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DISCLAIMER

Terms Of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY MYSTOCKCOLLECTION.COM ("MSC"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AT HTTPS://WWW.MYSTOCKCOLLECTION.COM, HTTPS://INTERNATIONALWEDDINGPHOTOGRAPER(S)DIRECTORY.COM  (THE "SITE") AND ALL SERVICES PROVIDED BY MSC ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including – without limitation – users that are sellers, customers, future merchants, contributors of content, information and other materials or services on the Site.

MSC is a Venue & a Showcase Platform

MSC provides a marketplace for photographers and artists. MSC acts as a venue and platform, allowing users that comply with MSC policies to showcase, sell (or offer for free), buy and download certain images within a fixed-price format, including a free option. MSC is not directly involved in the transaction between buyers and sellers. As a result, MSC has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. MSC does not pre-screen users, nor the content and information provided by users. MSC can also not ensure that a buyer or seller will actually complete a transaction.

Consequently, MSC does not transfer legal ownership of images from the seller to the buyer. All copyright priviliges are retained by the owner and resale of any content aquired from the MSC is strictly forbidden. MSC cannot guarantee the true identity, age, and nationality of a user. MSC encourages direct communication between potential transaction partners through the tools available on the Site.

As a venue and showcase platform, MSC is not responsible or liable for any content, data, copyright infringements, text, information, usernames, graphics, images, photographs, profiles or links posted by users or outside parties on MSC. You use the MSC service at your own risk.

Membership Eligibility

Age: MSC services are available only to, and may only be used by, individuals who are 18 years and older, who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old, and that all registration information you submit is accurate and truthful. MSC may, in its sole discretion, refuse to offer access or use of the Site to any person or entity, and to change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by MSC policies as stated in the Agreement and user guidelines.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify MSC of any unauthorized use of your password or any breach of security. You also agree that MSC cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than MSC, without MSC’s express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times – this includes a valid email address. 

Account Transfer: You may not transfer or sell your MSC account and User ID to another party.

Right to Refuse Service: MSC services are not available to temporarily or indefinitely suspended MSC members. MSC reserves the right, in MSC’s sole discretion, to cancel unconfirmed or inactive accounts. MSC reserves the right to refuse service to anyone, for any reason, at any time.

Fees and Termination

MSC membership fees are subject to change at anytime time. 

If MSC terminates your account, if you close your account, or if the payment of your MSC membership fees cannot be completed for any reason, you remain obligated to pay MSC for all unpaid fees plus any penalties, if applicable. If the member’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account.

Members who do not comply with MSC policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay MSC for all unpaid fees per our Terms of Use.

Listing and Selling

Listing Description: By listing an image on the Site, you warrant that you and all aspects of the item comply with MSC policies. You also warrant that you may legally sell the image or offer it for free. You must accurately describe/tag your image and complete all terms of sale in your MSC image set up. All images must be listed in an appropriate and relevant manner with appropriate tags. Each listing must accurately and completely describe the image for sale in that listing. All images must be free of personal watermarks.

Binding Sale: All sales are binding unless a refund policy is offered by the seller. If not using the MSC payment interface, the seller is obligated to provide the image or otherwise complete the transaction with the buyer in a prompt and responsible manner. The buyer is obligated to deliver appropriate payment for items purchased and the seller is obliged to provide the listed item. Please take note that using the MSC shopping cart will disable the option of offering buyers a refund.

MSC does not deduct any commission for members sales. In order for a member to request a Payout from MSC the member needs to provide a valid PayPal ID. All payouts are made using the MSC payment partner PayPal inc.

Image sales on the Site are processed by PayPal and 2Checkout. Merchant fees apply to all sales. Merchant fees are fees applied by the merchant for facilitating and processing the transaction. MSC will automatically deduct these fees from any members sales and payout the difference on request by the member.

Certain extra Paypal fees apply to payout transactions depending on the account holders location. More details can be found at www.paypal.com.

Payouts from MSC can take up to 45 days but is usually facilitated within a few days. The delay is due to Paypal withholding funds due to queries pertaining to the sale/transaction.

Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to MSC, and any and all data, text, information, usernames, graphics, images, photographs, profiles (together, "Content") that you submit, post, and display on MSC.

Restricted Activities:

Your Content and your use of MSC shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any 3rd party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, any site policy or guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Be defamatory, trade-libellous, unlawfully threatening, or unlawfully harassing. You may not impersonate or intimidate any person (including MSC staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email addresses, nicknames, or the creation of false account(s), or any other method or device
  6. Be obscene or contain child pornography
  7. Contain or transmit any code of conduct that is destructive in nature, that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  8. Modify, adapt or hack MSC or modify another website so as to falsely imply that it is associated with MSC
  9. Appear to create liability for MSC or cause MSC to lose (in whole or in part) the services of MSC ISPs or other suppliers
  10. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement

Furthermore, you may not list any image on MSC (or consummate any transaction that was initiated using the MSC service) that, by paying membership to MSC, could cause MSC to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Legal and Licence

MSC Promotes royalty free images sold without restrictions. However, the option for other legal license is provided. Should you select “other” license options for your image, you will have to negotiate directly with the buyer.

If a dispute is raised regarding an uploaded image, it will be reviewed and mediated by the MSC legal team. Their decision will be final. Should it be determined that you do not hold the original rights to the uploaded image, your account will be deactivated and any membership forfeited.

MSC collection offers the default setting of ROYALTY FREE for image sales. Images sold ROYALTY FREE on MSC are sold without any restrictions with copyright and ownership retained by the owner. If you choose “OTHER” for your licence requirements, the buyer will need to contact you to complete negotiations via email.

When your negotiations are complete with the buyer, you can provide payment details via email and the buyer will pay directly into your account via PayPal, after which you will undertake to send the relevant image to the buyer via email to complete the transaction.

Please note that sales done this way are cumbersome and will not be added to YOUR DOWNLOADS total. A copy of your email negotiations will act as your sales invoice and reference, as the sale did not make use of the “DOWNLOAD” button, which generates a mutual invoice.

Any dispute should be settled with the buyer and seller directly.

Making use of the PayPal dispute resolution process is recommended if paying the seller by PayPal

A model release is sometimes impossible or impractical to acquire in the field and in rural or dynamic settings. Although the buyer takes responsibility for the intended use of the image without model release, you as the seller take responsibility for the sale of such an image.

Showcasing images of minors without model release is discouraged; unless it is clearly obvious that the minor is a willing participant or/and has accepted money for the taking of the picture as is most common in rural areas.

MSC does not take any responsibility for photos and disputes arising on the website, but will adjudicate disputes as a last resort with the help of our dedicated legal team. The MSC decision will then be final. We reserve the right to remove photos and close/suspend accounts in the interests of fellow members.

Model release: MSC accepts pictures of people without model release because MSC is not responsible for the sale of the photo. MSC is merely a showcase. Please ensure that you are acting within the law governing your jurisdiction when selling pictures of people or property. To see more information on model release, please see the legal section.

Payment pledge: It is recommended by MSC as an act of good faith, that – should you be showcasing images of people without a model release – you agree to the PAYMENT PLEDGE during your license set-up for the image. This undertaking stipulates that should a concern be raised by the individual in your image, you will remove the image if that is their wish and that you will share a fair proportion of any proceeds made from the image on the MSC website.

MSC Shopping Cart: Members using the MSC shopping cart do so at their own risk. Content is not monitored and is managed by peer review. MSC is therefore not responsible in any way for images sold using the MSC shopping cart. The shopping cart is available for members, to assist and facilitate their sales and does not profit MSC in any way. Members are responsible for complying with the tax laws of their own financial jurisdiction. MSC does not store any personal payment details.

Licensing and Copyright

You undertake to only upload images that you are the rightful owner of and to not knowingly infringe any copyright laws.

Content Ownership

MSC does not claim ownership rights to your Content.

MSC enables any person or entity that owns or is otherwise authorized to licensed images (the "Content Owner") to post such images on the site and to use the MSC sales interface or the MSC shopping cart to facilitate the sale of their images on the site.

These license agreements are made directly between the user and the Content Owner or seller and are merely facilitated by MSC. MSC members make images available to Site users through the Site by setting prices and licence options in the image setup.

MSC advocates royalty free images. Any other licence option shall be discussed in direct correspondence between the seller and the buyer using the “contact” option.

MSC is not responsible in any way for any licence agreements. It is the responsibility of the buyer to ensure the licence offered by the seller is appropriate for the intended use of the image, taking into consideration all laws applicable to the jurisdiction of the displayed image. It is the responsibility of the seller to honour the terms and conditions of the sale of the image.

Re-Posting Content: By posting content on MSC, it is possible for an outside website or a third party to re-post that Content. You agree to hold MSC harmless for any dispute concerning this use. If you choose to display your MSC image on another website, you are free to do so.

Information Control

MSC does not control the content provided by users that is made available on MSC. You may find some content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using MSC, you agree to accept such risks and that MSC (and MSC officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on MSC. Please use caution, common sense, and practice safe buying and selling when using MSC. Report any concerns via the flagging option or contact MSC directly.

Other Resources: MSC is not responsible for the availability of outside websites or resources linked to or referenced on the Site. MSC does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. MSC offers any useful link s for information purposes only. You agree that MSC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release

In the event that a dispute arises between you and MSC, please contact MSC.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Durban South Africa using the English language in accordance with the Arbitration Rules and Procedures of the South Africa.

The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.

Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Durban Courts located in the Durban South Africa. The site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and MSC agree that any cause of action arising out of or related to the site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) month after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release MSC (and MSC officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

MSC, for the benefit of users, may try to assist users to resolve disputes. MSC does so in MSC’s sole discretion, and MSC has no obligation to resolve disputes between users or between users and outside parties. To the extent that MSC attempts to resolve a dispute, MSC will do so in good faith, based solely on MSC policies. MSC will not make judgments regarding legal issues or claims.

MSC Intellectual Property

MSC, and other MSC graphics, logos, designs, page headers, button icons, scripts and service names are worldwide registered trademarks, trademarks or trade dress of MSC. MSC trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

MSC may contain robot exclusion headers which contain internal rules for software usage. Much of the information on MSC is updated on a real-time basis and is proprietary, or is licensed to MSC by MSC users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access MSC for any purpose whatsoever.

In addition, you agree that you will not:

  1. Take any action that imposes, or may impose – in MSC’s sole discretion – an unreasonable or disproportionately large load on the MSC infrastructure.
  2. Interfere or attempt to interfere with the proper working of the Site or any activities conducted by the Site.
  3. Bypass MSC robot exclusion headers or other measures MSC may use to prevent or restrict access to MSC.

Breach

Without limiting any other remedies, MSC may – without notice, and without refunding any fees – delay or immediately remove Content, warn the MSC community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user, if any of the following apply:

  1. MSC suspects (by information, investigation, conviction, settlement, insurance or otherwise) that a user has breached this Agreement or guidelines incorporated herein
  2. MSC is unable to verify or authenticate any of your personal information or Content
  3. MSC believes that a user is acting inconsistently with the letter or spirit of policies, has engaged in improper or fraudulent activity in connection with MSC, or that their actions may cause legal liability or financial loss to MSC users or to MSC

Privacy

MSC will not sell or disclose your personal information that you have not chosen to be public, to third parties without your explicit consent. MSC stores and processes content on computers located in Ireland/France that are protected by physical as well as technological security. MSC makes use of cookies to enhance the website experience. See GDPR compliance here.

Indemnity

YOU AGREE TO INDEMNIFY AND NOT HOLD MSC AND (AS APPLICABLE) MSC PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guarantee

MSC does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside MSC’s control.

Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any MSC service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of images. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and MSC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

MSC Service

MSC reserves the right to modify or terminate the MSC service for any reason, without notice, at any time. MSC reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently.

If MSC makes a material change, MSC will notify you here, by email, by means of a notice on our home page, or other places MSC deems appropriate. What constitutes a "material change" will be determined at MSC’s sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the UAE.

Disclosure

The services hereunder are offered by MSC, located at 26 waterhouse rd Bluff Durban South Africa

Effective Date: 12/3/2014


Copyright and Intellectual Property Policy

All members are responsible for uploading images without copyright infringements. If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement to admin@mystockcollection.com and expect a response within 48 hours and resolution within 30 days. Alternatively, you may make use of the flagging option to highlight the concern to the owner of the image.

A. Procedure for Reporting Copyright or Intellectual Property Infringements

When removing material from the site, MSC will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information. This does not apply to the removal of images via the flagging option.

B. Removal of Allegedly Infringing Material

Once it is determined that proper bona fide infringement has taken place, MSC may remove or disable access to the material infringing upon the intellectual property. If MSC removes or disables access to content in response to an infringement notice, MSC will make reasonable attempts to notify the Member that MSC has removed or disabled access to the material. Repeat offenders will have all material removed from the system and MSC will terminate such Members’ access to the service.

Please note: If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting MSC.

1. Personal Information

MSC requires a member to provide a valid email address and choose a username connected with your site activity. Depending on the services you choose, additional information may be collected, for example: billing or payment information, a telephone number, or a physical address.

We use browser cookies, clear gifs, log files, and flash cookies to help understand how people interact with our site and services, in order to provide a better experience.

We use this information to provide and improve our services, and to communicate with you.

MSC will not sell or disclose your personal information to third parties without your explicit consent, except as specified in our Privacy Policy.

2. Choices

As a member, you may review and change information in your account settings, and you may remove certain optional pieces of information.

You may opt-out of receiving certain types of messages from MSC in your account settings.

You may disable cookies in your web browser.

3. Contact Us

You can email MSC for any related queries at admin@mystockcollection.com

Flagging

The quality of photos is managed by peer review via the anonymous flag photo option. Each flag should be acknowledged and actioned, as confirmation that you are aware of the flagging.

Images can be flagged for several pre-determined reasons, namely poor image quality, poor content, incorrect tagging, inappropriate content, copyright infringement etc.

  • Flagging should be used to report any item listing that violates any of MSC policies.
  • Do not flag a single violation multiple times, IP addresses are captured at the time of flagging.
  • Since flagging is a private matter, members should not discuss flags in any of MSC’s community spaces.
  • Flagging is confidential and anonymous.
  • If an image has been automatically deleted due to 5 members flagging the photo, this image should not be uploaded again.
  • Abuse of the flagging system by means of raising repeated, unjustified flags may result in the suspension and/or termination of your account.

Community Forum and Community Network

The MSC forum and network is a place for members to engage on all topics related to photography and the arts. The mediator’s decisions regarding usage are final. Keep the following pointers in mind when engaging on the forum:

  • Treat one another with respect. There is a real person behind each name.
  • Participants must be 18 years or older.
  • Knowingly harassing, insulting or abusing other members is unacceptable.
  • The community spaces are not the appropriate channel to express disputes with others.
  • Discussing a specific member (either by name or with identifiable hints) in a negative way is not allowed.
  • Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact MSC, or use the seller’s rating tool privately to rate the transaction.
  • Do not publicly post another person's private information without their explicit consent (for example: email, conversations, letters, phone numbers, addresses, full names or business transactions).
  • You may not use an undisclosed alternate account (also called a "sock puppet") in the community spaces.
  • Violating community policies may result in suspension of community or other privileges and/or account termination.

MSC has the right to remove any post or content at anytime and suspend or remove any participant from the platform without explanation or fore warning.

Membership

  • By joining MSC, you agree to abide by the policies outlined here and in our Terms of Use.
  • Usernames cannot be changed except in the event of documented legal action (such as trademark infringement) at MSC’s discretion. Choose your username carefully.
  • You may not use the word MyStockCollection in your username.
  • You must be at least 18 years of age to hold an account on MSC.
  • You may not use mature, profane or racist language or images in your username.
  • You may not use the public areas of MSC to demonstrate or discuss disputes.
  • You may not transfer ownership or sell your MSC account to another party.
  • You may not use MSC to direct buyers to another online selling venue to purchase the same items as listed in your MSC account. This includes posting links/ URLs or providing information sufficient to locate the other online venue(s).
  • A MSC account may not be used for the purpose of redirecting traffic to another web location. Please contact Support to have your account closed if you are no longer using it.
  • Keep your account information updated and accurate. Your account must have a valid email address at all times. MSC will use the email address on file in your account information to contact you when necessary.
  • MSC encourages all members to resolve their own disputes. As a venue, MSC cannot mediate disputes between members or other parties.

Members who do not comply with MSC policies may be subject to review, which can result in suspension of account privileges and/or termination. This includes all of your accounts by virtue of association. In other words, MSC reserves the right to suspend the use of the site for a person and all username(s) that they operate under. Suspended or terminated members remain obligated to pay MSC for all unpaid fees per our Terms of Use.

Multiple accounts

A member may have one wedding account and one standard MSC account validated with a separate email address

Having more than one account ("multiple accounts" or "alternate accounts") in the same category (i.e. wedding OR standard MSC interface) is not accepted at MSC. Keep in mind that information and accounts cannot be merged in any way, so if you change your mind later, you will not be able to transfer information (for example: listings, feedback, favourites or purchase history) from one account to another.

Transactions & Payments

The seller must set up a payment option during the member account setup. MSC is a PayPal partner and PayPal shall be the chosen transaction method. PayPal is the world leader in its field and has a very user-friendly interface and a good legal structure. 

The seller determines the price of their image or listings. Be realistic with your pricing to make your images desirable to buyers and MSC a competitive website. Many stock websites say they offer free photos as an advertising ploy, but do not actually offer anything of real value for free. Make MSC different. Offer as many photos as possible for free.

There is no commission payable on MSC. What money you make is your own and is paid directly to you. Merchant transaction fees do apply.

All sales or downloads will use the standard sales sequence offered by MSC, i.e. by clicking the “download” button an email invoice will be generated with all the sale information, which is sent to the seller and the buyer (if details are provided) for their records.

Any sales taking place not using the standard sales sequence, i.e. not using the “download” button, but using the “contact” button instead, will be done via direct negotiation between both interested parties. The buyer will then pay the seller the agreed price and the seller will be obligated to send the file via email. This option is used for deals involving non-standard license and sales conditions.

MSC is a platform, not a retailer; MSC’s role is to connect the buyer and the seller. When an order is placed on MSC, the buyer and the seller are entering into a direct transaction. MSC encourages the two parties to independently work through the transaction to completion. A transaction is created when a buyer completes the MSC checkout process. The seller and buyer will receive an email notification from MSC with information about the transaction, and this email shall serve as the invoice for both parties.

An independent transaction will be when the buyer and seller enter into negotiations and a sale takes place outside the MSC purchasing platform. This transaction will be considered complete when the buyer has paid and the seller has supplied the image. Payment is submitted directly to the seller.

Communication is the key to a smooth transaction which takes place outside the MSC shopping cart platform. All buyer questions regarding transactions, including payment arrangements and cancellations, should be directed to the seller.

Transaction policies for the seller with EXTENDED LICENSE AGREEMENT:

  • The seller must provide an image that matches the description of the image in the image display.
  • The seller is encouraged to select the refund option.

Transaction policies for the buyer of an image sold with EXTENDED LICENSE AGREEMENT:

  • The buyer must pay the seller directly.
  • The buyer must pay at the time the transaction is created.
  • The buyer is encouraged to rate the seller.
  • In the event of a dispute concerning the return of an image, the seller and the buyer shall negotiate to resolve the issue. MSC shall be contacted to mediate as a last resort. MSC findings around the dispute are final.
  • Members who do not comply with MSC policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay MSC for all unpaid fees.

1. Transaction Concerns or Disputes

MSC encourages all transactions and interactions to be carried out in a community spirit. MSC encourages the buyer and seller to resolve the situation through negotiation and communication, and to use MSC to mediate as a last resort. MSC findings will be final.

2. Feedback

MSC relies on buyers to submit fair and honest feedback. Feedback is a way to establish a reputation of trust for buyers, sellers and the MSC marketplace. For every transaction, the buyer and seller have the opportunity to submit a rating.

The buyer has the opportunity to submit feedback by making use of the seller’s rating interface. A valid invoice is required for this process. Consistency, fairness and honesty are critical to the integrity of the feedback system. Feedback directly affects a member's reputation, so we ask that users take it seriously.

  • Positive-rated feedback cannot be edited or removed after submission.
  • Negative -or neutral-rated feedback may be changed to a positive rating when both parties agree through a dispute resolution process.
  • The option to leave feedback for a cancelled transaction cannot be reinstated.
  • Feedback ratings, comments or images removed by MSC, under MSC’s discretion, cannot be reinstated or resubmitted.

Members may ask MSC to review the ratings for removal. Contact Support to request a rating review. MSC does not investigate the validity of opinions or ratings made in feedback or mediate feedback disputes. At MSC's discretion and without notice to both parties involved, ratings may be removed or altered by MSC in the following circumstances:

  • The member who submitted a negative or neutral rating requests removal and the request is deemed justified.
  • A negative or neutral rating was mistakenly submitted for a different transaction.
  • A negative or neutral feedback refers to an unrelated transaction.
  • A member is confused about how to use the rating system, resulting in unintended negative or neutral feedback.
  • MSC is provided with a valid court order requesting removal of the rating.

Members with low overall rating scores or members who have violated the above policies for feedback may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay MSC for all unpaid fees per our Terms of Use.

3. Non-Delivery through Independent Transactions

Non-delivery occurs when a seller does not or cannot provide an image after a transaction has been created and the buyer has sent payment to the seller.

Please note:

  • A buyer who paid a seller via PayPal may have a limited time frame in which to file a claim for refund of purchase under PayPal's policies.
  • The seller must supply the image within a reasonable amount of time, according to the transaction agreement or according to the terms negotiated via email.
  • The seller and buyer may be asked to provide MSC with proof of the email negotiations to resolve the dispute.
  • A seller, who fails to provide an image after payment or settle a disputed transaction in a reasonable manner, may be suspended. Members who do not comply with MSC policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay MSC for all unpaid fees.

4. Refusing Service

MSC encourages sellers to engage in clear and consistent communication, consider customer service best practices and honour transaction agreements. However, if a seller cannot complete a transaction due to an extraordinary circumstance, then the seller may refuse service to the buyer:

  • The seller must notify the buyer of refusal of service via email.
  • The seller can only refuse service prior to shipping.
  • If the buyer has already paid, then the seller must refund the buyer (price paid for item plus handling fees)
  • The seller may cancel the transaction when applicable (see Transaction cancellation).
  • Unless otherwise agreed or according to the seller's terms, a seller's refusal of service to a specific buyer is indefinite within that seller's MSC shop.

Members who abuse the privilege to refuse service may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay MSC for all unpaid fees per our Terms of Use.

5. Dissatisfaction with Image or Service

A buyer may not be completely satisfied with a purchase or transaction experience. MSC recommends that the buyer communicate with the seller via email to resolve the matter. MSC encourages buyers to submit fair, honest feedback (see Feedback). Sellers are encouraged to consider customer service best practices, such as:

  • The seller must accurately describe the item in the listing (see Listings and Selling).
  • The seller must comply with the transaction agreement.

In the event that the buyer receives an image that is significantly different from the original listing, the buyer may use the rating service offered by MSC to rate the seller on their conduct and service delivery. As a last resort buyers can contact MSC Support to report that the item is not as described. MSC relies on buyers to submit fair, honest feedback for sellers, in circumstances where the buyer is dissatisfied with an image or the seller's customer service.

Members who do not comply with MSC's policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay MSC for all unpaid fees per our Terms of Use.

Members who abuse the privilege to cancel transactions may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay MSC for all unpaid fees per our Terms of Use.

Mature content

MSC aims to maintain a marketplace appropriate for general audiences, therefore the use of mature content must comply with the following policies:

  • Mature content is defined as: visual depiction of male or female genitalia, sexual activity or content, profane language or graphic violence. Mature content listings will remain in all MSC searches by default; users can restrict results by using the exclusionary search term "-mature" ("opt-out" search status).
  • Item listings containing mature content must be tagged with "mature" and include the word "mature" in the item title.
  • Mature content and/or profane language or images are not allowed in your username, profile, item titles or tags.
  • The first thumbnail image in your item listing should be kept appropriate for general audiences; additional images in the listing may show the item in its entirety. Mature content and/or profane language or images are only allowed in the second, third, fourth and fifth photos of an item listing and the description text of a listing.
  • Pornography is prohibited on MSC.

Listings that do not comply with MSC's policies may be reported for review (see Flagging).

Members who do not comply with MSC's policies may be subject to review, which can result in suspension of account privileges and/or termination. If MSC removes an item listing for violating MSC policy, the seller is still obligated to pay the listing fee for that item.

Suspended or terminated members remain obligated to pay MSC for all unpaid fees per our Terms of Use.

Even beyond these standards, MSC members are responsible for making important moral or ethical decisions regarding what they buy and sell on MSC.

We reserve the right to remove listings that we determine are not within the spirit of MSC. Such listings will be removed from the site, and the member's selling privileges may be suspended and/or terminated.

Mystockcollection (PTY) LTD
25 Waterhouse rd Bluff Durban SA

+27 319400855

admin@mystockcollection.com

www.mystockcollection.com

Privacy Policy

For each visitor to our Web page, our Web server automatically recognizes only the consumer’s domain name, but not the e-mail address.

We collect only the domain name, but not the e-mail address of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, and information provided by visitors including telephone number, name, home address, company name, company address, and company information.

The information we collect is used to improve the content of our Web page, used by us to contact consumers for marketing purposes, disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Website and applicable laws or to protect against misuse or unauthorized use of our Website.

With respect to cookies: We use cookies to track where visitors come from in order to compensate our referral partners.

If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address.

If you supply us with your postal address on-line you will only receive the information for which you provided us your address.

Persons who supply us with their telephone numbers on-line may receive telephone contact from us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by calling us at the above telephone number. Please provide us with your name and phone number. We will be sure your name is removed from the list.

With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.

Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address.

Upon request we provide site visitors with access to unique identifier information (e.g., customer number or password) that we maintain about them, contact information (e.g., name, address, phone number) that we maintain about them , and a description of information that we maintain about them.

Consumers can access this information by sending us e-mail at the above address.

Consumers can have this information corrected by sending us e-mail at the above address.

With respect to security: When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a 3rd party secure server.   We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

If you feel that this site is not following its stated information policy, you may contact us at admin@mystockcollection.com