Nature of Services
Wunderstock is a photo search platform, not a content host. Our Site uses the Flickr API and other third party sources to compile photographs made available under Creative Commons or public domain licenses. We have no relationship with Flickr or its users.
Wunderstock makes no warranty expressed or implied regarding continued service, information provided, the legality or licensing of the pictures or the functionality of the site. It is your responsibility to ensure the use of any pictures is legal and that they are in compliance with all applicable laws. As such, Wunderstock cannot be held responsible for copyright violations and cannot guarantee the legality or suitability for any use the images found through its service or contained in its system.
Limitation of Liability
You agree to indemnify, defend and hold harmless Wunderstock, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account, or your ability or inability to use the Site and Services.
Should there be a dispute between You and Us, you agree that the dispute will be resolved via arbitration. Please read the following paragraph carefully as it affects how disputes between us may be resolved and limits the way in which you may seek relief from Us.
These Terms and the relationship between You and Us will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in the city of New York City, New York. You agree to submit to the exclusive jurisdiction of arbiters in this forum, and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible. You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Site: YOU AGREE TO ARBITRATION. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Updates to Terms
The Terms may be updated at any time without prior notice. Changes to the Terms will be effective immediately. Please check this page often for updates.
We reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason.
Digital Millennium Copyright Act Policy
We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Claim
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Send all takedown notices to our DMCA Agent listed below. Please send by email for prompt attention.
P.O. Box 373
Pine Valley, California 91962
Phone: (800) 804-7260
Counter Notification - Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of the material before it was taken down.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
- Email your counter notice to our DMCA Agent.
Repeat Infringer Policy
We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
Our Business Address:
201 East 5th St. STE 1200
Sheridan, WY 82801