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

Pixelrights does not distribute or sell your personal data. You agree that Pixelrights may on occasion use this personal data for internal research purposes. Pixelrights may disclose your personal information, including your name and contact details, to the relevant authorities, if requested in accordance with English law. You can access and correct your personal information at any time. All information provided to us must be complete and accurate information. If your information changes you will be responsible for providing us with the updated information. We shall not be held liable for any loss, damage or consequences as a result of inaccurate or incomplete information we receive from you.

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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