This Terms of service (“agreement”) is between you the [“User” or “you”] and PIXAHIVE STUDIOS PVT LTD (collectively, “PIXAHIVE”, “we”, “our” and “us”.)
This agreement, govern your access to and use of our services, including our various websites, mobile applications, services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services, you agree to be bound by these Terms.
If you do not agree with all of the provisions of this agreement, you cannot use the Services of PixaHive. To remove any doubt, in the event of any conflict or discrepancy between these Terms of Service and any other provisions and/or terms and/or otherwise between PIXAHIVE and you, the provisions and the terms of these Terms of service will prevail. Please feel free to contact us with any questions regarding the content of this agreement. You can contact us via pixahive.com/contact-us/ , a ‘contact us’ form shall be displayed where you are required to fill in your name, your email, subject and message to us.
Therefore, the use of pixahive.com is subject to the following terms of service. PIXAHIVE reserves the right to update the agreement at any time without notice to the user. The most current version of the agreement can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.
You may use the Services only if you agree to form a binding contract with PIXAHIVE and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 16 years of age. Users under 16 years of age can use the service only under the supervision of a guardian or parent. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify PIXAHIVE for any losses, costs or damages, including reasonable legal fees, incurred by PIXAHIVE in relation to, or arising out of, such a breach.
2. ABOUT PIXAHIVE
PIXAHIVE is a free stock photography website where users get the opportunity to upload images according to our image submission guidelines and to download images. We are committed to help Photographers build a portfolio to impress and get Jobs as well as help Users and Small Business get High-Quality Images for free.
We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content.
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, and/or other services offered by PIXAHIVE via www.pixahive.com (“Website or site”);
(b) The uploads and downloads of images on the site.
4. USER REGISTRATION
When you create an account on the website before using the Services, your username and password will be chosen by you. You are responsible for all actions taken under your chosen username and password.
By creating an account on the Site you warrant:
- That all the details you provide are true, accurate, current and complete in all respects;
- To only create one (1) account and to only use the Site using your own username and password;
- Not to disclose your password to anyone and to make every effort to keep your password safe;
- To change your password immediately upon discovering that your account has been compromised; and
- To notify us if you suspect someone has accessed your account without permission.
PIXAHIVE reserve the right to terminate your account and to suspend or terminate your access to the website immediately and without notice to you if:
- You breach these Terms;
- You are impersonating any other person or entity;
- You are uploading illegally obtained images;
- You are uploading Pornographic material;
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or
PIXAHIVE suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation.
6. GUIDELINES FOR IMAGES SUBMISSION
At pixahive.com we want users to have the best experience and find the best photos. Hence, we require all photographers to follow a set of guidelines while uploading images on our platform.
To find out more on our image guidelines, please visit https://pixahive.com/guidelines/.
7. IMAGES CONTAINING PEOPLE
If a user uploads an image on pixahive.com containing a person or persons with clearly or partially visible face, then it is the responsibility of the photographer (user) to have an appropriate contract or permission to upload such photos on pixahive.com with the person visible in the picture. Any such contract between the photographer (user) or models (person or persons in the image), must be maintained by the user. It can be required by law or governing authorities to present such contract at any point of time in future. Failure to providing such contract to law, would mean suspension of account on PIXAHIVE.
PIXAHIVE can in no way be held responsible for such uploads and all such content is responsibility of the photographer (user).
8. USER GENERATED CONTENT UPLOADS
If you upload, post or submit any content on the Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any content.
Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
Use respectful language. Like any community, the online conversation flourishes only when our members You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission“) may be edited, removed, modified, published, transmitted, and displayed by PIXAHIVE and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds and APIs and made available for republishing through other formats.
You grant PIXAHIVE a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for PIXAHIVE, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by PIXAHIVE, including any Submission posted on or to the Services through a third party.
You are solely responsible for the content of your Submissions. However, while PIXAHIVE does not and cannot review every Submission and is not responsible for the content of these messages, PIXAHIVE reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.
By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
9(a) – LICENSE 1 – CC0
All Stock Photos on our site are distributed under the CC0 Public domain license. This gives you and everyone the right to use our images in any way you want. No Rights Reserved.
PixaHive.com staff doesn’t upload any images on the site. All images are uploaded by various contributors and photographers. If you feel any image is violating your copyrights, please contact us for removals.
9(b) – Editorial Use Only Images
Editorial Use Images are also free to use but come with restrictions. These restrictions are especially due to the presence of well known figures, brands or logos in the image. Its the responsibility of the Uploader or photographer to put their images under this license if they are not sure they can put their image in public domain. If you are a photographer, and you have such images, please contact us.
Learn more about Editorial Use Only.
9(c) – PixaHive License
Any images under the PixaHive License will be explicitly specified on the download page of each picture. The PixaHive license is an extension of the CC0 License. You can use the images for free without the need for any attribution.
Learn More about PixaHive License.
Please be aware that while all Content under the PixaHive License is free to use, few items in the Content, such as identifiable people, logos, brands, audio samples etc. may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or the license of these rights – particularly for commercial applications. Pixahive does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.
10. COPYRIGHT NOTICE
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing PIXAHIVE content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Acr, 17 U.S.C, 512 (c) and as specifically applicable to users from the United States.
If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part (ii) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder’s signature or electronic signature.
Use of the service on the site is absolutely free to upload and download, our certain advanced features might require you to pay a usage fee. For this reason, Payment method on the site will done through PayPal, Debit or Credit Cards & Online Wallets.
12. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. PIXAHIVE hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. PIXAHIVE shall not be liable for the use or content of Internet sites that link to this site or which are linked from it.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless PIXAHIVE , and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “PIXAHIVE Parties”), from and against all actual or alleged PIXAHIVE Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify PIXAHIVE of any third-party Claims and cooperate with the PIXAHIVE Parties in defending such Claims. You further agree that the PIXAHIVE Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and PIXAHIVE.
Your access to and use of the Services and content provided on Pixahive.com are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (PIXAHIVE ENTITIES are PIXAHIVE founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PIXAHIVE make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from PIXAHIVE or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the PIXAHIVE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PIXAHIVE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIXAHIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PIXAHIVE EXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT PIXAHIVE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
If PIXAHIVE decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
16. GOVERNING LAW AND JURISDICTION
These general terms and conditions in relation to the use of Pixahive.com is hereby governed by, and constructed and enforced in accordance with the laws of Punjab, India. The competent courts in Punjab India, shall have the exclusive jurisdiction to resolve any dispute between you and Pixahive.