Terms and Conditions

Ver:02.00 23/12/2014

The following document outlines the terms of use of the 71pix website. You can also review our Buyers Agreement and Contributors Agreement. Before using any of the 71pix services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.

What is 71pix

71pix.com is a photography community fully owned by its declared authority. that creates opportunity for the photo lovers to share, sell and buy photographs online. But the services are not limited only for sharing, buying or selling. 71pix reserves the right to withhold and also right to include any service. We are highly careful about the maintenance of our services but accident can happen and things may go wrong. Service may be interrupted in time to time.

How to use

You need to complete the registration to get all the services of the 71pix where you have to provide various information including some personal data. Please don’t violate any other person’s right and do anything that goes against law.

71pix have the design to keep a back up of all your photos but any unknown external causes may fail the back up system. Therefore we would request you to keep a back up of your own photos. All of your displayed photos will carry a water mark imposed by us. However while you / we sell this the customer will get the version that you upload.

If any kind of unlawful information is detected then 71pix may cancel the registration without any prior notice.

THESE TERMS AND CONDITIONS GOVERN 71PIX'S ("71PIX") RELATIONSHIP WITH YOU WHEN YOU USE THE 71PIX WEBSITE ("SITE") AND ANY ALL SERVICES AVAILABLE ON OR THROUGH THE SITE OR OTHERWISE PROVIDED BY 71PIX (COLLECTIVELY, THE "SERVICES" OR "SERVICES"). BY USING OR ACCESSING THE SITE, WHETHER MANUALLY OR THROUGH AUTOMATED MEANS, YOU AGREE TO THESE TERMS AND CONDITIONS ("TERMS"). THESE TERMS APPLY TO ANY USER OF THE SITE AND/OR SERVICES (COLLECTIVELY, "USERS" OR "YOU").

1.     Site Usage, Site information and Services; Intellectual Property Rights :

You are hereby granted a limited royalty-free personal license to view the content on the Site on your personal computer or other internet-compatible device. Unless otherwise provided through any other applicable terms and conditions to which you agree, including the  Purchase Agreement  for image licenses, no portion of the Site, Services or Site Information may be reprinted, republished, modified, or distributed in any form without 71pix 's express written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site Services or any of the Site Information.

The Site and Services are expressly owned and operated by 71pix. Unless otherwise noted, the design and content features on the Site and Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, , software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by 71pix or its affiliates, if any, or are licensed by 71pix from third parties. The Site and Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual

property and proprietary rights, and all other applicable rights are reserved. 

Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. Site usage of third-party trademarks does not imply endorsement of the Site by any such third-party mark owners. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site, Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site, Services or in the original Site Information on any

authorized copy you make of the Site, Services or the Site Information. 

You agree not to sell or modify the Site, Services or the Site Information or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits 71pix or our licensors, that dilutes the strength of 71pix's intellectual property or our licensor's intellectual property, or that otherwise infringes on 71pix's or our licensor's intellectual property rights. You further agree to in no other way misuse the Site or the Site Information. We reserve any rights not expressly granted by these Terms or the  Purchase Agreement  for image licenses.


2.    Site, Services and Site information Are Provided As Is; Use of Site:

The Site Services and the Site Information are provided "as is" with all faults. Your use of the Site, Services, and the Site Information is at your own risk. The Site, Services or Site Information may contain errors or omission, or may be out of date. The Site, Services or Site Information may, without prior notice, change, be deleted or updated at any time. 

You understand that 71pix cannot and does not guarantee or warrant that files, if any, available for downloading from the Site or through the Services will be free of infection or viruses or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, "Hazards").

3.    Eligibility to Use the Site and the Services; Children:

The Site and the Services are not intended for or directed to users under the age of 18. To register for any Services offered on Site, you must be 18 years of age or older. If you are under the age of 18, you only may use Site and Services with permission from your parents or guardians. 71pix does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not send any information about themselves to 71pix. If a child under 18 submits information through any part of Site or Services, and 71pix becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

4.      Accurate Information; Registration and Passwords:

In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or 71pix has reasonable grounds to suspect that such information is inaccurate, 71pix may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or

the Services and future access to the Site and/or the Services. 

You may need a username and password to use certain features of the Site and Services. By selecting a user name you agree that you will not (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a name or e-mail address subject to the rights of any person without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that 71pix, in its sole discretion, deems inappropriate or offensive. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify 71pix immediately of any unauthorized use of your password or account or any other breach of security. 71pix assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. 71pix has the right to cancel and/or reclaim any user names for any reason.

5.     Acceptable and Lawful Use of Site:

When you are using the Site and/or the Services, you acknowledge that you are responsible for all of your actions and that you may not engage in any behavior that violates these Terms. Any personal information, computer information, User Content or other information that you provide to 71pix in connection with the use of the Site shall not:

·    Be obscene or indecent;

·     Contain any Hazards;

·     Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or

·   Be defamatory, libelous, unlawfully threatening or unlawfully harassing; and create any liability for 71pix or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers.

·     You shall comply with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding use of the Site.

 

You are responsible for any material or User Content that you post or otherwise provide on the Site or through the Services. We do not control the messages, information or files that you or others may provide through the Site or Services. When using the Interactive Features, you must not:

 

·   Engage in any conduct that, in 71pix's sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Site or Services;

·   Use the Site or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

·    Interfere with or disrupt any servers or networks used to provide the Site or Services or their respective features, or disobey any requirements of the networks 71pix uses to provide the Site or Services;

·    Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site or Services, by any unauthorized or illegal means;

·     Obtain or attempt to obtain any materials or information not intentionally made available through the Site or Services;

·    Use the Site or Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;

·      engage in advertising or commercial solicitation of any product or service without 71pix’s written consent;

·      gather for marketing purposes any email addresses or other personal information that has been posted by other users; or

·     Post any identification documents or sensitive information about another person.


71pix shall have the right, but no obligation, to monitor the content to determine compliance with these Terms, any other operating rules we establish and applicable laws. 71pix shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Content.


Under no circumstances will 71pix be liable for any loss or damage of any kind caused by reliance on information obtained from or through User Content or the Interactive Features of the Site or Services. 71pix is not responsible for any infringing, offensive, defamatory, obscene or any other posting made through the Interactive Features. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in 71pix's sole discretion is inappropriate, objectionable or in violation of these Terms. 

Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email to  support@71pix .com                               We have the right, but not the obligation, to remove objectionable messages within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit

particular messages immediately. 

Neither 71pix nor any third party content provider shall assume or have any liability for any action or inaction by 71pix or any third party content provider with respect to any conduct, communication or posting on the message boards or other Interactive Features. 

6.      Ownership of User Content:

You retain ownership to User Content submitted on the Site or through the Services. However, by submitting your User Content to 71pix, you hereby grant 71pix the following worldwide, royalty-free, perpetual, non-exclusive, sub-licensable and transferable rights and licenses:

to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the User  Content to appropriate media formats, standards or mediums as part of the services 71pix provides;

to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the User  Content on the Site, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and

to use User  Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your User  Content in any media format or medium and through any media channels.

By submitting User  Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your User  Content to others: (i) the non-exclusive license to access your User  Content through the Site or Services; (ii) if permitted by the Site or Services, the ability for Users to rate, review and comment on your User  Content; (iii) if permitted by the Site or Services, the ability for Site Users to send and distribute your User  Content; and (iv) the non-exclusive license to Site Users to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform your User  Content as permitted through the functionality of the Site and Services and under these Terms. The foregoing licenses granted by you shall terminate once you remove or delete your User Content from the Site or Services. Please keep in mind though that even if you delete your User Content from the Site or Services, it may still exist in back-up copies or if other people have made copies of it before it was deleted.

7.     Suspension or Termination of Your Use of the Site:

Your failure to follow the requirements of these Terms may result in suspension or termination of your access to the Site or Services, without notice, in addition to 71pix’s other remedies. 71pix further reserves the right to terminate, without notice and in its sole discretion, any user's access to or use of the Site for any reason.

8.     Privacy:

To better understand how we collect and use your personal information you should read our  Privacy Policy . Your use of the Site and its Services constitutes your agreement to our  Privacy Policy .

9.     No Endorsement of Links to Other Web Sites:

Any links to other websites are provided as merely a convenience to you. This Site and the Services may provide links or references to other websites but 71pix has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. 

You understand that, except for information, products or services clearly identified as being supplied by 71pix, we do not operate, control or endorse any information, products or services on the Internet in any way. 71pix does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked from this Site, you do so entirely at your own risk. 71pix disclaims any and all warranties, express or implied, associated with your use of third-party applications and/or websites, including but not limited to any warranties as to the accuracy, ownership, validity, operability, or legality of any content provided by such services. By using this Site, you expressly release 71pix from any and all liability arising from your use of any third-party service.

10.   Indemnification:

You agree to indemnify, defend and hold 71pix and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from (i) your use, misuse or abuse of the Site, Services or the Site Information, or (ii) your breach of any provision of these Terms. You will cooperate as fully as reasonably required in 71pix's defense of any claim. 71pix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without 71pix’s written consent.

11.   DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, 71PIX, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. 71PIX, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE,

SERVICES OR  SITE INFORMATION. 

71PIX, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

YOU HEREBY AGREE TO RELEASE 71PIX, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.

 

12.   The Security of the Site:

71pix maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, and our systems. For example, for the security of your online visit to the Site, 71pix may make use of firewall barriers, encryption techniques and/or authentication procedures. 

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while 71pix strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, 71pix will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.

13.   Electronic Communications:

When you visit the Site, use the Services or send emails to 71pix, you are communicating with us electronically. You consent to receive communications from 71pix electronically. 71pix may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that 71pix provides to you electronically satisfy any legal requirement that such communications be in writing.

14.   Jurisdiction and Governing Law:

We make no representations that the Site, Site Information, the Services or products offered through Site are appropriate, available or legal in any particular location. Those who choose to access the Site, Site Information, or the Services and products offered through Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15.   Conflict with Other Agreements :

These Terms are in addition to, and do not nullify, any other agreement between you and 71pix including, for example, the  Purchase Agreement  for image licenses. In the case of any direct conflict between these Terms and any other agreement between you and 71pix, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.

16.    Digital Millennium Copyright Act; Copyright Complaints:

71pix respects the intellectual property rights of others and requires those that visit the Site and use our network to do the same. 71pix may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or our network that infringes upon the copyright rights of others. 71pix also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our network repeatedly infringe on others' copyrights, 71pix may in its sole discretion terminate those individuals' rights to use the Site or our network. 

If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify 71pix’s copyright agent by written notice. The notice should include the following information:

·          An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;

·          A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;

·          Identification of the specific location on the Site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;

·          Your name, address, telephone number and email address;

·          A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner, or the law; and

·          A statement by you that the information in the notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

17.    Policy Regarding Use of 71pix Trademarks:

The trademarks, logos, and service marks ("Marks") displayed on the Site are trademarks of their respective owners, are the property of their respective owners, and/or are protected by national and international trademark laws and/or common law. Their uses are restricted to programs, products or service that 71pix sponsors or with which we are otherwise affiliated. 71pix’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without 71pix’s express written consent except as permitted by applicable laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without 71pix’s express written consent.

18.    Modification of the Terms:

In 71pix’s sole discretion, we may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on the Site. The date of the most recent revision will appear at the top of this page. If 71pix has a working email contact for you and the changes to us. 71pix encourages you to review these Terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in 71pix's sole discretion and as posted to the Site. Continued use of the Site constitutes acceptance of any modified terms and conditions. 

71pix also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be identified clearly and conspicuously. Your continued use of the Site constitutes your agreement to comply with these additional rules.

19.    Miscellaneous Other Provisions:

In the event that one or more portions of these Terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.

The headings used throughout these Terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these Terms.

If 71pix fails to enforce any parts of these Terms, it will not be considered a waiver.

These Terms make up the entire agreement between you and 71pix regarding the Site and supersede any prior agreements.

These Terms do not confer any third party beneficiary rights.

You will not transfer any of your rights or responsibilities under these Terms to anyone without 71pix's express written permission.

71pix may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in these Terms shall prevent 71pix from complying with the law.

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