Terms and Conditions
Terms and Conditions
Within this Terms and Conditions agreement, we describe your rights and obligations relating to the use of our website. We ask you to read this document carefully. By clicking the check box at the end of this agreement, you acknowledge and agree with these Terms and Conditions.
By accessing this website, using it, uploading material and downloading the content, you acknowledge and agree to these Terms and Conditions and to be bound by this Agreement, as well as the clients or partners on behalf of which you might be using this site. If you do not agree with these Terms and Conditions, we kindly ask you not to access or use this website.
The Use of This Website
You may use this website only in accordance with these Terms and Conditions and for lawful purposes as stipulated by law. You may not abuse this website in any way. Nor are you permitted to use any automated software when accessing and using this website.
You can register, or use this website without registration. Pixmac reserves the right to provide registered website users with some extended functions which are not available to unregistered users. To register or use this website, you must be at least 18 years of age. Children and individuals under the age of 18 years are allowed use of this website only under supervision of their parents or legal representatives. By using the website without supervision; or by registering, you warrant that you are at least 18 years of age and have full legal capacity.
By registering on this website you are responsible to keep your login and account details confidential and take reasonable steps to avoid its misusage. In cases of image downloads on your account; whether with or without your knowledge, you are fully liable for payment of any downloaded images. Including any potential unauthorized use of all images.
Pixmac regularly updates and alters the content of this website and can at anytime delete or change any information or services provided. Although we will do our best, we cannot guarantee to keep all information on this website complete and accurate.
Privacy
To register and receive access to authorized parts of this website, or during the use of this website, we may ask you to supply us with personal information. Some of which you can indicate as confidential. You warrant that all information you provide us with is accurate. Pixmac agrees to take full precautions in its efforts to protect all individuals using its website, and any information provided indicated as confidential.
Available Licenses - type of picture: Creative
You understand and agree that all images on this website stored under CREATIVE tab and marked as type "Creative" are sold with the Royalty Free license and that you can only use images downloaded on your account within the limits of this license. The license is awarded to the owner of the account and can not be transferred to third parties. For the Royalty Free license you pay only once and can use the images for any purpose which does not contradict the restrictions of this agreement. You can use the images for fine art prints, websites, in a booklet, flyer, book, magazine, newspaper, for advertising and for promotional material. If you use any images for a website, you are not permitted to make them available for download. In respect to the use of images on material for resale or redistribution, including (but not limited to) mugs, t-shirts, poster-resale, or other derivative resale objects, you need an Extended license which awards you extended usage possibilities. The availability and price of the Extended license is indicated on the large preview of each picture. All pictures, where there is no notice about the Extended license are available only with the Standard Royalty Free license and it is not possible to use this images on objects for resale. The license does not award copyrights to either you nor to any third party. No images on this website can be resold or redistributed in any way without prior consultation with Pixmac or their written approval.
Please be aware, that all the content of this website; including photos, illustrations, texts and other related materials, may be protected by the intellectual property laws. However Pixmac makes all reasonable efforts to avoid any copyright and trademark infringements. The visitors and users of this website are entirely responsible for clarifying potential copyrights and any third-party right infringements. In case of uncertainties, you are responsible for consulting with a legal adviser.
When using images downloaded from our website, it is highly recommended you credit the photographer and agency. (Example: Name of the photographer/Pixmac).
You agree not to use any images downloaded from this website for sensitive subjects; including, but not limited to, sexual or social issues. In particular any usage together with pornographic material or in pornographic material, usage for extreme political messages or racism and usage for creating fake personalities or people, drivers licenses, internet identities with pictures, usage in applications using the image as an avatar or as an interactive virtual person or entity saying things, usage as an image labeled with the name of someone else, pretending the model is someone else, is strictly prohibited. If you are uncertain about the limitations awarded by this license, please contact Pixmac at customersupport@pixmac.com
Available Licenses - type of picture: Editorial
You understand and agree that all images on this website stored under EDITORIAL tab and marked as type "Editorial" are sold with the Personal Royalty-free license and that you can only use images downloaded on your account within the limits of this license. The license is awarded to the owner of the account and can not be transferred to third parties. For the Personal Royalty-Free license you pay only once and can use the images for any purpose which does not contradict the restrictions of this agreement. You can use the images for personal and non-commercial use only like personal blog and personal print. Any commercial usage is strictly prohibited - especially publishing of picture in any media produced by professional journalist or media company, publishing of picture in print for other than personal use, publishing of picture on commercial (corporate) website. If you use any images for a website, you are not permitted to make them available for download.
Resale or redistributionof of pictures are strictly prohibited. The license does not award copyrights to either you nor to any third party. Non of the pictures contain model-release or property release.
Credits
A credit is a monetary unit of Pixmac money.The price of pictures and commissions of contributors are indicated in credits and the price of credits is described in the Pricelist. Credits expire after 1 year from the date of purchase. All bonus credits expire after 3 months from the date the member gained them.
Refund Policy
Within 7 days of purchase, you may request a refund for any fees paid relating to any images you could not download. You may also request a refund if any downloaded picture has a technical defect which you did not notice before downloading. In this instance, you are bound to remove the downloaded content immediately after you have received the refund and are not allowed to use it in any way. No refunds are possible after 7 days from purchase. If you have any questions regarding refund policy, please contact customersupport@pixmac.com.
Unauthorised Use
None of the images on this website can be used as a trademark or service-mark without prior consultation and written consent from Pixmac. It is strongly prohibited to use images for any pornographic, racist or unlawful purposes, as well as to violate any copyright, trademark or service mark, and including the use of images for any subjects which could be considered offensive or abusive to the models in the image. You are responsible for the use of images downloaded on your account from this website. You are also liable for any damages from infringements connected with such unauthorized use. You are also fully responsible for any possible monetary demands from third parties and/or Pixmac, caused by the unauthorised use of downloaded images.
Uploaded Material - Copyright and Third Party Rights
Pixmac does not permit contributors to upload to its website any material which could infringe any rights of third parties. By uploading images to this website, you warrant that you have full rights to all images including copyright, right to publicity and any other applicable in law. By uploading images to this website, you grant to Pixmac the non-exclusive license to put uploaded images (and all information added to the images) on its website, making them available online to clients. This includes distributing them via different channels to clients, as well as sub-licensing the uploaded material to clients or affiliates. You agree that there are no financial compensations to be paid to you as contributor or to any third party, by Pixmac or its owners, directors or employees, for the license granted herein, unless your images are downloaded and you reach the payout limit. Pixmac reserves the right to remove any accepted picture from its website without prior notice to the contributor and without having to justify it to the contributor.
Model and Property Release
A perpetual, worldwide model or property release is required for any image which might depict a person, object or place or which could be subject to copyright, right to publicity, or property rights. The contributor must add the appropriate release forms from the model, property proprietor or other responsible person.
Royalties for Contributors
Pixmac acknowledges to pay royalties to the contributor when ever his/her material is downloaded. The contributor can not request the payment before their balance reaches $50.
The royalty for images uploaded before April 1st 2009 downloaded with the non-exclusive license is 50% for the contributor, and 60%, for images downloaded with the exclusive license.
The royalty for images uploaded after April 1st 2009 downloaded with the non-exclusive license is 30% for the contributor, and 45% for images downloaded with the exclusive license. After the volume of sales exceed $100 the royalty with the non-exclusive license is 44% for the contributor, and 60% for images downloaded with the exclusive license.
Exclusive and Non Exclusive License
The standard license granted by you as the contributor to Pixmac is the non-exclusive worldwide license, without any limitation on the number of copies. The non-exclusive license means that you can upload the same image to as many other stock agencies as you want. You can also offer your images under Exclusive license which means that the images and all their variations are available only through Pixmac and can not be offered by other stock agencies or through other channels. To remove the exclusive license to the image, you must send a prior written request to Pixmac. Upon receiving the request, Pixmac reserves 90 days to remove the exclusive rights to the images. If you violate the Exclusive license granted to Pixmac, you will be fully responsible and liable for all monetary and non-monetary demands which may be incurred in connection with the violation of this agreement.
You can remove or disable your approved material from this website any time you want.
Liability
You acknowledge and agree that Pixmac s.r.o; its owners, directors, employees and affiliates, in no case shall be liable for any damages (including but not limited to loss of any information or any pecuniary loss) related directly or indirectly to the use of this website. The absolute maximum liability according to the Terms and Condition agreement shall not exceed 10 CZK, except liability which can not be limited by the law.
Pixmac cannot guarantee the error-free operation of this website, nor can Pixmac guarantee that available services will be provided without any interruptions. Hereinafter, Pixmac cannot guarantee information regarding the images or text contained on this site or guarantee all copyright laws have been abided by the photographers. Pixmac cannot guarantee the use of the website will be beneficial or profitable to you or any third party.
The Trade Mark and Logo of Pixmac
Unless otherwise indicated, trademarks and logos of Pixmac shown on this website may not be used without prior notification and written consent from Pixmac.
Applicable Law
This website is owned and operated by Pixmac s.r.o., Koněvova 141/2660, Prague, Czech Republic. Although you may access this website from other territories around the world, by accessing this website you agree that its use, the use of any material contained on the website and the use of all services provided, will be governed by the laws of the Czech Republic, regardless of how they may differ from the laws of the country from which you are accessing this website. You can reject this agreement but only after sending written notice to Pixmac. Pixmac has 30 days from receipt of your written notice to remove your account.
Pixmac reserves the right to change this agreement anytime and without any further notice.
Affiliate Program
The affiliate program gives to all Pixmac's members the opportunity to be rewarded for promoting Pixmac. Joining the program doesn't entitle you to represent Pixmac but only recommend it. The member joining the affiliate program agrees to promote and recommend Pixmac only by legal means. The member is not allowed to use spam for the promotion or any similar means. If such activity is detected, Pixmac will take appropriate legal action. The member is responsible for all damages caused by such activities.
The member joining the affiliate program has the right to be rewarded for the purchases of their affiliates. An affiliate can be a picture buyer as well as a photographer. An affiliate is a new member who opens an account on Pixmac after the recommendation of a Pixmac member who joined the Pixmac's affiliate program. By recommendation means that the new member opens an account with Pixmac after clicking on the affiliate link. The affiliate link is a hyperlink containing the unique member's reference ID. The member's link with his unique ID is displayed in the section "My account" on Pixmac's website. The member can use the link to promote Pixmac or the pink part of the link or one of the banners offered on Pixmac in the My account section. The member joining the affiliate program on Pixmac will get 25% of every picture purchased by their affiliate. This means that the member joining the affiliate program will get 25% of Pixmac's net revenue for this purchase. In case a picture is purchased by a member's affiliate and is taken by a photographer who is also the member's affiliate, the member will receive 50% of Pixmac's net revenue for this picture purchase. The affiliate relationship lasts for an unlimited time as long as the member joining the affiliate program has an opened account with Pixmac and agrees to the terms of the affiliate program. The rewards are distributed to members in credits, which may be converted into money according to these terms and conditions.
Pixmac has the right to modify or cancel the affiliate program as well as to change its current terms and conditions without any prior notice. If the member doesn't agree with the new conditions they should stop promoting Pixmac and participating in the affiliate program. If the member continues to promote Pixmac, it will be taken as full acceptance of the new terms.
