Last updated: 1st March 2013
1. The use of this website
You warrant that You are of legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree that You are responsible for all of your use of the site including for the use of your account by others whether intentional or not.
The Website contains images uploaded by its users. All images and graphics in generalon the Website are the property of either PIXELPIN and/or its users and are protected by international copyright laws. Use of these Images without license authority is prohibited.
PIXELPIN and its users endevour to provide accurate information on Images and on the services of the Website, however there can be some typographical and technical errors on it. PIXELPIN cannot be held liable for any losses or damages resulting from the inaccurary of any information or active code on the Website.
You may not access the PIXELPIN Services if You are Our direct or indirect competitor,except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
2. Uploading images
Both parties acknowledge that from time to time You may upload photographs or graphics to the Website, and PIXELPIN may screen these uploads to see if they are suitable for use. The policies behind this procedure are described here.
When selecting one of your pictures to upload to PixelPin you must ensure that:
- File format is: JPG, PNG or BMP
- Maximum file size is: 5MB
Please be patient after submitting your picture. The upload process may take several minutes.
You authorise PIXELPIN to hold on your behalf the picture provided by you as a pass picture for your, and potentially, other users use. PIXELPIN agrees not to sell these Images under any circumstances and not to distribute them outside the Website.
You acknowledge that under no circumstances can you demand money from PIXELPIN or those using the Images for the use of said Images.
You also acknowledge that the Images may be used at our discretion for promotional purposes for the PIXELPIN Website. Furthermore, You acknowledge that PIXELPIN does not allow the upload of Images that infringe on any copyright, property right, trademark or any other applicable right.
You are solely responsible for the Images You upload. You warrant that You own all proprietary rights regarding the Image, and as for Images depicting identifiable persons that You have obtained a valid, legal and signed Model release.
You acknowledge that even though We do our best to prevent it from happening, PIXELPIN cannot be held responsible for the misuse or abuse of any Image. We also reserve the right to remove any Image at any time if We believe it is offensive, of any sexual conitation or infringe on any right as mentioned. Copyright infringement issues such as uploading Images found on stock photography sites will result in the termination of this Agreement, the termination of your membership, and possible prosecution. We will under certain legal requirements pass on your contact details to lawyers acting on behalf of the image copyright owner.
You authorise PixelPin to store and process the image for the purposes of providing the service.
You acknowledge that the image may need to be made available to third parties for technical and other purposes relating to the service.
You consent to the image being transmitted, stored and processed on servers and through service providers engaged by PixelPin anywhere in the world.
You understand that the image may be viewed by PixelPin’s employees, subcontractors, service providers and other third parties and that You will not have prior notice of such access.
You grant that PixelPin has the right to publish the image to the public in general. You may replace the image at any time but PixelPin may need to keep a record of the image for technical and business purposes. Such record will be kept for as long as it is necessary for such technical, business or legal purposes and will then be deleted (insofar as commercially practicable).
You must not use an image depicting a person unless that person’s consent for the use of the image is obtained by You or can be reasonably implied.
You must avoid using images that could offend against the privacy or other legitimate interests of third parties.
You must use only his/her own images (in which You own the copyright) or images used with the consent of the right holder.
You waive his/her moral rights in the image for the benefit of PixelPin and any person using the image with PixelPin’s authorisation.
You must not use an image that infringes the copyright or which misuses confidential information of any third party.
You must not use images which contain defamatory, inflammatory, obscene or other inappropriate content.
Images must not contain any executable computer code.
You must notify PixelPin if any complaint is made by any third party in relation to the use of an image.
PixelPin may, at its own discretion, and without prior notice to You, whether in response to a complaint or at its own initiative, remove any image from the service and require You to provide an alternative image.
You must keep a copy of the image. The image will not be retrievable from the PixelPin service. The PixelPin service is not an image storage facility.
3. Registration and account security
PixelPin users are to provide their real names and contact information. You make a commitment to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on PixelPin.
- You will not create an account for anyone other than yourself.
- You will not create more than one personal account.
- If we disable your account, you will not create another one.
- You will not use your account for commercial gain.
- You will not use PixelPin if you are under legal age.
- You will keep your contact information accurate and up-to-date.
- You will not share your pass picture, the pass points or sequence thereof with anyone, let anyone else access your account, or do anything that might compromise the security of your account.
- If you select a nickname for your account we reserve the right to remove it if we believe you are not the owner of a trademark or other registered mark, for example.
Both parties can terminate your account for any reason with a written notice and proof of identity. Upon termination PIXELPIN removes all your Pass Picture Image from the Website.
You agree to indemnify, defend, and hold harmless PIXELPIN and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this website and the use or the inability of use of any Image or feature provided, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.
6. Warranty and Liability
You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or PixelPin exclusively in a court located in England. The laws of the United Kingdom will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in England for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on PixelPin, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE AIM TO KEEP PIXELPIN AVAILABLE, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE PROVIDE PIXELPIN AND ANY IMAGES “AS IS”WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PIXELPIN WILL BE SAFE OR SECURE. PIXELPIN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST MONIES, PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PIXELPIN. OUR LIABILITY ARISING OUT OF THIS STATEMENT OR PIXELPIN WILL NOT EXCEED THE GREATER OF ONE POUND STERLING (£1) OR THE AMOUNT YOU HAVE PAID US IN THE PAST MONTH FOR THE USE OF THIS SERVICE.