TOS – Our Terms of service

Last Updated: [01/20/2025]

Welcome to faikstock.com (the “Website”). By accessing or using our Website, you (“User,” “you,” or “your”) agree to be bound by the following Terms of Service (the “Terms”), as well as our Privacy Policy. If you do not agree to these Terms, please discontinue the use of this Website immediately.

1. Acceptance of Terms

1.1 Binding Agreement. These Terms constitute a legally binding agreement between you and Faikstock (“we,” “us,” or “our”) governing your use of our Website and any services, products, or content made available through it.
1.2 Modifications. We reserve the right to update or modify these Terms at any time. When we do so, we will revise the “Last Updated” date at the top of this page. Your continued use of the Website following any modifications indicates your acceptance of the updated Terms.

2. Eligibility

2.1 Minimum Age. You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Website.
2.2 Legal Capacity. By using the Website, you represent and warrant that you have the legal capacity to enter into this agreement.

3. User Accounts

3.1 Registration. You may be required to create an account to access certain features of the Website. You agree to provide accurate, current, and complete information during the registration process.
3.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.
3.3 Termination. We reserve the right to suspend or terminate your account at any time if we suspect any breach of these Terms or any other unauthorized activity.

4. Intellectual Property

4.1 Ownership. Unless otherwise indicated, all content on the Website, including but not limited to text, images, graphics, logos, software, and designs (“Content”), is owned or licensed by Faikstock and is protected by applicable intellectual property laws.
4.2 Limited License. We grant you a limited, non-transferable, non-exclusive license to access and use the Website and its Content for your personal, non-commercial use.
— 4.2.a FREE content exception – any file designated or tagged with “free” will be free to use as long as you don’t claim credit for the content. Some free files may have additional restrictions that will be clearly outlined in with the content with said licensing.
4.3 Restrictions. You may not reproduce, distribute, modify, display, perform, or otherwise use any of our Content for public or commercial purposes without our express written consent.

5. User Content

5.1 User Responsibility. You may have the option to submit or upload content (such as images, posts, comments, etc.) to the Website (“User Content”). You retain any rights to your User Content; however, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, display, and create derivative works of such User Content in connection with the Website’s operation and promotional activities.
5.2 Prohibited Content. You agree not to upload or distribute any User Content that is unlawful, defamatory, obscene, harassing, or infringes any third-party rights. We reserve the right to remove any User Content at our discretion.

6. Prohibited Activities

You agree not to:

  • Use the Website for any illegal or unauthorized purpose.
  • Interfere with or disrupt the Website’s functionality or security.
  • Use any automated means (e.g., bots, scrapers) to access or use the Website without our permission.
  • Violate any local, state, national, or international law in connection with your use of the Website.

7. Third-Party Links

The Website may contain links to third-party websites or services not owned or controlled by Faikstock. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party websites. Your use of any linked websites is at your own risk.

8. Disclaimer of Warranties

The Website and its Content are provided on an “as-is” and “as-available” basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Website will be error-free, uninterrupted, secure, or free of viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall Faikstock, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website or these Terms. Our total liability to you for any damages arising from or related to these Terms or the Website will not exceed the amount you have paid to use the Website in the six (6) months prior to the claim (or the sum of fifty US dollars ($50) if no payments have been made).

10. Indemnification

You agree to defend, indemnify, and hold harmless Faikstock, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website, your User Content, or any breach of these Terms.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws ofPortland, Oregon USA without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively by the courts located in Portland, Oregon USA and you consent to the personal jurisdiction and venue of these courts.

12. Termination

We reserve the right to terminate or suspend your access to the Website at any time, without notice or liability, for any reason, including if we believe you have violated these Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Faikstock regarding the Website. These Terms supersede all prior agreements, whether written or oral.

15. Contact Us

If you have any questions or concerns about these Terms, please contact us.