TERMS AND CONDITIONS
His Creation Stock
Digital Stock Footage Licensing Platform
1. INTRODUCTION AND ACCEPTANCE OF TERMS
These Terms and Conditions (“Terms,” “Agreement”) constitute a legally binding agreement between His Creation Stock, a business entity located at 2282 TV Tower Road, Parrott, GA 39877 (“Company,” “we,” “us,” or “our”), and you (“User,” “Customer,” or “you”) regarding your use of our digital stock footage licensing platform located at hiscreationstock.com (the “Platform” or “Service”). By accessing, browsing, or using our Platform in any manner, including but not limited to creating an account, downloading content, making purchases, or subscribing to our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. Your electronic acceptance of these Terms, whether through clicking an “I Agree” button, checking a box, completing a registration process, or continuing to use our Service, constitutes your legally binding electronic signature under the Georgia Uniform Electronic Transactions Act (O.C.G.A. § 10-12-1 et seq.) and creates an enforceable contract between you and the Company. If you do not agree to these Terms in their entirety, you must immediately cease all use of our Platform and services. Your continued use of the Platform after any modifications to these Terms constitutes your acceptance of such modifications. These Terms apply to all users of the Platform, including without limitation browsers, vendors, customers, merchants, and contributors of content. The Company reserves the right to refuse service to anyone for any reason at any time, subject to applicable law.
2. DEFINITIONS
For purposes of these Terms, the following definitions shall apply: “Account” means the user account you create to access and use our Platform and services. “Content” means all video clips, digital stock footage, metadata, descriptions, previews, and any other materials made available through our Platform. “License” means the specific rights granted to you to use our Content as set forth in these Terms and the applicable license type you purchase. “Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with a particular individual, including but not limited to names, email addresses, physical addresses, payment information, and usage data. “Platform” means the hiscreationstock.com website and all related services, applications, and technologies operated by the Company. “Rights-Managed License” means a license that grants specific, limited usage rights for Content based on factors such as duration, territory, media type, and exclusivity, with pricing determined by the scope of intended use. “Royalty-Free License” means a license that grants broad usage rights for Content upon payment of a one-time fee, allowing multiple uses without additional royalty payments, subject to the restrictions set forth in these Terms. “Subscription” means a recurring payment plan that provides ongoing access to our Platform and Content for a specified period. “User-Generated Content” means any content, including but not limited to comments, reviews, feedback, suggestions, or other materials, that you submit, upload, or otherwise provide to our Platform.
3. USER ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 Age Requirement
Our Platform and services are intended solely for users who are eighteen (18) years of age or older. By using our Platform, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into this Agreement. We do not knowingly collect personal information from individuals under the age of eighteen (18), and if we become aware that we have inadvertently collected such information, we will take steps to delete it promptly.
3.2 Account Registration
To access certain features of our Platform and to purchase or license Content, you must create an account by providing accurate, current, and complete information as prompted by our registration process. You agree to:
(a) Provide true, accurate, current, and complete information about yourself as prompted by the registration form;
(b) Maintain and promptly update your account information to keep it accurate, current, and complete;
(c) Maintain the security and confidentiality of your account credentials;
(d) Accept all responsibility for all activities that occur under your account;
(e) Immediately notify us of any unauthorized use of your account or any other breach of security.
3.3 Account Responsibilities
You are solely responsible for all activities conducted through your account, whether authorized by you or not. You agree to immediately notify the Company of any unauthorized use of your account or password, or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations.
3.4 Account Termination
The Company reserves the right to suspend or terminate your account at any time, with or without cause and with or without notice, if we believe you have violated these Terms or engaged in conduct that we deem inappropriate or harmful to our Platform, other users, or third parties.
4. SERVICES AND LICENSE GRANT
4.1 Platform Services
The Company operates a digital stock footage licensing platform that provides users with access to a library of video clips for licensing and download. Our Platform allows users to search, preview, license, and download video content for use in their projects, subject to the terms and restrictions set forth herein.
4.2 License Grant
Subject to your compliance with these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable license to use the Content you license from our Platform in accordance with the specific license type you purchase and the restrictions set forth in these Terms.
4.3 License Scope
The rights granted to you are limited to the specific Content you license and the particular license type you purchase. Each license is personal to you and may not be transferred, assigned, or sublicensed to any third party without our express written consent. The license does not grant you any ownership rights in the Content, and all rights not expressly granted to you are reserved by the Company and the respective content creators.
4.4 Content Availability
While we strive to maintain the availability of Content on our Platform, we do not guarantee that any particular Content will remain available for licensing at any given time. We reserve the right to remove, modify, or discontinue any Content from our Platform at any time without notice.
5. LICENSE TYPES AND RESTRICTIONS
5.1 Royalty-Free License
Our Royalty-Free License grants you broad usage rights for the licensed Content upon payment of a one-time fee. Under this license type, you may:
(a) Use the Content in multiple projects without additional royalty payments;
(b) Use the Content for commercial and non-commercial purposes;
(c) Modify, edit, and incorporate the Content into your projects;
(d) Use the Content in perpetuity, subject to the restrictions in these Terms.
The Royalty-Free License does not grant you exclusive rights to the Content, and the same Content may be licensed to other users.
5.2 Rights-Managed License
Our Rights-Managed License grants specific, limited usage rights based on your intended use of the Content. The scope of rights and pricing are determined by factors including:
(a) Duration of use;
(b) Geographic territory;
(c) Media type and distribution channels;
(d) Exclusivity requirements;
(e) Size and prominence of use.
Rights-Managed licenses are tailored to your specific project requirements and may include exclusive usage rights for the specified parameters.
5.3 General License Restrictions
Regardless of license type, all licenses are subject to the following restrictions:
(a) You may not use the Content in a manner that suggests endorsement by the Company or content creators;
(b) You may not use the Content in connection with sensitive, controversial, or potentially defamatory subject matter without additional clearances;
(c) You may not register, claim ownership of, or attempt to obtain intellectual property rights in the Content;
(d) You may not use the Content as part of a trademark, service mark, or logo;
(e) You may not make the Content available for download or use by third parties as standalone files.
6. PROHIBITED USES
You expressly agree that you will not use the licensed Content for any of the following prohibited purposes:
6.1 Resale and Redistribution
You may not resell, redistribute, share, or otherwise make available the raw footage files to any third party. This prohibition includes but is not limited to:
(a) Selling or licensing the Content to third parties as stock footage;
(b) Including the Content in any stock footage library or collection;
(c) Sharing login credentials or downloaded files with others;
(d) Creating derivative stock footage products using our Content;
(e) Sublicensing the Content to third parties.
6.2 Pornographic Content
You may not use the Content in any pornographic, sexually explicit, or adult entertainment context, including but not limited to:
(a) Adult websites or publications;
(b) Sexually explicit advertisements or marketing materials;
(c) Pornographic films, videos, or other media;
(d) Any content intended primarily for sexual arousal or gratification.
6.3 Defamatory Use
You may not use the Content in any defamatory manner, including but not limited to:
(a) Creating false or misleading associations with individuals, companies, or organizations;
(b) Using the Content to disparage, libel, or slander any person or entity;
(c) Implying endorsement, sponsorship, or affiliation without proper authorization;
(d) Creating content that could damage the reputation of identifiable persons or entities.
6.4 Illegal Activities
You may not use the Content in connection with any illegal activities or for any unlawful purpose, including but not limited to:
(a) Promoting illegal products, services, or activities;
(b) Violating any applicable local, state, federal, or international laws or regulations;
(c) Infringing upon the intellectual property rights of third parties;
(d) Engaging in fraudulent, deceptive, or misleading practices;
(e) Promoting hate speech, violence, or discrimination.
6.5 Additional Prohibited Uses
You further agree not to:
(a) Use the Content in a manner that violates the rights of any third party;
(b) Use the Content for political campaigns or endorsements without proper clearances;
(c) Use the Content in connection with tobacco, alcohol, or pharmaceutical advertising where restricted by law;
(d) Reverse engineer, decompile, or attempt to extract source files from the Content;
(e) Remove, alter, or obscure any copyright notices, watermarks, or other proprietary markings.
7. PAYMENT TERMS AND SUBSCRIPTION SERVICES
7.1 Pricing and Fees
Current pricing for our services is as follows:
(a) Single Content License: $10.00 per license
(b) Monthly Subscription: $40.00 per month
All prices are stated in United States Dollars (USD) and are subject to change upon thirty (30) days’ notice. Pricing may vary based on license type, Content specifications, and promotional offers.
7.2 Payment Methods
We accept the following payment methods:
(a) Major credit cards (Visa, MasterCard, American Express, Discover);
(b) PayPal payments;
(c) Stripe payment processing;
(d) Other digital payment methods as made available on our Platform.
By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the applicable fees to your chosen payment method.
7.3 Subscription Services and Automatic Renewal
Our monthly subscription service operates on an automatic renewal basis. By subscribing to our service, you acknowledge and agree to the following terms:
IMPORTANT NOTICE: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH AND YOUR PAYMENT METHOD WILL BE CHARGED THE MONTHLY SUBSCRIPTION FEE UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE.
(a) Automatic Renewal: Your subscription will automatically renew for successive monthly periods unless you cancel your subscription before the current billing period expires;
(b) Billing: Your designated payment method will be automatically charged the monthly subscription fee on the same date each month that your subscription began;
(c) Cancellation: You may cancel your subscription at any time by accessing your account settings on our Platform or by contacting our customer service. Cancellation must be completed before 11:59 PM Eastern Time on the day before your next billing date to avoid charges for the next billing period;
(d) No Refunds: Subscription fees are non-refundable, and cancellation will take effect at the end of your current billing period;
(e) Price Changes: We may change subscription pricing with thirty (30) days’ advance notice, and continued use of the service after such notice constitutes acceptance of the new pricing. This automatic renewal disclosure complies with the requirements of FTC Act Section 5 (15 U.S.C. § 45) regarding clear and conspicuous disclosure of material terms.
7.4 Payment Processing and Chargebacks Payment processing is handled through secure third-party payment processors. We follow standard chargeback procedures as established by credit card companies and payment processors. In the event of a chargeback or payment dispute:
(a) We will provide documentation to support the legitimacy of the charge;
(b) Your account may be suspended pending resolution of the dispute;
(c) You remain responsible for any fees or costs associated with illegitimate chargebacks;
(d) Repeated chargebacks may result in account termination.
7.5 No Refunds Policy
ALL SALES ARE FINAL. We do not offer refunds or returns for any purchases, including but not limited to:
(a) Individual Content licenses;
(b) Subscription fees;
(c) Promotional or discounted purchases;
(d) Accidental or duplicate purchases.
This no-refunds policy applies regardless of whether you use the licensed Content or are satisfied with your purchase. By making a purchase, you acknowledge and agree to this policy.
7.6 Taxes
You are responsible for all applicable taxes, duties, and assessments related to your use of our Platform and purchase of our services. Prices displayed on our Platform do not include applicable taxes unless specifically stated otherwise.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Company Intellectual Property
The Platform and all Content, including but not limited to video clips, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are the property of the Company, our content creators, or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
8.2 Content Ownership
The Company and our content creators retain all right, title, and interest in and to the Content available on our Platform. The licenses granted to you under these Terms do not transfer any ownership rights in the Content to you. All rights not expressly granted to you are reserved by the Company and the respective content creators.
8.3 Platform Protection
The design, structure, selection, coordination, expression, look and feel, and arrangement of the Platform are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained fromthe Platform without our express written consent.
8.4 Trademark Rights
His Creation Stock and our logo are trademarks of the Company. You may not use our trademarks without our prior written consent. All other trademarks, service marks, and trade names that appear on the Platform are the property of their respective owners.
8.5 Copyright Infringement Claims
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied and is accessible on our Platform in a way that constitutes copyright infringement, please refer to Section 11 (DMCA and Copyright Compliance) for our procedures regarding copyright infringement claims.
9. USER-GENERATED CONTENT
9.1 User Content License
By submitting, uploading, posting, or otherwise providing any User-Generated Content to our Platform, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such User-Generated Content in connection with our Platform and business operations, including but not limited to:
(a) Displaying your content on our Platform;
(b) Using your content for marketing and promotional purposes;
(c) Modifying or editing your content for technical or editorial purposes;
(d) Creating derivative works based on your content;
(e) Distributing your content through various media channels.
9.2 Content Moderation Rights
The Company reserves the right, but assumes no obligation, to monitor, edit, or remove any User-Generated Content at our sole discretion. We may remove or modify User-Generated Content that we determine, in our sole judgment:
(a) Violates these Terms or our community guidelines;
(b) Is inappropriate, offensive, or objectionable;
(c) Infringes upon the rights of third parties;
(d) Contains spam, advertising, or promotional content;
(e) Is technically incompatible with our Platform;
(f) Poses security or legal risks to our Platform or users.
9.3 User Representations and Warranties
By submitting User-Generated Content, you represent and warrant that:
(a) You own or have the necessary rights and permissions to grant the license set forth above;
(b) Your content does not infringe upon the intellectual property rights of any third party;
(c) Your content does not violate any applicable laws or regulations;
(d) Your content is not defamatory, libelous, or otherwise harmful to any person or entity;
(e) You have obtained all necessary consents and releases from any individuals featured in your content.
9.4 Content Responsibility
You are solely responsible for your User-Generated Content and the consequences of posting or publishing it. The Company does not endorse any User-Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User-Generated Content.
10. PRIVACY AND DATA COLLECTION
10.1 Information Collection
In connection with your use of our Platform, we collect and process various types of Personal Information, including but not limited to:
(a) Account Information: Names, email addresses, usernames, and passwords;
(b) Contact Information: Physical addresses, phone numbers, and other contact details;
(c) Payment Information: Credit card numbers, billing addresses, and payment processing data;
(d) Usage Information: Information about how you use our Platform, including pages visited, content accessed, and user preferences;
(e) Technical Information: IP addresses, browser types, device information, and other technical data.
10.2 Use of Information
We use the collected Personal Information for various purposes, including:
(a) Providing and maintaining our Platform and services;
(b) Processing payments and managing subscriptions;
(c) Communicating with you about your account and our services;
(d) Improving our Platform and developing new features;
(e) Complying with legal obligations and protecting our rights;
(f) Marketing and promotional activities (with your consent where required).
10.3 Data Retention
We will retain your Personal Information for as long as necessary to fulfill the purposes outlined in these Terms and our Privacy Policy. Specifically:
(a) Account information will be retained for the duration of your account and for three (3) years after subscription cancellation or account termination;
(b) Transaction records will be retained for three (3) years after the completion of the transaction;
(c) Usage and technical information may be retained for analytical purposes in accordance with our data retention policies;
(d) We may retain certain information for longer periods as required by law or to protect our legal rights.
10.4 Data Security
We implement appropriate technical and organizational measures to protect your Personal Information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
10.5 Third-Party Services
Our Platform may integrate with third-party services for payment processing, analytics, and other functions. These third parties may collect and process your information in accordance with their own privacy policies. We encourage you to review the privacy policies of any third-party services you interact with through our Platform.
10.6 Privacy Policy
Our collection, use, and protection of your Personal Information is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our privacy practices.
11. DMCA AND COPYRIGHT COMPLIANCE
11.1 DMCA Policy
The Company respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). We will respond to valid notices of alleged copyright infringement and will terminate the accounts of repeat infringers in appropriate circumstances.
11.2 Notice of Infringement
If you believe that your copyrighted work has been copied and is accessible on our Platform in a way that constitutes copyright infringement, you may submit a notice of infringement containing the following information:
(a) A physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
(d) Your contact information, including address, telephone number, and email address;
(e) A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
11.3 Designated Agent
Notices of infringement should be sent to our designated DMCA agent at:
support@hiscreationstock.com
11.4 Counter-Notification
If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification containing:
(a) Your physical or electronic signature;
(b) Identification of the material that was removed and the location where it appeared;
(c) A statement under penalty of perjury that you have a good faith belief that the material was removed by mistake ormisidentification;
(d) Your contact information and a statement that you consent to jurisdiction of the federal district court in your location.
11.5 Safe Harbor Compliance
We qualify for safe harbor protection under the DMCA for user-generated content posted on our Platform. We will expeditiously remove or disable access to allegedly infringing material upon receipt of a valid takedown notice and will restore material upon receipt of a valid counter-notification, subject to the procedures set forth in the DMCA.
12. LIMITATION OF LIABILITY
12.1 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR PLATFORM AND ALL CONTENT AND SERVICES PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
12.2 Limitation of Liability
EXCEPT FOR CLAIMS ARISING FROM GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY THE COMPANY, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Cap on Direct Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100).
12.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU, AND THAT THE COMPANY WOULD NOT PROVIDE THE PLATFORM OR ENTER INTO THESE TERMS WITHOUT SUCH LIMITATIONS.
12.5 Applicable Law
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
13. INDEMNIFICATION
13.1 User Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, suppliers, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney’s fees and costs) arising from or relating to:
(a) Your use of the Platform or Content in violation of these Terms;
(b) Your User-Generated Content or any content you submit to the Platform;
(c) Your violation of any third-party rights, including but not limited to intellectual property, privacy, or publicity rights;
(d) Your violation of any applicable laws or regulations;
(e) Any false, inaccurate, or misleading information you provide to the Company;
(f) Your negligent or wrongful conduct in connection with your use of the Platform.
13.2 Procedure
The Company will provide you with written notice of any claim subject to indemnification and will allow you to control the defense and settlement of such claim, provided that:
(a) You may not settle any claim without the Company’s prior written consent if such settlement would impose any obligation on the Company or admit any liability on behalf of the Company;
(b) The Company reserves the right to participate in the defense of any claim with counsel of its own choosing at its own expense;
(c) You must keep the Company reasonably informed of the progress of any defense or settlement negotiations.
13.3 Company Indemnification
The Company agrees to defend, indemnify, and hold you harmless from any third-party claims that the Content you properly license from our Platform infringes any copyright, provided that:
(a) You promptly notify the Company in writing of any such claim;
(b) You grant the Company sole control of the defense and settlement of such claim;
(c) You provide reasonable cooperation in the defense of such claim;
(d) Your use of the Content complies with these Terms and the applicable license restrictions.
14. TERMINATION OF SERVICES
14.1 Termination by User
You may terminate your account and discontinue use of our Platform at any time by:
(a) Canceling your subscription through your account settings;
(b) Contacting our customer service to request account closure;
(c) Ceasing all use of the Platform and services.
Upon termination by you, your access to the Platform will cease, but these Terms will continue to apply to your prior use of the Platform and any Content you licensed prior to termination.
14.2 Termination by Company
The Company may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to:
(a) Breach of these Terms or any applicable policies;
(b) Fraudulent, abusive, or illegal activity;
(c) Non-payment of fees or charges;
(d) Extended periods of inactivity;
(e) At our sole discretion for any reason or no reason.
14.3 Effect of Termination
Upon termination of your account:
(a) Your right to access and use the Platform will immediately cease;
(b) All licenses granted to you under these Terms will remain in effect for Content properly licensed prior to termination;
(c) You will remain liable for all charges incurred prior to termination;
(d) Sections of these Terms that by their nature should survive termination will continue in effect, including but not limited to intellectual property rights, limitation of liability, indemnification, and dispute resolution provisions.
14.4 Data Retention After Termination
Following termination, we will retain your Personal Information and transaction records for three (3) years as specified in Section 10.3, after which such information will be deleted or anonymized in accordance with our data retention policies and applicable law.
15. DISPUTE RESOLUTION AND BINDING ARBITRATION
15.1 Mandatory Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED. Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Platform, or your relationship with the Company (collectively, “Disputes”) shall be resolved exclusively through binding arbitration rather than in court, except as otherwise provided in this Section.
15.2 Arbitration Rules and Procedures
Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time the arbitration is commenced. The arbitration will be conducted by a single arbitrator selected in accordance with AAA rules. The arbitration will take place in Parrott, Georgia, or by telephone or video conference if agreed to by both parties.
15.3 Arbitration Costs
Each party will bear its own costs and attorney’s fees in arbitration, except that the Company will pay the arbitrator’s fees and administrative costs if required by applicable law or AAA rules. If you demonstrate that the costs of arbitration will be prohibitive compared to litigation costs, the Company will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
15.4 Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
15.5 Exceptions to Arbitration
Notwithstanding the foregoing, the following disputes are not subject to arbitration:
(a) Disputes relating to the enforcement or validity of intellectual property rights;
(b) Small claims court actions that fall within the jurisdiction and procedural requirements of small claims court;
(c) Claims for injunctive or equitable relief to prevent unauthorized use of the Platform or infringement of intellectual property rights.
15.6 Governing Law
This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the Georgia Arbitration Code (O.C.G.A. § 9-9-1 et seq.). Notwithstanding any choice of law provision in these Terms, the arbitrator shall apply substantive Georgia law to all disputes, except that this arbitration provision shall be governed by federal law.
15.7 Severability of Arbitration Provision
If any portion of this arbitration provision is deemed invalid or unenforceable, the remainder of this arbitration provision shall remain in effect. However, if the class action waiver is deemed invalid or unenforceable, the entire arbitration provision shall be null and void, and any dispute shall be resolved in court.
15.8 Opt-Out Right
You may opt out of this arbitration provision by sending written notice to the Company within thirty (30) days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision. Opt-out notices should be sent to: legal@hiscreationstock.com.
16. FORCE MAJEURE
16.1 Force Majeure Events
Neither party shall be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, quarantine, epidemics, pandemics, government orders or restrictions, strikes, lockouts or labor difficulties, or any other cause beyond the reasonable control of such party (each, a “Force Majeure Event”).
16.2 Notice and Mitigation
The party affected by a Force Majeure Event shall:
(a) Promptly notify the other party in writing of the Force Majeure Event and its expected duration;
(b) Use commercially reasonable efforts to mitigate the effects of the Force Majeure Event;
(c) Resume performance as soon as reasonably practicable after the Force Majeure Event ceases.
16.3 Extended Force Majeure
If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate these Terms upon written notice to the other party. In such event, neither party shall have any liability to the other party except for obligations that accrued prior to such termination.
16.4 No Excuse for Payment Obligations
Notwithstanding the foregoing, a Force Majeure Event shall not excuse your obligation to make payments for services already rendered or Content already licensed prior to the occurrence of the Force Majeure Event.
17. MODIFICATION OF TERMS
17.1 Right to Modify
The Company reserves the right to modify, update, or revise these Terms at any time in its sole discretion. We will provide notice of material changes to these Terms by:
(a) Posting the updated Terms on our Platform with a new “Last Updated” date;
(b) Sending notice to the email address associated with your account at least thirty (30) days before the changes take effect;
(c) Displaying a prominent notice on our Platform regarding the changes.
17.2 Acceptance of Modifications
Your continued use of the Platform after the effective date of any modifications to these Terms constitutes your acceptance of such modifications. If you do not agree to the modified Terms, you must discontinue use of the Platform and may terminate your account in accordance with Section 14.1.
17.3 Material Changes
For purposes of this Section, “material changes” include but are not limited to:
(a) Changes to pricing or payment terms;
(b) Modifications to license grants or restrictions;
(c) Changes to dispute resolution procedures;
(d) Alterations to limitation of liability provisions;
(e) Modifications to data collection or privacy practices.
17.4 No Waiver
Our failure to enforce any provision of these Terms or to exercise any right or remedy available to us shall not constitute a waiver of such provision, right, or remedy, or any other provision, right, or remedy.
18. GOVERNING LAW AND JURISDICTION
18.1 Governing Law
These Terms and any disputes arising out of or relating to these Terms or your use of the Platform shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.
18.2 Jurisdiction and Venue
Subject to the arbitration provisions in Section 15, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Parrott, Georgia, and you hereby consent to the personal jurisdiction and venue of such courts.
18.3 Waiver of Jury Trial
TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE
PLATFORM.
19. GENERAL PROVISIONS
19.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to the subject matter hereof.
19.2 Severability
If any provision of these Terms, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of these Terms shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from these Terms. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.
19.3 Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment, transfer, or delegation without such consent shall be null and void. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
19.4 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
19.5 Headings
The headings and captions used in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.
19.6 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by the Company to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19.7 Survival
The following sections shall survive termination of these Terms: Sections 2 (Definitions), 8 (Intellectual Property Rights), 12 (Limitation of Liability), 13 (Indemnification), 15 (Dispute Resolution and Binding Arbitration), 18 (Governing Law and Jurisdiction), and 19 (General Provisions).
19.8 Contact Information
If you have any questions about these Terms or need to contact us for any reason, please reach out to us at:
His Creation Stock. 2
282 TV Tower Road
Parrott, GA 39877
Email: legal@hiscreationstock.com
19.9 Electronic Communications
By using our Platform, you consent to receive communications from us electronically, including but not limited to emails, text messages, and notices posted on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19.10 Language
These Terms are written in English. Any translation of these Terms into another language is provided for convenience only, and the English version shall control in the event of any conflict or inconsistency.
LAST UPDATED: 2026
By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
