Welcome to Pixtures
Pixtures povides services that enable people to show and share their photography. These Terms govern your use of Pixtures and the other products, features, services, technologies, and software that we offer (the Pixtures Products or Products). These Products are provided to you by Pixtures together with Terra Vitae Limited. It's important for you to know that we don’t sell your personal data to anyone, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with anyone unless you give us specific permission, or if you include this informaiton on client facing pages. Our Privacy Policy explains how we collect and use your personal information to determine what you see and what we provide. You can also go to your profile at any time to review and modify the information we hold.
1. The services we provide
Your experience on Pixtures will be unique to you because of the images and other content you permit to be shown, the other members that you follow and other features you might use, for example search. We use the information you provide to help personalise your experience. We help you find and connect with people and others of a like mind across the Pixtures Products you use. There are many ways to express yourself on Pixtures and to help others find out about what matters to you - for example through the photos across the Pixtures Products that you use or by adding content to your portfolio profile. We will also help you discover content that is offered by others that use Pixtures and through other Pixtures Products.
2. Your commitments to Pixtures and our community
We provide these services to you and others to help advance our mission which is to facilitate the sharing of photos and other information. In exchange, we need you to make the following commitments:
1. Who can use Pixtures
You must:
Provide accurate information about yourself.
Create only one account (your own)
Not share your password, give access to your Pixtures account to others, or transfer your account to anyone else (without our permission).
We try to make Pixtures broadly available to everyone, but you cannot use Pixtures if:
You are under 16 years old.
You are prohibited from receiving our products, services, or software under applicable laws.
2. What you can share and do on Pixtures
We want people to use Pixtures to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
You may not use our Products to do or share anything that breaches these Terms and other terms and policies that apply to your use of Pixtures.
That is unlawful, misleading, discriminatory or fraudulent.
That infringes or breaches someone else's rights, including their intellectual property rights.
You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
If you fail to meet these minimum standards of conduct we can remove or block content that is in breach of these provisions.
If we remove content that you have shared due to violation of thes tems we’ll let you know and explain any options you have to remedy this issue, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm other users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies. We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Pixtures.
3. In order to provide our services we need certain permissions from you
1. Permission to use the content you create and share:
Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws. You own the intellectual property rights (things like copyright) in any such content that you create and share on Pixtures and the other Pixtures Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above. Specifically, when you create an account, share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This means, for example, that if you share a photo on Pixtures, you give us permission to store, copy, and share it with others such as service providers that support our service or other Pixtures Products you use. This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. You can download a copy of your data at any time before deleting your account. When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where: immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it); your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or where immediate deletion would restrict our ability to: investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems); comply with a legal obligation, such as the preservation of evidence; or comply with a request of a judicial or administrative authority, law enforcement or a government agency; in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above cases, this license will continue until the content has been fully deleted.
2. Permission to use your name, profile picture, and information about your actions with ads and sponsored content
You give us permission to use your name and profile picture and information you have added to Pixtures next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you.
3. Permission to update software you use or download:
If you download or use our software, you give us permission to download and install updates to the software where available.
4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images or designs we provide that you add to content you create or share on Pixtures), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
4. Additional provisions
1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests. No notice is given before we make changes to these Terms. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Pixtures community, you can delete your account at any time.
2. Account suspension or termination
We want Pixtures to be a place where people feel welcome and safe to express themselves. If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.
3. Limits on liability
Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights. We will exercise professional diligence in providing our Products and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
4. Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply. If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Pixtures Products ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the United Kingdom and that English law will govern these Terms and any claim, without regard to conflict of law provisions.
5. Other
These Terms make up the entire agreement between you and Pixtures regarding your use of our Products. They supersede any prior agreements. Some of the Products we offer are also governed by supplemental terms. If you use any of these Products, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as selling products you must agree to our Commercial Terms.