Terms of service

    Acceptance of terms and conditions

    The following are the terms on which Pixelrights Limited, a company registered in England and Wales under company number 08652873 with its registered address at 27-31 Clerkenwell Close, Farringdon, London, EC1R 0AT, United Kingdom ("Pixelrights", "we", "our" or "us") offers you access to the website www.pixelrights.com ("Website") and provides you with Pixelrights’ website hosting, design and image attribution services and such other services available through the Website (together, the "Services"). By using the Website and/or the Services you agree to these terms, whether or not you register as a member of the Website. If you object to anything in this agreement or our Privacy Policy, do not use the Website or the Services.
    Note: These terms and conditions do not apply to you to the extent you have a separate agreement with Pixelrights in relation to your use of any of the Website or the Services.

    These terms and conditions may be changed by us from time to time. Changes will be effective immediately upon posting of the updated terms and conditions on this web page. Where appropriate (such as a variation to fees), we will also provide advance notification to you by e-mail. You are responsible for ensuring you are familiar with the latest terms and conditions. Continuing to use the Website or the Services represents your agreement to be bound by the terms and conditions as amended. These terms and conditions (as amended from time to time) shall, together with any other document specifically referred to herein, form the entire agreement between you and us. We recommend that you keep a copy of these terms and conditions for you own reference.

    Registration

    To use our Services, you must first register for an account and choose a pricing plan on the Website. In the case of a company, you hereby warrant that you have authority to bind the company (as the contracting party) to these terms. See the ‘Password and Sign in Security’ section for details of your obligation to keep account information secret, and the ‘Subscriptions and Payment’ section for details of your obligation to make payment in consideration for the provision of the Website and the Services to you.

    Scope of the Services

    The purpose of the Services is to provide you with a platform to display your images and to do so in a manner which offers increased protection and attribution to your work. While the Services allow you to customise certain features, we cannot guarantee that the Services will meet all of your requirements.
    You acknowledge that your access to the full range and scale of the Services will depend on the pricing plan you have chosen. You may only use the Services within the limits of your pricing plan. Details about the Services available under each pricing plan can be found here: https://www.pixelrights.com/pricing.
    These terms set out the full extent of our obligations and liabilities in respect of the provision of the Website and the Services. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.

    Access to the Website and Services

    Pixelrights will use its reasonable endeavours to make the Website and the Services available 24 hours a day, seven days a week, except for (a) planned maintenance carried out during the window of 2:00am to 5:00am UK time, and (b) unscheduled maintenance carried out at any time and giving as much notice to you as possible.
    Access to the Website and use of the Services is provided on an "as is" and "as available" basis which means that we do not warrant the Website or Services will be available, uninterrupted or error-free at all times, and we shall not be liable to you for failure of the same.

    Your content

    All content uploaded to the Pixelrights platform by the members which includes text, images and video remains the intellectual property of the account holder and Pixelrights will never claim ownership of such content or resell it to third parties. We may distribute this content to third parties with your permission to facilitate services like print sales or client albums.

    You agree that Pixelrights may on occasion feature your content, including your images, in our Members Photostream, Members Showcase and all Pixelrights brochure pages, including promotional activities on third party websites and services.
    You hereby grant us all necessary rights for the above uses.
    As part of the Services, we shall store all content uploaded to the Website in accordance with reasonable standards of care and levels of security. However, we shall have no liability for any loss, destruction, alteration or disclosure of your content which is caused by a third party. For this reason, we ask that you keep your own copy of all such content at all times.

    Pixelrights intellectual property

    All content and materials contained and displayed on Pixelrights website and consisting in the Services are owned by us or our licensors. Such materials are protected under copyright law and international conventions. You are not permitted to use or reproduce or allow anyone to use or reproduce any such content or materials, other than in the course of your use of the Services in accordance with these terms or otherwise with the express written permission of us or the relevant licensor. You are not permitted to use or reproduce or allow anyone to use or reproduce the name and logo of Pixelrights for any reason without our express written permission. Pixelrights will actively help and pursue through legal means any copyright infringements associated with any of our subscribers. We take intellectual property infringement matters extremely seriously. Any violation of these terms may result in a termination of these terms and conditions in accordance with the below ‘Breach’ section.

    Breach

    Without limiting any other rights and remedies available to us, we may limit or restrict your use of the Services on this Website, permanently or temporarily disable your account and part or all of any content uploaded by you to the Website, issue a warning to you, suspend or terminate these terms or take any other action as we deem appropriate in our sole discretion if you breach these terms and conditions. You agree to hold harmless Pixelrights from any claims resulting from your use of the Service in breach of these terms.
    Upon termination of these terms and conditions, your account will be immediately disabled and any material hosted by Pixelrights will be deleted. Fees shall not be refunded, except in accordance with the ‘Refunds’ and ‘Cancellation’ sections below. We reserve the right to refuse any subsequent account registration request by you.

    Content Standards

    You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Website, nor any activity or communication you make in connection with the Services, will, or will be capable of: (a) infringing the intellectual property, right to privacy, or other rights of any person or entity; (b) breaching any applicable law, whether criminal or otherwise; (c) appearing to be offensive, threatening, harassing, obscene, pornographic, fetish, false, unreliable or misleading; (d) being considered spam or unwanted advertising of products or services; or (e) promote any illegal activity or content, or link to any website that does any of the above.
    Any violation of these terms may result in the termination of these terms and conditions in accordance with the above ‘Breach’ section.

    Responsibility for minors

    Images taken by professional photographers and displayed on the Website may contain nudity or other content that is not suitable for minors. As such, this Website is not suitable for minors. Minors who access this Website are required to be supervised by a parent or guardian.

    Subscriptions and Payment

    As consideration for the provision of the Website and the Services, you agree to pay us fees in accordance with the pricing plan selected by you at the point you subscribe to a paid-account ("Initial Billing Date"). Details of those fees are as set out on the Website under Pricing.
    You hereby authorise us to bill the bank account, details of which you provide to us during the registration process, for the applicable fee in advance on the Initial Billing Date and each month or anniversary thereafter (depending on the subscription and payment plan selected by you). The fees: (a) shall be payable in pounds sterling; (b) are, subject to the relevant provisions in the ‘Refunds’ and ‘Cancellation’ section, non-refundable; and (c) are inclusive of any applicable sales tax. If we are unable to bill your bank account within 30 days of the relevant due date, and without prejudice to any of our other rights and remedies: we may, without liability to you, disable your account and access to all or part of the Website and the Services and we shall be under no obligation to re-enable the same until such fees have been paid (including any interest); and interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of the Bank of England from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
    We reserve the right to vary the fees in accordance with these terms and conditions. Fee changes will take: (a) in the case of monthly subscription, at the start of the next subscription period; or (b) in the case of annual subscriptions, on the date notified to you with the fee being adjusted on a pro-rata basis and any additional fees owing to us being billed to your credit card. Your continued use of the Website and Services after the fee change becomes effective constitutes your agreement to pay the new fee.
    Pixelrights reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

    Changing Plans

    See support for information about how you can upgrade or downgrade your pricing plan, and how any change to the fees or features as a result will take effect.

    Limitations on our Liability

    You agree to the following limitations on our liability to you: Exclusion of business loss: to the fullest extent permitted by law, Pixelrights shall not be liable to you for any loss of profits, sales, business or revenue, anticipated savings, opportunity, goodwill or reputation, any business interruption or any indirect of consequential loss or damage; Cap on liability: to the fullest extent permitted by law, Pixelrights maximum aggregate liability to you under these terms and conditions shall be limited to the total amount of fees paid in the period 12 months preceding the date on which the claim arose. Further, there are certain aspects of the Website and the Services that are outside our control and which we therefore cannot take responsibility for. In particular: Network problems: the transfer of content and data over communication networks and facilitates, including the internet, is subject to limitations, delays and other problems inherent in the use of such communication facilities, and therefore we are not responsible for any loss, damage, delay or failure resulting to such transfers; and Results of Services: Pixelrights shall have no responsibility for any instance of intellectual property infringement of your content displayed, shared or transmitted using the Services.

    Trial Period and Refunds

    Pixelrights offers a 14 day trial period option on setup of your account. After your 14 day trial has expired any content you have hosted with us maybe be deleted at our discretion and without notice. With the exception of the ‘Subscription and Payment’ section, all other provisions of these terms and conditions shall apply to your use of the Website and Services during such trial period.
    Refunds will only be issued relating to technical errors on the Website such as, duplicate payments being made in error or excessive downtime of the Website (as determined in our sole discretion).

    Cancelling your account

    You have the right to cancel your account with Pixelrights at any time without notice. Simply email our team at hello@pixelrights.com. Fees paid in advance will not be refunded, unless a payment has already been processed before we were able to cancel your account.

    Applicable Law and Jurisdiction

    The Website is operated and controlled from the UK. These terms and conditions and any dispute arising in relation to these terms and conditions will be heard in the courts of England and Wales and governed and resolved in accordance with the law of England and Wales.

    Password and Sign in Security

    You are responsible for any use of our Services with your account details and password and for protecting your account details password from unauthorised use. You are also responsible for the security of any computer where you choose to sign in to your account on the Website. Do not lose your password as pixelrights.com does not store or hold this information. Loss of your password may result in the loss of your account and all data associated with it.

    Privacy and your information

    This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our practices regarding personal data and how We will treat it.

    Pixelrights’ Services are not intended for minors under 18 years of age. No one under the age of 18 may provide personal data to or through the Website. We do not knowingly collect personal data from minors under 18. If you are under 18, please do not create a Pixelrights account or send us any information about you.

    For the purpose of the Data Protection Act 1998, the data controller is Pixelrights Limited of 27-31 Clerkenwell Close, London, United Kingdom, EC1R 0AT.

    1. Data we collect from you

    The type of information we collect from you will depend upon the type of interaction you have with us.

    Broadly speaking, the types of personal data that we collect may include:

    • if you are a customer of Pixelrights: your first and last name, email address, details of your photographs and transactions which you conduct using the Services;

    • if you are a partner, supplier or service provider: your full name, employer name, work contact details (including address, phone number, fax number and email address); and

    • if you are a job applicant, employee or contractor: your full name, contact details (including address, phone number and email address), identification details, job title, employment history and education details, names and contact details of referees, next of kin details, national insurance number or other information if required by law.

    We may collect personal data from you in a variety of ways, including the following:

    • when you create a Pixelrights customer account;

    • when you use the Services;

    • automatically when you navigate through the Pixelrights Services. Information collected automatically may include usage details, geo-location data, IP addresses and information collected through cookies, and other tracking technologies (which may not be information which identifies you);

    • when you provide content and other information when you use the Services or post on our social media accounts;

    • when you:

      • arrange payment for use of the Services. For example, we may collect details of the type of credit card you are using, the credit card’s last four digits and its expiry date (but not any other details of your credit card);

      • visit our Website and any other webpage that we own and manage;

      • manage/change your account information;

      • contact us by phone, email, post or via the Website;

      • subscribe to receive our newsletter or promotional materials or sign up to a mailing list; and/or

      • participate in surveys, or competitions or other promotional activities.

    • Pixelrights may also collect personal data regarding you from third parties. This may include (but is not limited to) the collection of personal data regarding you from:

      • other users of the Pixelrights Services;

      • our customer support service provider, when you make a customer service inquiry;

      • someone you duly authorise to act on your behalf; and

      • recruiters we have retained and from referees you have provided in support of a job application.

    From time to time, you may be able to visit our Website and deal with us anonymously or by pseudonym. However, please be aware that, if you do not provide us with certain information that we require, we may not be able to provide you with the particular Pixelrights Services that you seek.

    2. Cookies

    We use cookies and other similar technologies such as pixel tags, embeddable scripts and local storage.

    Cookies are small text files that may be placed on your computer or other device by websites when you visit them. Cookies enable Pixelrights to recognise your device on a subsequent visit by that device to our Website and allow us to deliver a more personalised experience by providing information to us. Cookies are essential for some website functions and these functions will not work in the absence of those cookies.

    You can use the browser privacy functions to clear the cookies already on your computer or to block cookies in the future by altering the browser privacy settings. However, please note this may cause some of the functionality of the Website not to work correctly.

    If you continue to use our Website, you agree to the use of cookies.

    3. Uses made of the personal data

    The personal data we collect may be used in a number of ways including:

    • to provide the Services;

    • liaising with partners in connection with your use of the Services;

    • to provide you with information or services that you request from us;

    • generating bills, managing accounts and carrying out debt-recovery functions;

    • providing customer, partner and supplier technical support and other customer/partner/supplier relationship management functions;

    • dealing with enquiries or complaints;

    • collecting and analysing product performance, service and reliability data in connection with the Services;

    • carrying out market research and product analysis and development;

    • complying with our obligations under the law;

    • training our staff;

    • to notify you of changes to the Services;

    • in any other way we may describe when you provide the information;

    • in the event of a change of business ownership, merger, sale or other business transaction, transferring your information to a successor entity;

    • for various communications and marketing purposes;

    • conducting our internal business and management processes, for example accounting or auditing purposes; and

    • for any other purposes that would reasonably be expected.

    We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.

    We will anonymise personal data regarding you and consolidate such data. We may provide our partners with aggregated anonymised data about the users of Pixelrights Services, for example behavioural data.

    4. Disclosure of personal data regarding You

    We may disclose personal data to third parties in certain circumstances including (but not limited to) the following:

    • to fulfil the purposes for which you provided your information, for example if you are a job applicant, to obtain a reference from your referees; or

    • other third parties We engage to help us run our business - such as our customer support service provider; payment processors; contractors; couriers; pay roll service providers; debt collection agencies and other parties that assist with debt-recovery functions;

    • our professional advisors, including lawyers, accountants, tax advisors and auditors;

    • law enforcement bodies, Courts of law or as otherwise required or authorised by law;

    • regulatory or government bodies for the purposes of resolving complaints or disputes both internally and externally or to comply with any investigation by one of those bodies;

    • if Pixelrights or substantially all of its assets are acquired by a third party, in which case personal data held by Pixelrights about its customers will be one of the transferred assets, to be used in the same ways set out in this Privacy Policy;

    • if Pixelrights restructures, or integrate our business with another group of companies, to the new owner, to be used in the same ways set out in this Privacy Policy;

    • for any other purposes that you would reasonably expect; and

    • to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.

    Before Pixelrights discloses any personal data to a third party, we take steps to ensure that the third party will protect personal data in accordance with applicable privacy laws and in a manner consistent with this Privacy Policy. Third parties are required to restrict their use of this information to the purpose for which the information was provided.

    We may transfer personal data regarding you to overseas recipients for business purposes and operational, support and continuity purposes, for example, when we use IT service providers or data storage services which are located overseas. Countries where these recipients are located may have data protection laws which differ to the data protection laws in your country of residence. Pixelrights also engages third party software service providers who, for example, provide data analysis services (but do not access personal data regarding you in providing these services). These software service providers may be located anywhere in the world. Where this is the case, we will take appropriate measures to protect personal data regarding you in accordance with this Privacy Policy.

    We may also provide our partners, such as travel service providers (including airlines and rail operators) with aggregated data about the users of the Pixelrights Services via an online platform which Pixelrights operates, for example, auction performance metrics, bidding characteristics and behavioural data.

    We will disclose personal data regarding you to third parties in order to:

    • enforce or the Terms of Service (www.pixelrights.com/terms), and other agreements or to investigate potential breaches; or

    • protect the rights, property or safety of Pixelrights our customers, or others. This includes exchanging data with other companies and organisations for the purposes of fraud protection and credit risk reduction.

    5. Where we store personal data

    Unfortunately, the transmission of information via the Internet is not completely secure. Although We will do our best to protect personal data regarding you, We cannot guarantee the security of such data transmitted to Our Sites; any transmission is at your own risk. Once We have received personal data regarding you, We use strict procedures and security features to try to prevent unauthorised access.

    All information you provide to Pixelrights is stored on secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted industry-standard encryption technologies when transferring or receiving personal data, such as SSL technology. The safety and security of your information also depends on you. Where We have given you (or where you have chosen) a password that enables you to access certain parts of the Pixelrights Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

    The security of personal data regarding you is a high priority. We take such steps as are reasonable to securely store personal data regarding you so that it is protected from unauthorised use or access, misuse, loss, modification or unauthorised disclosure. This includes both physical and electronic security measures. Examples include the use of passwords, locked storage cabinets and secured storage rooms. Other features include:

    • storing information on secured networks consistent with industry standards, which are only accessible by those employees who have special access rights to such systems;

    • using industry-standard encryption technologies when transferring or receiving personal data, such as SSL technology;

    • restrictions are placed on the electronic transfer of files; and

    • our IT networks undergo necessary vulnerability testing to continually identify and remediate potential opportunities for unauthorised data access.

    The safety and security of information about you also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

    Pixelrights takes steps to destroy or de-identify personal data when the information is no longer required for any purpose for which it may be used or disclosed by Pixelrights and Pixelrights is no longer required by law to retain the information.

    The data that We collect from you will be transferred to, and stored at, a destination outside the European Economic Area (EEA). It will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your request, order or reservation, the processing of your payment details and the provision of support services. By submitting personal data regarding you, you agree to this transfer, storing or processing. Pixelrights will take all steps reasonably necessary to ensure that personal data is treated securely and in accordance with this privacy policy.

    6. Your rights

    You have the right to ask us not to process personal data regarding you for marketing purposes. We will usually inform you (before collecting personal data regarding you) if We intend to use such data for such purposes or if We intend to disclose personal data regarding you to any third party for such purposes. You can exercise your right to prevent such processing by contacting us at hello@pixelrights.com or Pixelrights Limited at 27-31 Clerkenwell Close, London United Kingdom, EC1R 0AT.

    Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Pixelrights Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

    7. Access to information

    The Data Protection Act 1998 gives you the right to access personal data held about you. Your right of access can be exercised in accordance with that Act. To protect your privacy, we may take steps to verify your identity before taking any action in response to any request. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the personal data that We hold about you.

    To request access to personal data that We hold regarding you, please send an email to hello@pixelrights.com or Pixelrights Limited at 27-31 Clerkenwell Close, London United Kingdom, EC1R 0AT.

    8. Changes to Privacy Policy

    We review and amend this privacy policy from time to time. Any changes We may make to this privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

    Third Party Services

    The Website may contain links to other websites ("Third Party Websites"). These Third Party Websites are provided for your information only. We do not control, and therefore have no responsibility for your use of, such Third Party Websites. If you choose to access or use a Third Party Website, please note that the owner or operator may use and share your data in accordance with its privacy policy. You should always review the policies of Third Party Websites to make sure you are comfortable with the ways in which they use information you share with them. We shall not be liable for any damages you may suffer in connection with your access and use of Third Party Websites.

    Notifications and your email address

    Your email address is used to identify your account, and to sign in to the Website. After registering with us you will receive emails from us, containing newsletters associated with us, our products and services, features and offers. You can easily unsubscribe from any of these emails by using the 'unsubscribe' link provided in the emails.
    However, we reserve the right to send you essential notifications regarding your account status like payment failure notification, receipts etc. These emails are necessary for your membership and you cannot unsubscribe from them.

    Questions

    Please contact us at hello@pixelrights.com or +44 (0) 20 8123 8200 if you have any questions about these terms and conditions.

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