Essentials Plan Agreement

Essentials Plan

1. Free Trial. If your Essentials Plan begins with a free trial period, your plan will automatically renew into a paid plan unless you cancel the free trial before the end of the free trial period. If you do not cancel before the end of your free trial period, your paid subscription will automatically start following the end of your free trial period. You can cancel during your free trial period from your Account Plans page.

2. Automatic Renewal. Following the expiration of your Essentials Plan, such plan will automatically renew on the same terms as your original plan purchase. You can disable automatic renewal at any time prior to renewal using your account settings on your Account Plans page. You expressly grant Shutterstock the right to charge you for each automatic renewal of your Essentials Plan until you timely disable automatic renewal.

3. If you subscribe to a Essentials Plan with an annual commitment, your plan will continue for a 12-month annual commitment. Please visit your Account Plans page to contact Shutterstock support for early cancellation options.

4. To cancel your Essentials Plan or to disable automatic renewal, please visit your Account Plans page.

The fees charged by Shutterstock are exclusive of taxes, and all such taxes, direct or indirect, shall be in addition to any fees related to the products you are buying. If Shutterstock is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Shutterstock or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.

Discount Offers

1. Your Essentials Plan allows you to license Shutterstock Content at a discounted Essentials Plan price through supported products. Supported products include individual Shutterstock image, footage, and music downloads.

2. Your Essentials Plan allows you to license Shutterstock Content at a discounted Essentials Plan price through supported products. Supported products include individual Shutterstock image, footage, and music downloads.

3. Essentials Plan discounted rates are only available when logged in through your participating Essentials Plan account.

4. Essentials Plan discounts may not be combined with other discounts or promotions.

Content Licenses. All Content licensed through the Shutterstock platform is governed by the terms of the applicable license set forth in the TOS.

Software Services. Your Essentials Plan may provide access to Shutterstock software services (the “Services”). Shutterstock grants you a non-exclusive, non-transferable right to access and use the Services during the term of your Essentials Plan subscription, solely for use by you in accordance with the terms and conditions of the Software-as-a-Service Terms available at https://www.shutterstock.com/license/saas (“SaaS Terms”) and incorporated herein.

Arbitration.

1. As set forth in the TOS, Any controversy or claim arising out of or relating to your Essential Plan, this Essentials Plan Agreement, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the location set forth in section 5.24 of the TOS. The language of the arbitration shall be English. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from Customer’s alleged failure to pay fees due to Shutterstock. This arbitration provision will survive termination of this Essentials Plan Agreement.

2. YOU AND SHUTTERSTOCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Shutterstock agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Shutterstock acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this Essentials Plan Agreement.

3. If a court decides that applicable law precludes enforcement of any of the limitations in this section 6 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Additional Terms

1. Except when required by law, Shutterstock shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your Essentials Plan is terminated before its expiration. You authorize Shutterstock to charge you all subscription fees for the duration of the term agreed to at the time of purchase. In the event that Shutterstock determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. If you reside in the European Union and you cancel your Essentials Plan within fourteen (14) days of making payment to Shutterstock, provided that you have not yet purchased, downloaded or licensed any Content, Shutterstock, will refund the payment made by you in connection with such cancelled account.

2. This Essentials Plan Agreement and the TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. This Essential Plan Agreement and the TOS are governed by and shall be construed in accordance with the laws of the applicable jurisdiction set forth in Section 5.24 of the TOS, without respect to its conflict of laws principles. In the event of any conflict between this Essentials Plan Agreement and the TOS, this Essentials Plan Agreement shall control.

3. Shutterstock reserves the right to modify this Essentials Plan Agreement at any time in its sole discretion. Prior to such changes becoming effective, Shutterstock will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your Shutterstock account, an announcement on this page, your login page, and/or by other means. Modifications to this Essentials Plan Agreement will only apply to prospective purchases (including any automated renewals). By purchasing Essentials Plan following any such modifications, you agree to be bound to the this Essentials Plan Agreement as modified.

4. It is expressly understood and agreed that this Essentials Plan Agreement is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this Essentials Plan Agreement as to third parties.

5. Neither Shutterstock nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Essentials Plan, Shutterstock's breach of this agreement, or otherwise, unless expressly provided for herein, even if Shutterstock has been advised of the possibility of such damages, costs or losses.

Shutterstock contracting party and choice of law.Your country of residence is the same as your billing address, as same is provided by you to Shutterstock in connection with your account. The Shutterstock contracting party, Choice of Law, and Arbitration location are the same for this Essentials Plan Agreement as those set forth in section 5.24 of the TOS.