Pixopolitan Inc. Terms of Use

Welcome to the Pixopolitan website at Pixopolitan.us (collectively, the “Service”).  The Service enables users (“Users,” “you” or “your”) to view and purchase photographic art and related products.  

Every time users visit, use features of or purchase products on the Service, you agree to be bound by these Terms of Use (“Terms”).  These Terms outline your rights, obligations and restrictions regarding your use of the Service, please read them carefully. If you do not agree to be bound by the Terms and all applicable laws, you should discontinue use of the Service immediately. In addition to these Terms, we have adopted the Pixopolitan Privacy Policy (“Privacy Policy”). Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.

If you are a photographer providing Content on the Service, you must also review and agree to the Photographer Agreement Photographer Agreement, which governs your use of the Service in addition to these terms.   In the event of a conflict between these Terms and the Photographer Agreement, the Photographer Agreement terms shall prevail. 

Pixopolitan may modify the Terms from time to time and each modification will be effective when it is posted on the Service.  We will notify you of substantive modifications to these Terms the first time you access the Service following any such modification, and you agree to be bound to any changes to the Terms through your continued use of the Service.

User Eligibility

You must be at least 18 years old to use this Service.  This Service is intended for use by individuals 18 years of age or older. Use of the Service by any user shall be deemed to be a representation that the user is 18 years of age or older and is not currently restricted from the Service, or not otherwise prohibited from having a Pixopolitan account.  You also represent and warrant that you have full power and authority to agree to these Terms and doing so will not violate any other agreement to which you are a party.

Creating an Account

You must provide certain personal information such as your full name, mailing address, email address and phone number to create an account (your “Account”) so you can use or make purchases on the Service.  Alternatively, you may register with Pixopolitan through your account with certain third party social networking services, including Facebook and Twitter (each, an "SNS"). When you register through your SNS account, you will be asked to login to the Service using your SNS account credentials. By creating an Account via your account with an SNS, you are allowing Pixopolitan to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Service via such SNS. You have the option to disable the connection between your Pixopolitan Account and SNS account at any time by accessing the SNS account and disconnecting access to the Service.

 

You may also provide additional profile information if you are submitting Content on the Service, such as a website and profile picture, which will help us post accurate information about our Content providers, as applicable, and otherwise provide the Services. Please refer to our Privacy Policy for information about how we protect your personal information.

 

You are responsible for ensuring that any personal information you provide is accurate and up to date.  Pixopolitan reserves the right to verify the accuracy of the information you provide at any time.  You are responsible for creating a username and a secure password and protecting your Account from unauthorized access.  You agree to notify Pixopolitan immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised.  You will be held responsible for any activity that occurs under your Account. 

 

Once you have an Account, you can use the Service to make purchases or upload content.

Making Purchases

Should you elect to make a purchase on the Service, you agree to pay all listed and applicable fees in connection with such purchase, including applicable taxes and shipping fees.  All prices listed are in United States dollars unless otherwise indicated on the listed page.  Pixopolitan cannot be responsible for the performance of its payment processor, whose has its own separate terms and conditions.    

 

When an order is placed, it will be shipped directly to the person and at the address designated by the purchaser as long as that shipping address is within our authorized delivery area. All items purchased from Pixopolitan are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  While we use best efforts to work with you and the carrier to solve issues caused by damaged and/or lost shipments, you are ultimately responsible for filing any claims with carriers for damaged and/or lost shipments.  In the event of any problem with the products that you have purchased from the Service, you may seek a return and refund for such product in accordance with our return policy described herein. 

 

You are responsible for any fees charged by your internet service provider or mobile carrier for using the Service, including, but not limited to data transfer fees.

Return Policy

Purchasers of products on the Service may return new, unopened items purchased from Pixopolitan within thirty (30) days of delivery.  To complete a return, Return instructions.  Upon receipt of such items, Pixopolitanshall use best efforts to offer such purchasers a credit or refund.

Contributing Content

By contributing photographic art and related products, or writing reviews or feedback (collectively, the “Content”) to Pixopolitan, you acknowledge and agree to the following terms and, if applicable, the Photographer Agreement. You should only contribute Content if you are comfortable with these terms:

  • Your Content may be visible to the public.
  • You will contribute accurate photos and information. Content that is inaccurate, offensive, indecent, inaccurate, objectionable, or otherwise inappropriate may be flagged and removed without notice.
  • All content posted on the Service must comply with all applicable laws (including, without limitation, U.S. copyright law). You represent and warrant that (i) you own or otherwise possess all rights to use your Content; (ii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information; (iii) you are authorized to grant all of the rights described in these Terms; and (iv) the use of your Content as contemplated by these Terms will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity. If you do not have the right to submit Content for such use, it may subject you to liability.
  • You will be held solely responsible and liable for your Content and conduct on the Service.  Pixopolitan will not be responsible or liable for any use of your Content by Pixopolitan in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. 
  • Your Content may be modified or adapted (for example, photos may be cropped) in order to meet design and technical requirements of the Service or for any other reason.  You are responsible for retaining original copies of your Content.

Your Content always belongs to you. You retain copyright and any other rights you already hold in your Content, but by uploading, posting, contributing, or otherwise providing your Content to Pixopolitan, you grant Pixopolitan a worldwide, exclusive, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Content in connection with the Service and Pixopolitan’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party services).  For clarity, the foregoing license grant does not affect your other ownership or license rights in your Content, including the right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.

Removal of Your Account and Your Content

You may disable or delete your Account at any time via the Service. If you disable your Account, we will use commercially reasonable efforts to stop displaying your shared Content throughout the Service.  However, other Pixopolitan users may have acted on your Content (for example, buying a photograph you posted) prior to such deletion or disabling.

We reserve the right to monitor and review your Account, your Content and your activity for compliance with these Terms, and may remove or disable your Account or Content for any reason, including, but not limited to, violation of Terms, alleged infringement or verbal, physical, written or other abuse of a Pixopolitan user, employee, member or officer. We will do our best to communicate with you via your Account email address prior to removal of your Account or your Content, but are not obligated to do so and cannot be responsible for failure to reach you via email. 

We cannot guarantee access to your Account or your Content.  We have no obligation to retain or provide you with copies of your Content. We reserve the right to reclaim any username created by a Pixopolitan user that has been inactive for 6 months or more. Your Account may be permanently disabled due to prolonged inactivity.

Guidelines, Rights and Remedies

You will be held solely responsible for your conduct on and use of the Service.  You agree that you will not use or attempt to use this Service for any purpose other than to purchase or upload content onto the Service; you may not (and may not allow any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Service for any purpose:

  • that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
  • that is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property,
  • that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited spam or bulk e-mail (including without limited postings to third party social media services which are linked to the Service) or unsolicited commercial communications,
  • that transmits any harmful or disabling computer codes, files, programs or viruses,
  • that harvests e-mail addresses or personally identifiable information from Pixopolitan,
  • that interferes with our network services or the proper working of the Service or activities conducted on the Service,
  • that uses manual or automated software or other processes to “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any page of the Service,
  • that attempts to gain unauthorized access to our Service including bypassing measured we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service),
  • that suggests an express or implied affiliation with Pixopolitan (without the express written permission of Pixopolitan) or that impersonates any person or entity including an employee or representative of Pixopolitan,
  • that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.

Pixopolitan reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Service.

Intellectual Property Rights

We or our licensors own and retain all proprietary rights in the Service. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pixopolitan, unless it is in the public domain. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pixopolitan without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pixopolitan's name or trademarks without the express written consent of Pixopolitan. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service.  Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of Pixopolitan or third parties, and any unauthorized use terminates the permission to use the Service granted by Pixopolitan.

All content included on this Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pixopolitan or its authorized photographers or content/software suppliers and protected by United States and international copyright laws.  The compilation of all content on this site is the exclusive property of Pixopolitan and protected by U.S. and international copyright laws. All software used on this site is the property of Pixopolitan or its software suppliers and protected by United States and international copyright laws.  

Notice and Take Down Procedures

If you believe any post or information on the Service infringes your copyright or trademark rights, you may request such content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Pixopolitan’s copyright agent (identified below) and provide the following information:

  • A clear statement identifying the works, or other materials believed to be infringed.
  • A statement from the copyright holder or authorized representative that the content is believed to be infringing.
  • Sufficient information about the location of the allegedly infringing content so that Pixopolitan can find and verify its existence.
  • Your name, telephone number and e-mail address.
  • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Pixopolitan’s agent for notice of copyright issues on the Service can be reached as follows:

Pixopolitan, Inc.

185 ALEWIFE BROOK PARKWAY 410 CAMBRIDGE MA 02138

Attn: Copyright Agent

If you are not sure whether material available online infringed your copyright, we suggest that you first contact an attorney.

Counter-Notice

  • If you believe that your removed content (or content to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the state or federal courts of the State of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  • If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 business days or more after receipt of the counter-notice, at our sole discretion.

Pixopolitan’s agent for notice of copyright issues on the Service can be reached as follows:

Pixopolitan, Inc.

185 ALEWIFE BROOK PARKWAY 410 CAMBRIDGE MA 02138

Attn: Copyright Agent

General Information

Linking to Third Party Websites

For your convenience, the Service may provide links to products or services, including payment processing services offered on other websites or applications. Unless expressly stated otherwise, Pixopolitan does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this Service may provide a link. By using the Service you acknowledge and agree that Pixopolitan will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.

Indemnification

You agree to indemnify and hold Pixopolitan, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.

Disclaimer & Limitation of Liability

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, Pixopolitan MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED.  Pixopolitan EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE DELIVERABLES.  FOR AVOIDANCE OF DOUBT, THE DISCLAIMERS SET FORTH HEREIN DO NOT LIMIT ANY COVENANT, REPRESENTATION OR WARRANTY made by Pixopolitan in this agreement.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL Pixopolitan BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Pixopolitan TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE PRICE PAID BY YOU TO PIXOPLOTAN WITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO SUCH DAMAGES, LOSSES OR CAUSES OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

While we strive to protect your information in accordance with our Privacy Policy , Pixopolitan can not be liable for the privacy of personal information stored on Pixopolitan’s equipment, transmitted over networks accessed by the Service, or otherwise connected with your use of the Service.

Termination

Pixopolitan may terminate or suspend your access to all or part of the Service, for any reason, including without limitation your breach of these Terms. In the event these Terms are terminated, the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination.

Jurisdiction & Severability

Pixopolitan operates the Service from its offices within the United States.  The Services are designed for users within the United States, and Pixopolitan makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.

These Terms are not assignable, transferable, or sublicensable by you except with Pixopolitan’s prior written consent. Pixopolitan may assign, transfer, or delegate any of its rights and obligations hereunder without consent.

These Terms will be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws provisions. Any action brought against Pixopolitan to enforce these Terms or matters related to the Service will be brought in the State of New York. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises.  In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Pixopolitan concerning your use of the Service.

How To Contact Us

Should you have any questions or complaints regarding violations of these Terms, please contact us at 185 ALEWIFE BROOK PARKWAY 410 CAMBRIDGE MA 02138

 

Last Updated: June 1, 2017


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