License Agreement. Pixoto's website enables any person or entity who owns or is otherwise authorized to license Images (the "Content Owner") to post such Images on the Site.
- the collection, copying or distribution of any portion of the Site or the Site Materials;
- any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
- modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
- scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
- with the exception of your own photos, or others' photos available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or
- any use of the Site or the Site Materials other than for their intended purposes.
- Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of Pixoto or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.
User Content, not owned by you, may be posted and distributed on personal blogs or other social media outlets through use of Pixoto provided sharing methods including, but not limited to Twitter Share, Facebook Like, Google +1, and Embed feature. Embed feature html code snippet must be used unmodified and User Content images must be displayed no larger than 640x640 pixels. Use of any non-approved method for sharing User Content is strictly prohibited. All distributed or shared User Content must be hosted by Pixoto and must not be copied to another location.
Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act and other applicable law, Pixoto has adopted a policy of terminating, in appropriate circumstances and at Pixoto's sole discretion, account holders who are deemed to be repeat copyright infringers. Pixoto may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints. If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Designated Agent: Jason Kiefer
E-mail Address of Designated Agent: jason [at] pixoto [dot] com
Trademarks. "PIXOTO", the Pixoto logo, “ImageDuel”, the look and feel of the Site, and any other Product or Service names, logos or slogans of Pixoto contained in the Site are trademarks of Pixoto (collectively, the "Pixoto Marks") and may not be copied, imitated or used without the prior written permission of Pixoto. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
Hyperlinks. You may create a text hyperlink to the Site, provided such link does not portray Pixoto or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Pixoto at any time. Further, you may not, frame the Site without Pixoto's express written consent. Pixoto makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Pixoto provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern.
Third Party Content. Pixoto may host third party content on the Site ("Third Party Content") solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by Pixoto of any Third Party Content. Pixoto makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.
Advertisements And Promotions; Third Party Products and Services. Pixoto subscribers (on their own sites) or Pixoto (on public areas of the Site) may run advertisements and promotions from third parties on the Site or facilitate the sale of certain products or services by third parties through the Site. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and Pixoto does not endorse, approve, or control any such products, services, advertising or promotions. Pixoto is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party products and services on the Site.
You retain the copyright in any User Content you post on the Site. Pixoto neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant Pixoto a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content, rank the content using ImageDuels, provide the Services and to facilitate, at Content Owner's direction, the license of Images or the sale of Products on the Site.
Pixoto Market. By adding your User Content to the Pixoto market you also agree to the Pixoto Market Terms & Conditions which are incorporated here by reference and are available in full at www.pixoto.com/market-terms
Account Security. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify Pixoto of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to Pixoto.
DISCLAIMER OF WARRANTIES. THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PIXOTO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES. PIXOTO DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM PIXOTO OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIXOTO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. PIXOTO ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.
LIMITATION OF LIABILITY. IN NO EVENT SHALL PIXOTO OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM PIXOTO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PIXOTO'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PIXOTO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PIXOTO FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. 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 TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.