Terms and Conditions of Use

Updated March 18, 2024

Welcome and thank you for visiting our Site! 

Shrock Media, LLC allows content creators (“Creators”) the opportunity to upload, share, and license their original videos and content (collectively, “Content”) to third parties who have an interest in using this Content for their own projects (the “Service”). 

We stand behind our Service and want you to be satisfied with your experience. We make every effort to allow you to offer your Content to others. However, we make no guarantees as to the availability of that Content to third parties, or any revenue that may be generated from offering your Content for license. Your revenue is solely dependent on the specific Content submitted and the usage of such Content by third parties. 

 

Acceptance of Terms

Shrock Media provides its Site and Service to you subject to the following Terms and Conditions of Use, the Agreement and the Privacy Policy found on this Site (collectively, the “Terms”). These Terms make up the entire agreement between you and Shrock Media regarding your use of the Site and/or the Service. 

Your access to, and use of, the Site and/or the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site and/or the Service (“Users”). If you disagree with any part of these Terms, you may not access any part of the Site or the Service. 

Your affirmative act of using the Site and/or Service and/or creating an account with Shrock Media constitutes your electronic signature and consent to enter into this Agreement, which includes our Privacy Policy, and other additional terms. Further, by accessing and using our Site and/or the Service, you confirm that you are at least 18 years of age, and you agree to be bound by these Terms. They supersede any prior agreements.

If your account was previously disabled your account for violating these Terms, any of our policies or for legal reasons, you may not create a new account without our express written permission, which is provided at our sole discretion, and may be denied for any reason. 

In using our Service, you agree not to scrape, collect, search, copy or otherwise access data or content from our Site or Shrock Media in unauthorized ways, such as by using automated means (without our express prior permission), or access or attempt to access data you do not have permission to access. 

You may not use, access, download, or otherwise make available the Site and/or the Service (including related software), except as authorized by applicable trade restrictions, including but not limited to US, EU and UK sanctions and export controls. You agree not to use the Site and/or the Service for any purpose prohibited by applicable trade restrictions.

Any use of this Site and/or the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Shrock Media and its officers, directors, and other agents are the sole interpreter of the Site, and the Terms and Guidelines detailed herein. 

We work constantly to improve our Site and the Service. As a result, we may need to update these Terms from time to time to accurately reflect our Service and practices, to promote a safe and secure experience with our Site and/or the Service, and/or to comply with applicable law. Shrock Media reserves the right to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check this page periodically. Your continued use of our Site and/or Service after the posting of any changes serves as your acceptance of those changes.

 

 Shrock Media Intellectual Property

“Intellectual Property Rights” means all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. All intellectual property rights not expressly granted are reserved and protected by infringement by state and federal laws, and international legislations and treaties.

You acknowledge and agree that, as between you and us, Shrock Media owns all right, title and interest in and to SHROCK MEDIA and all Intellectual Property Rights as defined below (including but not limited to the copyrights, trademarks and patents) (the “Shrock Media IP”) and you must not use any of the Shrock Media IP, except as necessary for your permitted use of our Site and/or Service. 

The Shrock Media name, logo, trademark and trade dress (collectively “Shrock Media “Marks”) may not be used in connection with any product or service that is not offered by Shrock Media in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Shrock Media Marks or Shrock Media. You may not use the Shrock Media Marks or name, or any other proprietary graphic or trademark without express written permission.

All other trademarks not owned by Shrock Media or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Shrock Media or its subsidiaries.

You agree that all content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Shrock Media or its content suppliers and is protected by national and international copyright laws. The compilation of all content on this Site is the exclusive property of Shrock Media with copyright authorship for this collection by Shrock Media, and is protected by U.S. and international copyright laws.

You agree to not remove, obscure, or alter Shrock Media’s copyright notice, trademarks or other proprietary rights notices affixed to, or contained within, or accessed in conjunction with, or through the use of Shrock Media’s online platform or website.

If you use Shrock Media IP in breach of these Terms, your right to use our Site and/or Service will terminate immediately and you must, at our option, return or destroy any copies of the Shrock Media IP you have made. No right, title or interest in or to Shrock Media or any Shrock Media IP is transferred to you under these Terms, and we reserve all rights not expressly granted.

 

Our Service and License to Use

Shrock Media is thrilled to offer the opportunity for Creators of video content to upload, share and license their works. We look forward to providing you with this Service, and look forward to seeing many of our Creators successfully licensing their Content.

Subject to your compliance with these Terms and our policies, Shrock Media grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Site and/or Service as contemplated under these Terms and our policies (the “License”). You may not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Shrock Media. 

You may not permit our Service to be used by or for the benefit of unauthorized third parties. Nothing in these Terms will be construed to grant you any right to transfer or assign rights to access or use our Site and/or Service. All rights not expressly granted to you are reserved by us and our licensors. 

Except as expressly stated in these Terms, we (and our third-party content providers, if any) reserve all rights to all materials and information on the Site and Service, including, without limitation, written content, graphical and design elements (including the Site’s “look and feel”), and service marks and trademarks. You may not sell, transfer, or assign any information, content, products, or services provided by us to any third party without our express written consent. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) any content made available through the Site. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms or by applicable law. You acknowledge and agree that these Terms in no way convey any right, title, or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.

This License does not include any resale or commercial use of this Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Shrock Media. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shrock Media and/or our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Shrock Media IP without the express written consent of Shrock Media. Any unauthorized use terminates the permission or License granted by Shrock Media. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Shrock Media, so long as the link does not portray the Shrock Media Marks, Shrock Media, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Shrock Media Marks or other proprietary graphic or trademark as part of the link without express written permission.

 

Security

 

We care about the security of our Users and Creators. While we work to protect the security of your Content and account, we cannot guarantee that unauthorized third parties won’t be able to defeat our security measures. Please notify us immediately of any unauthorized access to your account or any other breach of security.

User are responsible for maintaining the confidentiality of their account and password and for restricting access to your computer. If you suspect your password has been compromised, you will need to promptly change it. 

You agree to take responsibility for all actions taken under your account or password by you and any third-parties including any abuse or unauthorized use. If you are under 18, you may not use this Site or the Service. Shrock Media and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. 

Please review our PRIVACY POLICY which governs your submission of Personal Information through our Site and Service to understand our practices. 

Users are prohibited from violating or attempting to violate the security of the Shrock Media Site and/or Service, including but not limited to: 

1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without written authorization from Shrock Media; and/or
3. attempting to interfere with service provided to any other user. In addition to other penalties, violation of this section may result in civil or criminal liability. Further, Shrock Media may investigate occurrences, and cooperate with law enforcement authorities in prosecuting anyone involved in such violations.

 

Termination

Shrock Media may, in its sole discretion, terminate or suspend a User’s access to the Site immediately, without prior notice or liability, for breaching any of the Terms or violating any of the rules of conduct detailed herein, based on the seriousness or repeated nature of any violative, inappropriate or unacceptable Content, and for any reason whatsoever.

You may terminate your agreement with Shrock Media at any point. You will need to send a notice of request along with your name and email and identify your Content. Understand that this process may take up to 60 Days. We will not be liable for any downloads of your Content following your request to terminate this Agreement.

Upon termination, Shrock Media will transfer and assign the Content back to the Creator. Creator will be required to pay Shrock Media a fee of $100, plus reimbursement to Shrock Media for all costs, including copyright registration fees. Fees and costs may be reduced or waived at discretion of Shrock Media. 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Disclaimers

Shrock Media stands behind its Site and the Service, and we want you to be satisfied with your experience. As such, we will make our best efforts under industry standards to make your Content and/or Submissions available to third parties for license. We are not responsible for your success. 

Your use of the Site, the internet in general, any materials you access via our Site and your conduct online or offline (including any interactions with third party service providers) are at your own risk.

We make every effort to accurately represent the available Content and/or Submissions on our Site. However, we make no guarantees as to the currency, completeness, accuracy, or reliability of such Content or descriptions. If you find the Content is not offered as you intended, please contact us.

We do not endorse any Content and/or Submissions or any information, opinion, recommendation, or advice expressed therein.

We are not liable if there are delays in offering your Content for license, if the Content is unavailable, or if the Content is infringed. 

To the extent permitted by applicable law, the Service and all Content on our Site is provided on an “as is” basis without warranty of any kind, whether express or implied.

Shrock Media specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Shrock Media takes no responsibility and assumes no liability for any Content and/or Submissions that you or any other person or third party posts or sends using the Service. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

We do not warrant that our Site or any portion of the Service, or descriptions of any Content and/or Submissions offered are accurate, complete, or current, or will be uninterrupted, secure, or free of errors, viruses, or other harmful components.

Shrock Media may make changes to the Site and/or the Service for various reasons. We will have no liability for any change to our Service or any suspension or termination of your access to, or use of our Site or Service.

The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by applicable law.

WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY MEMBERS OR PROVIDERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SHROCK MEDIA MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. SHROCK MEDIA DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

 

Indemnification

 

You shall indemnify and defend Shrock Media, and our officers, employees, and other agents against any costs, expenses (including reasonable attorneys’ fees and accounting costs, whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site and/or Services or otherwise caused by your violation of any of these Terms.

NEITHER SHROCK MEDIA, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NON-DIRECT DAMAGES”), OF ANY KIND, WHETHER BY CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY, INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR ANY OTHER PERSON FOR DIRECT DAMAGES FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN JURISDICTIONS THAT DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THESE LIMITATIONS SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.

Privacy

By using the Service, you consent to our processing of your information consistent with our Privacy Policy. Please review the Privacy Policy for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms.

     

Electronic Communications

When you visit our site or send e-mails to us, you are communicating with Shrock Media electronically, and thus, consent to receiving such communications. Upon providing your name and email address, we will communicate with you by e-mail regarding our Service, upcoming promotions, invoices, changes to pricing or fees, termination of services, and other information regarding Shrock Media or its third-party partners. You agree that all agreements, notices, disclosures and other communications that Shrock Media provides to you electronically satisfy any legal requirement that such communications be in writing.

Third-Party Providers

Our Site may contain links to third party websites, advertisers, services, software components, special offers or other events or activities that are not owned or controlled by us. We don’t endorse or assume any responsibility for any such third party websites, information, materials, products or services. If you access any third party website, service or content, etc. from our Site, you do so at your own risk and you agree that we have no liability arising from your use of, purchase from or access to any third party website, service, or content, etc.

By using our website and services, you consent to Shrock Media sharing your information as necessary to enable third-parties’ activities. Third-party providers are subject to a separate privacy policy and terms of use. By using our website and services, you indicate that you have reviewed the privacy policy and terms of use of our third-party service providers and agree to both.

You further acknowledge that Schrock Media does not and cannot control any third-party service provider’s technology or actions and are not responsible for any cessation or interruption of the services, compatibility with the services, or any disclosure, modification, or deletion of your data arising from any exchange of your data that may occur between us and third-party providers as part of the services.

The inclusion of a link to any other website or resources is for your convenience only. Shrock Media has no control over the content of these outside websites and makes no representation as to the quality, suitability, functionality, or legality of these websites. Your use of these websites is entirely at your own discretion and risk. You agree that Shrock Media will not be held liable for any damages or claims arising from your use of these outside websites.

 

Infringement of Intellectual Property

 

If you believe your work has been copied in a way that constitutes copyright infringement, contact us at support@shrockmedia.com, and provide the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512: (i) signature of a person authorized to act on behalf of the owner of the allegedly infringing work; (ii) identification of the work claimed to have been infringed and information reasonably sufficient to permit us to locate the material on our Service; (iii) contact information of the complaining party; (iv) a statement that the complaining party has a good-faith belief that use of the material is not authorized by the copyright owner; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the allegedly infringed work.

 

Other Terms

Jurisdiction and Choice of Law.

By visiting and using this Site and Shrock Media’s Service, you agree that the laws of the state of Florida in the United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Shrock Media or its associates. You consent and agree that, without regard to principles of conflict of laws, all legal proceedings relating to the subject matter of this agreement shall be adjudicated within courts sitting within the state of Florida and that jurisdiction and venue shall be exclusively within these courts, except that, to the extent that you have in any manner violated or threatened to violate Shrock Media intellectual property rights, Shrock Media may seek injunctive relief or other appropriate relief in any state or federal court in the state of Florida, in the United States of America.

 

Entire Agreement

These Terms constitute the entire agreement between you and Shrock Media concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

No Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

Views and Opinions Expressed in Content

The views and opinions in any Submissions and Content are those of the individuals or entities expressing such views and opinions, and do not reflect those of Shrock Media. Shrock Media is not responsible or liable to any third party for User Generated Content.

Questions/Contact Information

Questions regarding our Terms and Conditions of Use, Privacy Policy, Submission Guidelines, and other policy related material can be directed to our support staff by contacting us at support@shrockmedia.com

 

Any legal notices, including any notice of a claimed dispute, shall be sent notices to us by email to support@shrockmedia.com. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by the recipient.