Terms and Conditions

The following Membership terms and conditions (Membership Terms) govern access to, and use (as a Member) of the XStockvideo Marketplace web site.

The Site is owned and operated by XStockvideo (XStockvideo or we or us).

The Site and the content uploaded to the Site are available to be viewed by any person browsing the internet but only a person, who has agreed to the Membership Terms, is able to sell and buy Products.

Once you click “I agree” you will be deemed to have agreed to the Membership Terms and a legally binding contract, incorporating those Membership Terms, will then exist between you and XStockvideo in relation to your use of the Site.”

If you do not want to agree to these Membership Terms, you should navigate away from this page.

Members who buy Products will only acquire a license to use that product. This is dealt with in more detail in clause 14.

If you agree to be bound by the Membership Terms on behalf of a third party (which may include your employer or other entity) named in the application details you provide before clicking “I agree”, you represent and warrant that you have full legal authority to bind that third party to the Membership Terms. If you do not have the authority to do so, then you must not agree to be bound by the Membership Terms or use the Sites on behalf of such third party.

Membership Terms and Conditions

1. Definitions

In these Membership Terms:

• Buyer means a Member who buys Products made available for sale on the Sites.
• Exclusive Seller means a Member who makes Products available for sale exclusively on the Sites.
• General Seller means a Member who makes Products available for sale non-exclusively on the Sites.
• Member means a person who is registered as a Member by completing and submitting the Membership application, accepts these Membership Terms and that application is accepted by XStockvideo.
• Member Account has the meaning given to that term in clause 12.
• Member Ledger has the meaning given to that term in clause 12.
• Payment Agent means any payment agent approved by XStockvideo from time to time including, but not limited to, PayPal and Moneybookers.
• Products mean products available for sale on the Sites including, but not limited to, web templates, Content Management System themes, stock music, audio effects and other forms of stock content in the form of creative digital computer files.
• Seller means a General Seller and an Exclusive Seller.
• In these Membership Terms, a reference to “we” or “us” means XStockvideo and a reference to “you” or “your” means a Member.

2. Membership

You may only become a Member if you are 18 years or over.

You do not have an automatic entitlement to Membership and XStockvideo may, at its sole discretion, elect to:

1. refuse your application to become a Member; or
2. once Membership is granted, suspend, terminate or restrict your Membership at any time.

XStockvideo is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time.

Your Membership is non transferable.

Once Membership is granted you will only be able to access all areas of the Sites with use of the username and password you set up at the time you become a Member.

You are responsible for each and every access or use of the Sites that occurs in conjunction with use of your username and password.

Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Sites.

You must use all reasonable efforts to keep your username and password confidential.

You must not allow any third party to access the Sites using your username and password and make use of the Sites on your behalf.

You must notify XStockvideo in writing as soon as you become aware of any unauthorised use of your Member Account, username or password.

You acknowledge and agree that you are liable for, and will indemnify XStockvideo, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Sites as a Member.

3. Benefits conferred by Membership

By being registered as a Member, you are entitled to:

1. buy Products from other Members
2. participate in online forums;
3. generally make use of the Membership section of the Sites;

A reference in these Membership Terms to ‘buying’ or ‘sale’ of a Product means the acquisition or grant of a license or other right to use a Product.

4. XStockvideo’s Role

The Site is online facility that allows you to sell, and buy, Products.

Ownership of Products remains with the seller. XStockvideo does not obtain any right of ownership or use (including any intellectual property rights) in respect of the Products.

XStockvideo does not have any control over, and does not take any responsibility for, the quality, safety or legality of any Products downloaded by you from the Sites.

XStockvideo does not warrant that the Products or any content, code, data or materials downloaded from the Sites does not infringe the intellectual property rights of a third party. Each Seller is required to warrant that its Product does not infringe the intellectual property rights of any third party.

5. Availability and Use of the Sites

The Sites will usually be available 24 hours a day, seven days a week or as otherwise stated on the Sites.

XStockvideo may, in its absolute discretion, and for any reason, and at any time, with or without notice:

1. interrupt or suspend your right to access the whole or any part of the Sites; and/or
2. alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Sites.

You agree that XStockvideo will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.

When accessing the Sites (as a Member) and using the content and/or the services available on the Sites, you must also comply with any directions, instructions or protocols posted on the Sites from time to time.

6. Fees and Services

You do not have to pay a fee to become a Member.

You do not have to pay a fee to sell Products on the Sites.

If you are a Buyer of a Product, you will pay a fee to buy the right to use that Product in accordance with clause 14.

If you are a Seller, you will receive the fee (less the commission to which XStockvideo is entitled in accordance with clause 17) collected by XStockvideo for each sale of your Products to a Buyer.

All payments by Buyers on the Sites must be paid through a Payment Agent.

You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the Sites wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).

All references on the Sites or in this Membership Terms to “Credit” and “Credits” are to the virtual currency of XStockvideo, known as the XStockvideo Credit.

All prices on the Sites are expressed in XStockvideo Credit.

7. Member Information

In the course of your application for Membership and your use of the Sites, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.

XStockvideo’s information collection and use policies with respect to the privacy of such Member Information are set out in the Site’s Privacy Policy.

Any Member Information that you disclose may be used by XStockvideo, its agents and contractors in relation to the provision of services accessible on the Sites, including marketing activities in relation to the Sites.

8. Proprietary Rights

XStockvideo, its licensors, advertisers or affiliates own all:

1. the content of the Sites (other than Products which are owned by Members who offer them for sale on the Sites);
2. the look and feel, design and the organisation of the Sites;
3. the compilation of the materials on the Sites; and
4. the intellectual property rights (if any) subsisting in the works described in paragraphs (a), (b) and (c) above.

Your use of the Sites does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting in any of those things.

9. Copyright Agent

XStockvideo respects the intellectual property rights of others. XStockvideo requires that you do the same.
If you believe that a work of which you are the owner is infringed by a Product being offered for sale on a Site has been copied in a way that constitutes copyright infringement, please forward the following information (Copyright Claim) to XStockvideo:

1. your address, telephone number, and email address;
2. a description of the location of the alleged infringing material;
3. a description of the copyright work that has been allegedly infringed
4. a statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf.

On receipt of a Copyright Claim, XStockvideo will take down the Product that is the subject of the Copyright Claim and seek an explanation from its Seller.

10. Trade Marks

The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Sites are, unless otherwise stated, the registered and unregistered Trade Marks of XStockvideo and others.

A Trade Mark may not be used by you without the approval of its owner.

Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on the Sites without the written permission of its owner.

11. Confidential Information and Privacy

XStockvideo does not warrant or represent that your use of the Sites will be confidential.

XStockvideo is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Sites.

While XStockvideo has taken precautions to protect information that you transmit to the Site over the internet, XStockvideo does not warrant the security of that information. Once XStockvideo receives your transmission, XStockvideo will take reasonable steps to preserve the security of such information.

You must not disclose any confidential information made available to you through the Site.

When using the Site or dealing with other users of the Site you must respect the privacy and legal rights of other Members.

If a Member provides you with (or your Product accesses or uses) user-names, passwords or other login information or personal information of the Member (Personal Information) you must:

1. make the Member aware that the Personal Information will be available to you; and
2. ensure that, by proceeding to transact with you, the Member is giving you permission to use the Member’s Personal Information; and
3. provide a privacy notice to the user, recording the manner in which the Personal Information will be handled by you, that is legally sufficient; and
4. use the Personal Information for the limited purposes for which the Member gave permission; and
5. handle the information in accordance with the terms of the privacy notice.

If the Member has entered into a separate agreement with you that allows you (or your Product) to store or use the Member’s Personal Information directly related to your Product (not including other products or applications) then the terms of that separate agreement will govern your use of such Personal Information.

Without limiting the generality of the foregoing, if the user provides you information about the Member’s Member Accounts , you may only use that information to access the Member’s Member Accounts when, and for the limited purposes for which, the user gave permission for you to do so.

12. Member Accounts

When your application for Membership is accepted by XStockvideo, you will have a single account that is accessible by you from any of the Sites (Member Account). Among other things, through your Member Account, you will be able to access a ledger which records payments by you to XStockvideo (as a Buyer) and payments made by XStockvideo to you (as a Seller or in accordance with clause 18) (Member Ledger).

13. Payments from Member Ledger

You can make a payment into your Member Ledger by credit card or using the services of a Payment Agent.

You authorise XStockvideo to:

1. on your direction, debit monies from your Member Ledger, to pay for Products you buy at a Site;
2. credit to your Member Ledger any amounts due to you in respect of sales of your Products on a Site; and
3. credit to your Member Ledger any Referral Commissions earned from referring new Members to the Sites (in accordance with clause 18).

XStockvideo is not a licensed financial service provider, nor does it conduct the business of banking in Europe and XStockvideo provides its services as a cashier using a payment processing service rather than a banking service as defined in the Banking Act 1959 (Cth).

XStockvideo is not providing a financial product or service as defined in the Corporations Act 2001 (Cth) and nor is it acting as a fiduciary or an escrow with respect to your funds.

Any monies that you deposit into your Member Ledger must be used to pay for Products you buy on the Sites.

XStockvideo will not refund any monies that you deposit into your Member Ledger as a Buyer. Any monies that you deposit into your Member Ledger as a Buyer, that are not used for a period of 12 months, will be forfeited to XStockvideo.

XStockvideo may, but is not obliged to, warn you about the forfeiture before it occurs.

You must bear all expenses incurred by XStockvideo in paying monies back to you.

The Payment Agent’s standard terms and conditions regarding refunds, chargeback, and unauthorised transactions will apply and you authorise XStockvideo to automatically deduct such refunds, chargeback and unauthorised transactions to the Member Ledger. The following additional terms apply to your distribution of Products on the Sites.

1. No refund is required or allowed on Products that can be previewed by the Buyer (such as audio and graphics)
2. Where Products cannot be previewed by the Buyer (such as WordPress themes, Adobe After Effect Projects, applications) and the Buyer asserts that the Product is not as described or is broken or is corrupt, you authorise us to give the Buyer a full refund on the Product price if the Buyer requests the refund within 30 calendar days after purchase and the claim is found to be valid.

14. Buying Products

When you buy a Product, you acquire a license to use that Product.

Products are subject to different terms of use – depending on the type of license that you choose when buying the Product.

Depending on the use you want to make of a Product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen, the correct license to meet your requirements.

If you buy a Product, you do so on the following terms:

1. you cannot cancel an order for a Product once the order has been submitted;
2. XStockvideo does not give any undertaking as to the continued availability of Products offered for sale on the Sites;
3. once your order for a Product is accepted, and you pay the fee, you acquire a non exclusive, non transferable license to use the Product in accordance with the conditions of the license that you acquire;
4. ownership of the Product remains with the Seller;
5. the Product may not be re-sold by the Buyer; and
6. payment of the fee will be made at the time of download by deduction from your Member Ledger.

You acknowledge and agree that despite XStockvideo’s reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, XStockvideo reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, XStockvideo will immediately arrange for any payment to be refunded.

Due to the digital nature of the Products offered for sale at the Sites, we maintain a “no refunds” policy for Products which can be previewed by the Buyers (such as audio and graphics). A Buyer may make a claim for refund if a Product is one that cannot be previewed (such as WordPress themes, Adobe After Effect Projects, applications) and the Buyer asserts that the Product is not as described, or is broken or is corrupt. The deadline for a Buyer making any refund claim is 30 calendar days after purchase and this claim must be made trough the contact form. We will verify the validity of the claim before a refund is approved.

15. Prohibited Conduct

You warrant that while using the Sites and the various services and features offered on or through the Sites, you will not:

1. use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
2. insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
3. attempt to gain unauthorised access to other computer systems through the Sites.

You must not:

1. engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or the services offered on or through the Sites, including without limitation any information residing on any server or database connected to the Sites or the services offered on or through the Sites;
2. obtain or attempt to obtain unauthorised access to computer systems, materials or information through the Sites by any means;
3. use the Sites or the services made available on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, or impair the Sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
4. use the Sites, content or services offered on the Sites for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
5. use the Sites to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Sites;
6. use any mechanism, device software or script to affect the proper functioning of the Sites including taking any action which may infect the Sites with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
7. take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Sites or networks connected to the Sites;
8. use the Sites or the Sites’ services or features in violation of XStockvideo’s or any third party’s intellectual property or other proprietary or legal rights; or
9. use the Sites or the Sites’ services in violation of any applicable law.

You further agree that you must not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites or the Sites’ services, or any content of the Sites or any of its domains, or make any unauthorised use of the Sites or the Sites’ services or any content of the Sites or any of the domains of the Sites.

You agree that you must not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites or any of its services.

You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Sites.

XStockvideo reserves the right, in its absolute discretion, to determine whether or not your use of the Sites or content or services available on the Sites complies with these Membership Terms.

Any commercial or promotional distribution, publishing or exploitation of the Sites, or any content, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior written permission from XStockvideo.

Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Sites.

16. Linking to the Sites

You agree that if you include a link from any other web site to one or more of the Sites, such link must link to the full version of an HTML formatted page of the relevant Site.

You are not permitted to link directly to any image hosted on the Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.

You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another site.

You agree not to link from any other web site to any of the Sites in any manner such that the Sites, or any page of the Sites, is “framed”, surrounded or obfuscated by any third party content, materials or branding.

We reserve all of our rights under the law to insist that any link to any of the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.

17. Third Party Sites

You may be able to link from the Sites to third party web sites and third party web sites may link to the Sites (Linked Sites).

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.

The inclusion of a link to a Linked Site on a Site does not constitute or indicate any relationship between XStockvideo and the operator of that Linked Site or any endorsement or sponsorship by XStockvideo of that Linked Site.

XStockvideo disclaims any liability for links:

1. from another web site to any of the Sites; and
2. to another web site from any of the Sites.

XStockvideo is not responsible for any form of transmission received from any Linked Site.

18. Third Party Developers

XStockvideo is aware that third party developers offer applications for use in conjunction with the Sites and that use of these applications may require you to disclose confidential information (such as your XStockvideo password and user name).

While welcoming the contribution made by these third party developers XStockvideo is not able to, and does not, warrant or endorse those applications and cannot be responsible for any interaction between you and a third party developer. XStockvideo disclaims any liability so arising.

You will need to form your own view of the benefits to be derived from using any such applications and the reliability and trustworthiness of the third party developer.

19. Public Forums

XStockvideo may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Sites.

In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Sites or any service or feature made available on or through the Sites, any materials which:

1. restrict or inhibit any other user from using and enjoying the Sites or the Sites’ services;
2. are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
4. violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
5. contain a virus, spyware, or other harmful component;
6. contain embedded links, commercial solicitation, advertising, chain letters, mass mailings or, pyramid schemes of any kind;
7. constitute commercial solicitation or ‘spam’ of any kind; or
8. constitute or contain false or misleading indications of origin, endorsement or statements of fact.

You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from XStockvideo.

You also may not offer to buy or sell any product or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Sites and the consequences of any of your activities on the Sites.

XStockvideo reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Sites or through the Sites, and XStockvideo is not responsible for, and assumes no liability for, any such materials posted by users. However, XStockvideo reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in XStockvideo’s sole discretion are objectionable or in violation of these Membership Terms, XStockvideo’s policies or applicable law.

XStockvideo may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Membership Terms or applicable law, or for any other reason without notice or liability.

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Sites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.

It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

20. Disclaimer

The Trade Practices Act 1974 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision goods or services on the Sites which cannot be excluded, restricted or modified by XStockvideo (Non-excludable Rights).

XStockvideo does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

1. all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;
2. XStockvideo and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
3. XStockvideo does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and
4. XStockvideo does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of XStockvideo) will XStockvideo or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Sites.

To the fullest extent permitted by law, XStockvideo’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of XStockvideo to the following:

1. in the case of services supplied or offered by XStockvideo:
   1. the supply of the services again;
   2. the payment of the cost of having services supplied again; and
2. in the case of goods supplied or offered by XStockvideo:
   1. the replacement of the goods or the supply of equivalent goods; or
   2. the payment of the cost of replacing the goods or acquiring equivalent goods.

21. Indemnification and Release

You are solely responsible (and agree that XStockvideo has no responsibility to you or to any third party for) for, and you agree to indemnify and hold harmless XStockvideo (as well as XStockvideo’s affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:

1. your use of the Sites;
2. any Products you sell or buy through the Sites;
3. your placement or transmission of any Product, message, content, information, software or other materials through the Sites;
4. your breach of any applicable related third party contract or terms of service
5. your breach of the law or of these Membership Terms.

XStockvideo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with XStockvideo’s defense of such claim.

22. Changes to Membership Terms

XStockvideo may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Sites from time to time and at any time without notice to you.

Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices.

Your continued use of the Sites and/or the content or services made available on or through the Sites after any changes to the Membership Terms are posted will be considered acceptance of those changes.

23. Relationship between the Parties

Nothing in these Membership Terms:

1. constitutes a partnership between the parties; and
2. except as expressly provided, makes their party an agent of another party for any purpose.

A party cannot in anyway or for any purpose:

1. bind another party; or
2. contract in the name of another party.

If a party must fulfil an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.

24. Suspension or Termination

XStockvideo may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:

1. you breach these Membership Terms or any other terms and conditions, agreements or rules governing the Sites;
2. XStockvideo is unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Sites; or
3. XStockvideo believes that your actions may cause legal liability for you, our other Members or us.

Should XStockvideo elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Sites temporarily or permanently. In either case, you must not apply for a new Member account.

25. Notices

Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.

A notice will be deemed to have been given on the date of delivery.

26. Applicable Laws

If you make use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other state and federal laws of Belgium, Europe and other countries and may be subject to liability for such unauthorised use.

We control and operate the Sites from our offices in Belgium, Europe. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The laws of Belgium, Europe governs these Membership Terms. Each of XStockvideo and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Antwerp, Belgium (Europe).