Welcome to Digipixart. This Web Site is owned and operated by Digipixart, Inc. (“Digipixart”). The following terms and conditions apply to your use of our Web Site and our media hosting and related services (“Services”). Please read them carefully before you enter our Web Site.
Your Digipixart account can be utilized to post photographs that you want to let other specified people view and purchase. You can also use your account to view photographs in other accounts, including password-protected files which the file owner has authorized you to view (by providing you with the applicable password). Any photographs in your account can be password-protected; or, by not enforcing a password for certain photos, you can make those photos open to viewing by the General Public.
- Digipixart agrees to terminate your account at any time upon notice from you sent to Digipixart at the following email address: firstname.lastname@example.org
- Digipixart may terminate your account or your access to and use of your account, or your use of Digipixart Services, with or without cause at any time and effective immediately, at Digipixart’s sole discretion, for any reason, including, but not limited to, your failure to conform with these Terms. If you violate these Terms, Digipixart, in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that Digipixart deems appropriate to enforce its rights and pursue all available remedies.
- All of the photographs featured on our web Site were created by photographers who have provided them to Digipixart for worldwide sale and distribution. The copyrights in the photographs are owned by the photographers thereof who have licensed to Digipixart the right to post them on the Site and provide the services offered.
- Nothing herein shall be construed as granting you any ownership rights in any of the photographs, including without limitation, any rights to copy, distribute, reproduce, publish, display, broadcast, alter, amend, or edit the photographs, or create derivative works from the photographs, or any portion of the photographs, all of which rights are expressly reserved by the copyright owners.
- You are responsible for adopting and employing any methods you see fit to protect the photographs you post on our Web Site from infringement or unauthorized use, including, but not limited to visible electronic watermarks and copyright notices.
PURCHASE OF PHOTOGRAPHS AND PRODUCTS:
- You can purchase the photographs featured on our Web Site from Digipixart in the form of photographic prints, or other photographic products such as picture frames or photo-albums (collectively, the “Products”).
- You acknowledge that all Products are custom-made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through Digipixart and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier.
- You may not copy, distribute, reproduce, publish, display, broadcast, alter, amend, or edit the photographs, or create derivative works from the photographs or Products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of the photographer who owns the copyright in the photographs. While you can add captions and descriptions to the photographs in your account in accordance with the terms hereof, you agree not to otherwise modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without the prior written consent of the copyright owner.
LICENSES AND WARRANTIES GRANTED TO DIGIPIXART:
- Digipixart does not claim ownership in any of the photographs featured on our Web Site. Unless we indicate otherwise, if you open an account and post photographs to the Digipixart Site, you thereby grant Digipixart a nonexclusive, royalty-free right to publish, distribute and display such photographs as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such photographs and to remove, publish, copy, modify, transmit and display any photograph for the purposes of delivering and providing such Services. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of photographs indefinitely.
- You hereby represent and warrant that you have the full right, power and authority to agree to these Terms of Service and to grant all rights granted herein; that you own or otherwise control 100% of the rights, licenses, and privileges granted herein with regard to the photographs that you post on our Web Site; that the photographs you supply do not violate these Terms of Service; that the photographs you supply neither violate nor infringe upon any common law or statutory right of any person, firm or corporation including, without limitation, contractual rights, copyrights, and rights of privacy; and that you will indemnify Digipixart for all claims resulting from photographs you supply.
- Use of the Services by you is subject to all applicable local, state, national and international laws and regulations.
- You may NOT post or obtain any content using the Web Site which is threatening, obscene, pornographic or profane material or which will violate or infringe upon any common law or statutory right of any person, firm or corporation including, without limitation, contractual rights, copyrights, and rights of privacy or which could give rise to any civil or criminal liability under applicable law. Digipixart recommends you use an “adult-content” warning label when photographs are being posted that include legal adult content.
- Digipixart has the right, but not the obligation, to monitor, edit, rearrange, and/or remove any photograph, with or without cause, at any time and effective immediately, at Digipixart’s sole discretion and for any reason, including, but not limited to, any photograph which Digipixart deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable or in violation of these Terms. You understand and agree that Digipixart takes no responsibility and assumes no liability for any photographs posted by you or any third party.
Digipixart respects the intellectual property rights of others. While Digipixart uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Digipixart ensure that all persons depicted in the photographs have consented to the display of their image on this Web Site or that the photographs themselves do not infringe upon the intellectual property rights of others. If your photograph appears on this Web Site without your consent or if you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com and provide us with the following information: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Digipixart Site that you claim is infringing, with enough detail so that we may locate it on the Web Site; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that the information you are providing is accurate and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature. Digipixart will forward this information to the alleged infringer.
FORUMS AND PUBLIC COMMUNICATION:
From time to time, our Web Site may include bulletin boards, chat rooms, or other forums (“Forums”) and the information and opinions expressed in the Forums are not those of Digipixart or the photographers. You are solely responsible for all content you post on or submit to the Forums. You are aware and acknowledge that Digipixart has no obligation to monitor the Forums and you are not relying upon Digipixart to monitor the Forums. Furthermore, neither Digipixart nor the photographers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data or materials or to whom such data or materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in or through Digipixart. While photographers may use the Forums to advertise and promote themselves, their services, and their own work, soliciting other Digipixart users to join or become members of any commercial on-line service or other organization is expressly prohibited. By posting content to any Forum, you grant (or warrant that the owner of such rights has expressly granted) to Digipixart a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe.
OWNERSHIP OF WEBSITE:
- All content included on this Web Site (other than the photographs, which are owned by the photographers who posted them), including, but not limited to, the text, design, graphics, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and look and feel are owned by Digipixart and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. Digipixart’s selection, coordination and arrangement of all content on this Site is the exclusive property of Digipixart, and is protected as a compilation by U.S. and international copyright laws. All software used on this Site or in conjunction with the Services is the property of Digipixart or its software suppliers and is protected by United States and international copyright laws. The Digipixart logos are trademarks owned by Digipixart and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Web Site.
- Digipixart grants you a limited license to access and make personal use of this Web Site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of Digipixart. This license does not include any resale or commercial use of this Site or its contents. This Web 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 Digipixart. Any unauthorized use terminates the permission or license granted by Digipixart. You are granted a limited, revocable, and nonexclusive right to create hyperlinks to Digipixart so long as the links do not portray Digipixart or its photographers or their products or services in a false or misleading manner.
- If you are a resident of the European Union, you understand and agree that Digipixart stores and processes your information on computers located in the United States, and by providing any data to Digipixart you consent to the transfer of such information to the United States.
When you visit digipixart.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- 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 further agree to immediately notify Digipixart of any unauthorized use of your account or any other breach of security known to you.
- Digipixart uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the Digipixart Web Site in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing our Site.
Digipixart may make software from third-party companies available to you. To download such software, you may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company’s terms and conditions, and the agreement will be between you and the respective company. This means that Digipixart does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. Digipixart does not offer any warranty on any third-party software you download using the Web Site. Moreover, you are responsible for compliance with all local laws, and you are required to comply with U. S. export laws and regulations when you use or export any software or materials provided through the Web Site.
Digipixart may provide links to third-party Sites that might be of interest to you. Digipixart has no control over the content or availability of the contents of these Sites. It is your responsibility to become familiar with each Site’s privacy and other policies and terms of service, and to contact that Site’s webmaster or Site Administrator with any concerns.
Digipixart makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
LIMITATION OF LIABILITY:
Neither Digipixart nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits and any direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web Site or the photographs or Products or which may result from the infringement or unlawful or unauthorized copying, distribution, reproduction, publication, display, broadcast, alteration, amendment, or editing of the photographs or Products, or any portion thereof, in any manner. You acknowledge that the photographers are independent contractors of Digipixart and if you are not satisfied with the photographs or Products in any way, you shall look solely to such photographer(s), and not to Digipixart for any damages and/or claims whatsoever relating to the photographs or Products.
You agree to indemnify and hold harmless Digipixart, its successors, assigns, officers, directors, agents, employees, subsidiaries, affiliates, service providers, and suppliers from and against any claims, loss, damages, injuries, liabilities, costs and expenses, including reasonable attorneys’ fees and court costs actually incurred, resulting from or arising out of, wholly or in part: (a) your breach of these Terms of Service or violation of any representations or warranties contained in these Terms; (b) your acts or omissions, including any act or omission committed by your agents, subcontractors, or employees; and (c) any claim that your use of the Web Site and/or our Services, or any photograph or Products posted by you, infringes any intellectual property rights or other rights of any third party. Your express obligation shall include, without limitation, all liability, damages, loss, claims, and actions on account of libel, defamation, invasion or privacy or right of publicity, or infringement of copyright or trademark.
DISCLAIMER OF WARRANTIES:
THIS WEB SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE PROVIDED “AS IS” AND DIGIPIXART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. DIGIPIXART DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIGIPIXART DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT DIGIPIXART) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Any legal action brought to enforce any claim or right arising from the provisions of this agreement shall be brought in the court of appropriate jurisdiction in the County of Fairfax in the Commonwealth of Virginia and the law of the Commonwealth of Virginia shall govern. If any of the provisions of this Agreement shall contravene, or be invalid under, the laws of the Commonwealth of Virginia, such contravention or invalidity shall not invalidate the entire agreement, but it shall be construed as if not containing the particular provision or provisions held to be invalid, and the rights and obligations of the parties shall be construed and enforced accordingly.
- The failure of either party to insist upon the performance of any of these Terms, or the waiver of any breach of any of these Terms, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
- The parties hereto stipulate and agree that the rule of construction to the effect that any ambiguities are to be or may be resolved against the drafting party shall not be employed in the interpretation of these Terms to favor any party against another.
- Any cause of action you may have with respect to your use of the Web Site and/or our Services must be commenced within one (1) year after the claim or cause of action arises
- In the event that Digipixart elects to file legal action against you to enforce any of these Terms and Digipixart is the prevailing or successful party, you agree to pay to Digipixart, in addition to all the sums that you may be called on to pay, a reasonable sum for Digipixart’s attorneys’ fees and costs.