF THE SERVICE

11.1 If your  subscription payment is past due or where we have a reasonable belief that you are misusing the Service, or violating the Terms or User Behavior we have the right to suspend your access to the Service – without notice or your prior consent. We will attempt notify you as soon as possible after your access has been suspended. The suspension will cease when all overdue amounts have been paid or no reasonable belief of misuse.

11.2 In the case of a breach of these Terms, we may cancel the subscription in our sole discretion. Cancellation does not relieve you of your payment obligation towards us, and you will not be entitled in such cases to a refund of any payments already paid.

 

12. REPRESENTATIONS AND INDEMNIFICATION

12.1 Provided a user is not in breach of the Terms, JumpStory represents and warrants to the User that the Content that is downloaded using the Service and used in full compliance with the Terms and applicable law will not infringe any copyright.

12.2 Indemnification to user

Provided you are not in breach of the Terms, JumpStory shall defend, indemnify, and hold you harmless up to the “Limits of Liability” (as hereinafter defined) arising out of or directly connected to any actual or threatened third party lawsuit, claim, or legal proceeding for direct damages together with expenses (including reasonable outside attorney’s fees) based on JumpStory’s breach of its representations and warranties under the Terms. This indemnification is conditioned upon you notifying JumpStory, in writing, of any such claim or threatened claim, no later than ten (10) days from the date you know or reasonably should have known of the claim or threatened claim including all details of the claim then known to you. The notification must be emailed to JumpStory at [copyright@jumpstory.com]. JumpStory shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with JumpStory in the defense of any such claim and shall have the right to participate in any litigation at your own expense. JumpStory shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein. JumpStory’s total maximum aggregate obligation and liability for all claims shall be limited to Ten Thousand United States Dollars – US $10,000.00 per item of Content, regardless of the number of times it may be used (the “Limits of Liability”). Notwithstanding any otherwise applicable statute(s) of limitation, any action or proceeding must be commenced within two years of the act, event, or occurrence giving rise to the claim. The foregoing represents our entire liability and obligation, and your sole and exclusive remedy, with respect to any use of the Content.

12.3 Indemnification to JumpStory

User agrees to defend, indemnify and hold harmless JumpStory, its affiliates, and their respective officers, directors, members, employees and agents, licensees, customers, and other Users from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorney’s fees) arising from your use of the Service; any violation of these Terms; or your violation of any third party rights,; this defense and indemnification obligation will survive these Terms and your use of the Service and the use of any Content.

 

 

13. RESTRICTIONS

13.1 You may not use Content in a pornographic, defamatory, unflattering,  or other unlawful manner. If the use is unflattering you should indicate that the person depicted is used only for illustrative purposes.

13.2 If you use Content that features recognizable persons or property you should confirm with the creator whether additional permissions are required in connection with your use. 

13.3 You may not falsely represent that you are the original creator of a work that is made up largely of Content. For instance, you cannot create a painting based solely on licensed Content and claim that you are the author.

13.4 You may not use Content where trademarks, logos, brands or works of art appear. If you download Content with any of these depicted in them, you may need the permission of the brand owner of the brand or work of authorship or individual depending on how you use the photo. You may not imply that there is any association, endorsement or affiliation with any trademarks or brands.

 

14. PROTECTION OF PERSONAL DATA

14.1 When you create a user account, you will be asked to provide personal information about the person who is authorized to act as the contact for the legal entity and JumpStory. We are responsible for the collection and processing of such personal information.

14.2 The legal entity is committed to ensuring that persons registered as a contact person are made aware of the information contained in this Privacy Policy.

14.3 We only process your personal information in order to manage our business relationship, including communicating with the company, you present.

14.4 The personal information includes your name and e-mail address and will be collected directly from you or your employer.

14.5 The legal basis for our processing of your personal information is our legitimate interest in being able to fulfill our agreement with the legal entity, you present (Article 6(1)(f) of the General Personal Data Regulation) and being able to invoice the legal entity (Article 6(1)(c) of the General Personal Data Regulation).

14.6 We have established and maintain appropriate organizational and technical measures so that your personal information is not accidentally or unlawfully deleted, impaired or lost, nor does it come to the attention of any unauthorized person or is otherwise abused or used in violation of the Personal Data Regulation.

14.7 We will only disclose personal information internally or to external stakeholders if necessary, to fulfill our agreement with the legal entity, you represent.

14.8 The personal information is kept for as long as necessary for the purposes mentioned in clause14.3. This means that, as a rule, we keep personal information for as long as the legal entity, you represent, has an active account with us and for up to 12 months after.

14.9 Personal information contained in accounting material is stored in accordance with the rules of the Danish Accounting Act and is deleted 5 years after registration, from the end of the financial year.

You have the right at any time to:

  • to disclose what personal information we have collected and which we store and process about you and to receive a copy of it.
  • require correction, objection or restricted processing of your personal data.

If you wish to complain about our processing of your personal information, you can lodge a complaint to the supervisory authority in the country where you have your residence.

 

15. LIMITATION OF LIABILITY

15.1 Subject to the limitations set out in these Terms, we are liable for damages in accordance with the general rules of Danish law.

15.2

OTHER THAN AS SET FORTH IN INDEMNIFICATION ABOVE, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. JUMPSTORY AND ITS DIRECTORS, EMPLOYEES, AGENTS, DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL JUMPSTORY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

16. APPLICABLE LAW AND DISPUTES

16.1 These Terms shall be governed by, and exclusively construed in accordance with Danish law without regard to its conflict of laws principles. Any dispute shall be brought before the City Court of Aarhus (in Danish; Retten i Århus), Denmark in the first instance.

Arbitration – Notice For US USERS

Any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of, or in connection with, or relating to these Terms shall be resolved by binding arbitration by a single arbitrator by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The Parties agree that the location for arbitration shall be Philadelphia, Pennsylvania. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees to the prevailing party and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the applicable courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND JUMPSTORY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 

 

 

17. QUESTIONS AND COMPLAINTS

17.1 If you have any questions or complaints, we would be very interested to hear them. You are therefore very welcome to write to us at support@jumpstory.com.

 

18. COPYRIGHT COMPLAINTS

18.1 JumpStory has adopted and implemented a copyright policy in accordance with the Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide JumpStory’s copyright agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • a description of where the material that you claim is infringing is located on the site, including the URL;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

JumpStory’s copyright agent for notice of claims of copyright infringement can be reached as follows:

By mail: Copyright Agent JumpStory, Axel Gruhns Vej 2b – 8270 Hojbjerg – Denmark

By email: copyright[at]jumpstory.com

 

19. Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, that are not owned or controlled by JumpStory. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website from JumpStory, you do so at your own risk and you agree that JumpStory will have no liability arising from your use of or access to any third-party website.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

The provider of the website is JumpStory Aps

Address: Axel Gruhns Vej 2B, 8270 Hojbjerg, Denmark

To file a complaint or to receive further information regarding use of the Service, send a letter to the above address, contact JumpStory via e-mail [jl@jumpstory.com] or telephone at [+4528785450]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

 

This version was last revised on the 1st of September 2020.