Terms and Conditions
Please read these terms before using this website. Using this website indicates that you accept these terms. If you do not accept these terms and conditions then do not use this website. By ticking the box that confirms agreement to these terms and by using this website, you agree to be bound by the terms and conditions of this agreement.
Disclaimer: we may include on our site links, references or lists of websites and companies. The content provided by these organisations and any other third party providers is not under our control and we are not responsible for any content contained in any such website or company or any loss suffered by you in relation to your use of such websites and/or companies. You waive any and all claims against upixa regarding the inclusion of links to outside websites or your use of those websites.
- Ownership: upixa owns and operates this site: all of the content featured or displayed on this website is owned by upixa, its licensors and/or its content providers.
- Intellectual Property:The upixa website is protected by copyright, moral rights and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with upixa or one of its subsidiaries, no portion or element of this website or its content may be copied or retransmitted via any means. Rights remain the exclusive property of upixa or its licensors unless otherwise expressly agreed.
- Use of content on website: Images, with the exception of watermarked images, may be used commercially only once you have entered into a licence agreement by paying the relevant fee. Watermarked images may be used only for your internal roughs and layouts. Upixa does not grant you any licence to use these Images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online system. Except for this limited, internal testing and sample use, upixa grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked images.
- Model and Property Releases: Because of the open and contributory nature of our engine, Upixa is unable to give any representations or warranties whatsoever as to the existence of any Release associated with an Image. Descriptions and any other information associated with an Image is the responsibility of the individual Contributor who submitted the Image. Upixa gives no representations or warranties with respect to the use of names, trademarks, brands or logos, uniforms, registered trade marks or copyrighted designs or works of art which may be depicted in an Image. You must satisfy yourself that all necessary rights, consents or permissions which may be necessary for Reproduction of the Image are in place.
- Email: We may send you necessary business information by email or post. We may also send you information of a marketing or promotional nature to the mailing addresses you provided on registration. From time to time we may notify you of special promotions, new products or services, or other information that we believe may interest you.
- Data Protection: The information you supply on the registration form will be kept on a database.
- Indemnification for Breach: You agree to indemnify upixa, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of the Terms of this Agreement or your unauthorised use of the content and related rights.
- Disclaimers: This website and its content are provided "as is" and upixa excludes wholly and absolutely any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for any purpose whatsoever. Without exception, no facility or function of this website is warranted to be without error, uninterrupted, or reliable. Neither Upixa nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, direct, indirect, exemplary, special, incidental, compensatory, consequential, lost profits, punitive or any other form of damages) arising out of your use of or inability to use or as a result of the performance of this website or the Content whether or not we have been advised of the possibility of such damages. You, not upixa, assume the entire cost of all necessary servicing, repair or correction due to your use of this website. There may be links to other websites from the upixa website; we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against upixa regarding the inclusion of links to outside websites or your use of those websites. Upixa uses reasonable efforts to ensure the accuracy and reliability of all our Content, but we make no representations or warranties as to any of the Content's accuracy or reliability.
- Governing Law and Jurisdiction: This agreement is governed by the laws of England and Wales whose courts are the courts of exclusive jurisdiction.
Contributor Terms and Conditions
By registering as a contributor with Upixa.com, you agree to abide by the following conditions:
- You may only upload an image for which you own the copyright or otherwise possess full legal title (i.e. you created the image ("original artwork") and you have rights of ownership over it) or you own or have been granted the right to re-sell the image (e.g. you bought the copyright to it, or you are an agent or library acting on behalf of a third party who has specifically given you the right to sell such material on their behalf). Where the contributor is an individual, ownership of the copyright and the legal right to resell the image must reside with that individual. Where the contributor is a limited company or partnership, the company or partnership must own or exclusively control the right to re-sell an image or must have been specifically granted such a right.
- Responsibility for everything that you upload rests entirely with you. If you upload photographic images or any other content which gives rise to a legal claim or causes another party to suffer loss, you are solely responsible for all and any such claims which may arise.
- You may not upload any image which might be considered by a reasonable person to be libellous, obscene, defamatory, pornographic or unlawful. You may not upload any image which would be illegal in any part of the European Union or United States of America or could be considered inappropriate or offensive.
- You are wholly responsible for the reprographic quality of all images you provide and it is your responsibility to ensure that images are free of marks, scratches, distortion, exposure or focusing anomalies and any other imperfections or technical errors unless these are creatively intentional and/or are integral to the creative effect and are noted as such.
- We reserve the right to suspend your account, delete some or all of your material from our servers, and modify some or all of any text or other content you may supply at our discretion at any time without giving any notice, reason or warning. We reserve the right to reject any material supplied by you to us at any time without giving reason. You remain responsible for maintaining backups of your material and any other inputs and we take no responsibility for any loss.
- It is not acceptable for contributors to upload image content which is not of sufficient quality, either technically or in composition, to be commercially viable. Uploading personal, family snaps or similar is not permitted. Likewise it is not permitted for a contributor to upload any image material which is not of professional quality or is not, in our sole opinion, commercially viable for sale. Any contributor found so doing may be initially asked to desist and delete any such images to comply with our useage terms. Depending on our sole judgment the contributor may have their account immediately terminated without notice upon performance of which termination all content uploaded by the contributor or linked to the contributor's account will be immediately deleted without warning.
- With respect to declarations of valid model and property releases, you agree to be accurate in your declaration of such releases. Contributors found to have falsely declared a model or property release will have their accounts terminated and all images deleted. Where you have obtained or intend to obtain a model or property release, you can print out a ready-made template form for this purpose for images you have uploaded in the image management area. You may be requested to provide copies of releases and you agree to comply with any requests for copies within seven working days of a request being made by email, telephone, or fax.
- As a contributor you agree that upixa may reproduce any of your published images in part or in whole where such images are used solely for promoting upixa.
- Privacy: We take the privacy of our contributors seriously and therefore we commit that we shall never knowingly permit your email address to be used for any purpose other than transmission of emails from upixa concerning the operation and use of your account or regarding news and information or other relevant material which may be sent from time to time from upixa. We will not sell, pass on, swap or otherwise distribute any of your details under any circumstances to any third parties. We are committed to spam prevention will not pass on your details for third party marketing initiatives.