The Membership Relationship

This membership agreement is an agreement between Michelle & Cat, dba Swanky Stock (we, us) and the member / entity purchasing a membership (you).

Membership rights, privileges and obligations commence when the purchase is made.

Memberships Auto-Renew

Memberships (and this agreement) auto-renew at the end of each cycle; for instance, a monthly membership renews for another month at the end of the month. An annual membership renews for another year at the end of the year.

Termination of Service / Cancellation

You can cancel your membership anytime by turning off the renewals, which means you finish the cycle of the membership you paid for, and it just simply does not renew after that date, meaning you won’t be billed again.

When you cancel your membership, you are still subject to the terms and conditions in this agreement in regards to your use of the membership until the end of the cycle of your membership.

Membership may also be terminated if you breach any of the terms of the membership agreement or the amazing license (the license for use of creative elements), if you fail to pay the membership renewal (or owe any other fees to us), or in regards to bankruptcy laws and standard practices.

We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. And without notice.

Refund Policy

Generally, there are no refunds because the products are digital in nature. Refund requests are handled on a case by case basis and are issued at our sole discretion.

For the most part, we have no problem giving a refund for 1 month for almost any reason. We do not wish for our expense line item to provide any kind of hardship to you, that’s not what we’re about at all.

A Little about Who We Are

Michelle & Cat is a sole proprietorship registered with the Secretary of State in West Virginia, United States. It is owned and operated by Michelle L. Grewe, primarily as a studio that focuses on graphic design and photography. Currently a home office, it’s the legal business name for purposes of registration and taxes for all of Michelle’s online endeavors.

Swanky Stock is a stock photo membership site that provides stock photos and other visual assets to members. It is also a blog that focuses on industry news and education in regards to a digital visual strategy for small businesses and blogs.

Swanky Stock websites includes swankystock.com and members.swankystock.com (herein known as sites).

What you can expect from Us

As a member, you have access to a library of visual assets that you can use under The Amazing License.

In addition, you get access to a lot of other things to help you grow your business such as workbooks and templates.

We value your privacy

…and you can review our privacy policy which also governs the Swanky Stock Sites and informs users of our data collection practices.

We might make some changes to things here and there.

In an effort to improve things or adhere to new standards, we may improve or change the sites, software, products, services, and this membership agreement any time.

Generally, the most current version of any legal form, including this membership agreement, will supersede all previous versions. We will let you know of any updates to this membership agreement on the sites and via email. If you do not agree with any changes, you are more than welcome to voice your concerns to Michelle at untouchable.cant.touch.this@gmail.com or discontinue services. If we make a major change to the membership agreement that affects the quality of services you receive, we may cancel all memberships and require a new agreement.

Our products and services are provided “as is” without warranty or condition of any kind.

What does that mean? We make no representations or promises about the suitability, reliability, availability, timeliness and accuracy of information, software, products, services and related graphics contained on the sites for any purpose to the maximum extent permitted by applicable law. Michelle & Cat, DBA Swanky Stock hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

We reserve our rights to limited liability in states (and jurisdictions) who allow that.

What does that mean? To the maximum extent permitted by applicable law, in no event shall Michelle & Cat, dba Swanky Stock and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Michelle & Cat dba Swanky Stock or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

We do not make any representations or assurance of non-infringement.

While Swanky Stock takes measures to make sure we don’t portray other people’s intellectual property in our photos and art, including trademarks and logos, Swanky Stock makes no claim that the design assets are free from other people’s intellectual property, nor do we make any claim that we’ve received releases from any brands, designers or manufacturers for use of products. Member agrees Swanky Stock is not liable for any damages resulting from any use, or member’s use, of these design assets, photos, illustrations, whether modified or not.

What We Expect of from You

Follow the terms and conditions

• In this membership agreement
• Terms & Conditions for use of Swanky Stock Sites as a software (please be aware that use of Swanky Stock’s Sites are imperative to utilizing the products and services with the Swanky Stock Membership).

Follow usage rights for images, assets, and software as outlined by the Amazing License

The amazing license covers pretty much all use of design assets and business assets we offer as a product in the membership services. For the most part you are allowed to use the assets for almost anything, including transferring some usage rights to others, but there are some limitations. Because we grant more permissions than industry standard, we really urge you to look through the Amazing License, and for purposes of this agreement, the amazing license is an appendage to these terms and conditions of membership. 

Grant us permission to make electronic transactions

When you sign up for a membership, the membership auto renews at the end of the billing cycle. You give us permission to make electronic transactions for membership renewals until termination of membership renewals.

We utilize third party apps like Memberful and Stripe to make these transactions. You agree to let them conduct these transactions.

Consent to receive electronic communications

Visiting Swanky Stock’s sites or sending emails to Swanky Stock constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that Swanky Stock provides to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing.

Be responsible for your member account

Once you become a member, you will create an account with a username and password that authorizes your access to member-only pages and allows you to manage your account as a member (such as cancel your membership).

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

You may not assign or otherwise transfer your account to any other person or entity.

You acknowledge that Swanky Stock is not responsible for third party access to your account that results from theft or misappropriation of your account.

If you feel your account is being used by someone else without your permission, the first step is to change your password. You can also contact Michelle at untouchable.cant.touch.this@gmail.com

Follow the law

Nothing in this membership agreement is going to make you immune from the laws that apply to you and your responsibility.

Prohibited Acts | You agree NOT to use membership services

1. for any unlawful purpose(s)
2. In any way that can cause damage to Swanky Stock, Michelle & Cat | Michelle Grewe, the Swanky Stock sites, and/or other members
3. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
4. To violate any intellectual property rights of Swanky Stock or any third party;
5. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
6. To perpetrate any fraud;
7. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
8. To publish or distribute any obscene or defamatory material;
9. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
10. To unlawfully gather information about others.

The Swanky Stock Membership is controlled, operated and administered by Michelle & Cat, dba Swanky Stock, from our offices within the USA. If you access the Swanky Stock Membership from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Swanky Stock Content accessed through the Swanky Stock Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Promise to indemnify us if you do something that causes us harm or causes a third party to sue us.

You agree to indemnify, defend and hold harmless Swanky Stock , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Swanky Stock reserves the right at its own cost to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Swanky Stock in asserting any available defenses.

If you did not breach this agreement or the license and suffer damages because of a product used, we will indemnify you by refunding the full charge of your latest subscriptions charge provided that you inform us within 7 days after damage occurs.

Agree that you have no authority as Swanky Stock / Michelle & Cat, and I agree that I have no authority as you and/or your businesses.

Some states have some strange common law, and this is really here to simply agree in writing that no Party shall have any authority to act for or bind the other Party in any way, or to represent that it has such authority. No joint venture, partnership, employment or agency relationship exists between you and Swanky Stock as a result of this agreement or use of the Sites.

Agree to help us maintain legal and ethical standards, even if that means we need to stop using one of the creative elements from the Swanky Stock Library.

We may remove photographs or creative elements from the library for any reason in an attempt to comply with legal standards or ethical ones. When we do, you are expected to do your best to remove, replace or delete from storage any photographs or creative elements once the request from us is made. We will help you replace the photograph or creative element, and you can make special requests in regards to that with Michelle.

When we Disagree

If you are ever dissatisfied with our products and/or services, you are more than welcome to voice your concerns to Michelle at untouchable.cant.touch.this@gmail.com.

Because West Virginia law governs this agreement, you hereby consent to the exclusive jurisdiction and venue of courts in West Virginia in all disputes arising out of or relating to the use of the Sites, Membership, product, software or services.

This Agreement

This agreement is governed by the laws of the State of West Virginia in the United States (wherever and whenever applicable).

Because law is different everywhere, this clause only applies to “the maximum extent permitted by law.” It may not apply to you.

You hereby consent to the exclusive jurisdiction and venue of courts in West Virginia in all disputes arising out of or relating to the use of the Sites, Membership, product, software or services. Use of the Sites or Membership is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Swanky Stock’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Swanky Stock’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Swanky Stock with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Swanky Stock with respect to the sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Swanky Stock with respect to the sites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

It is the express wish to the parties that this agreement and all related documents be written in English.

Contact Us

Swanky Stock welcomes your questions or comments regarding the Membership Agreement.

Michelle and Cat: dba Swanky Stock
PO Box 766
Mineral Wells, WV 26150

Email Address:

michelle@michelleandcat.com