Terms and conditions
THIS DOCUMENT IS A VERY LONG AND CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY CHECKING THE FINAL TABLE THESE TERMS AND CONDITIONS OF USE (THIS "AGREEMENT"), YOU AGREE TO BE BOUND BY THIS AGREEMENT. WE RECOMMEND THAT YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
This Agreement governs the use of Fotostockpix.com website, including, without limitation, loading and unloading of photographs, illustrations, images or other pictorial or graphic works ("Works") to or from the website Fotostockpix.com the access to web logs and forums, and any and all services offered by Fotostockpix on or through the Fotostockpix.com website (the website Fotostockpix.com along with all previous applications and services, hereinafter called the "Web Site ").
1. Description of the Website and Membership
The website provides, among other things, an online marketplace for loading and unloading works. In addition, the website is generally divided into two sections: a public and a private section. The public section offers to all visitors, among other things, general information on the website, the ability to view Works on the Web site, a search engine to search for works on the website, the ability to view and post comments on Fotostockpix official blog (the "Blog Fotostockpix"), the ability to view and post comments on personal blogs (each, a "Member Blog") from visitors who have registered as members of the website ("Members" ), and a process by which visitors can register to become members, as described below. The private section is only accessible by Members. The private section offers members (plus all the services available in the public section) the ability to upload and download works on the website under the agreement up or download content, the ability to publish material or other content on personal blogs and the ability to access their accounts on the website ("User Account").
When a web site visitor registers to become a member, he or she will select an available user name ("User Name") and associated password ("Password") to create a single account staff. During registration, each member will have the opportunity to accept a country designation default (and also language and currency Fotostockpix pre-determined for that country) based on IP address from which the member agrees to Website. Fotostockpix, in its sole discretion, may give each member the opportunity to enter a country other than the default (but the language and currency linked to that other country shall be pre-determined by Fotostockpix to correspond to another country). Once this information is entered during the registration process, that information can not be revised later. Members will also be required to specify whether he or she is registering individually or on behalf of a company or entity (and, if so, the name of the company or entity).
Each Member shall upload their works through your account, and such works are subject to Content Submission Agreement based on criteria specified by the members as to exclusivity, permitted uses of the work and the like. The Member shall also enter keywords and a description of the work so that work can be classified and searched by the search engine's website. Downloads and non-exclusive sublicenses to users of works shall be in accordance with the pricing and payment policies set out in the website. The exclusive sublicense will be determined by the Member. Fotostockpix may also, in its sole discretion, place limits on certain types of cargo works.
Each Member must download a job through your membership or account, and such work shall be subject to the application of content download contract on the basis of criteria specified by the Member, and also on the criteria specified by the member who has uploaded work. A member must be able to download a job for a particular purpose only if he or she pays the applicable number of Credits (as defined below) on the website, and only if he or she accepts the provisions of the agreement content download and use the work.
2. General agreements
Your use of the Website constitutes your acknowledgment and acceptance of the terms and conditions of this Agreement, and you will be bound by the terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement shall not use or access any part of the website and do not use any services offered on the website.
Fotostockpix have the right, in its sole discretion, to change the terms and conditions of this Agreement, in whole or in part, at any time, and such amendments will be effective immediately upon posting of such changes on the Website. Your continued use of the Website after such changes constitutes acknowledgment and acceptance of the terms and conditions of this Agreement, as amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, does not use or access the Web Site.
If at any time the terms and conditions of this Agreement are no longer acceptable to you, as a result or not changes made by Fotostockpix not use the Website.
The services available on the website are only available to, and may only be used by individuals who can enter into legally binding contracts under applicable law. Without limiting the foregoing, services on the Site are not available to minors (ie persons under the age of eighteen) except under the supervision of an adult parent or guardian and such parent or guardian is responsible for all uses of the Web. Membership in the Website may not be sold or otherwise transferred to another person or entity. If your use of the website is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement.
3. Use of Works
You can only upload or download Works to or from the website in accordance with the terms and conditions of this Agreement and the agreement of loading or unloading of applicable content. You may not use, reproduce, distribute, display or create derivative works based on the works that appear on the site unless you enter into an Agreement of downloadable content, and may do so only as expressly permitted under terms and conditions of the content download.
You acknowledge and agree that ownership of the works can not be transferred, and that any sale of the works can be done, on or through the website. Only the rights expressly granted a license applicable content download. You acknowledge and agree that Fotostockpix or its licensors retain all ownership rights and works, and that those works are covered and protected by copyright, trademark and other intellectual property rights Fotostockpix or its licensors.
You agree not to use the website in any manner not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
You may not upload or send to the website, or use the Website for the transfer of jobs or any other material or content that is covered or protected by copyrights, trademarks or other intellectual property rights unless you own or control such rights or have received all necessary consents shaped. Fotostockpix not allow activities that infringe copyright and the violation of intellectual property rights on its website and remove all Works Fotostockpix be properly notified that such work infringes the intellectual property rights. Fotostockpix reserves the right to remove Works without notice. Fotostockpix will terminate user access to your site if it determines that the user is a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and / or has had a user submission removed from the Website more than twice.
You may not upload or send to the website, or use the Website for the transfer, delivery of works or any other material or content which is libelous or slanderous or defamatory, obscene or indecent.
You may not upload or send to the website, or use the Website for the transfer, delivery of works or any other material or content that contains or constitutes viruses, worms, Trojan horses or other malicious code, disruptive and / or destructive features . You may not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or for any service or information that was not intentionally made available to you by Fotostockpix on or through the Website. You may not attempt to gain unauthorized access to the account of any other person or entity, or otherwise interfere with any other person or entity's use of the Website. You may not use any false or misleading (eg false or misleading names, email addresses or URLs) when using the Website, including, without limitation, regarding the origin or source of work or any other material or content you upload or any identifying information in your user account.
Fotostockpix reserves the right to decide whether any work is appropriate and complies with this Agreement in addition to other violations of copyright infringement and violations of intellectual property rights, such as but not limited to, pornography or obscene material or defamatory. Fotostockpix may remove any work and / or terminate a User's access for uploading such material in violation of this Agreement at any time without prior notice and at its sole discretion.
You may not use the Website in a fraudulent manner, or otherwise not reasonably intended to be used. By way of example and without limiting the generality of the foregoing statement, you do not download works with the primary purpose of artificially inflating the ranking or position of a particular partner or for the primary purpose of artificially triggering payments to contributors. A co-worker, or someone else on your behalf, can not download the work that the employee has been uploaded.
5. Notification of Claims of Infringement
If you own the copyright or an agent thereof and believe that any work of users or other content infringes upon your copyright, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent the following information in writing (see 17 USC 512 (c) (3) for details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works online, a single notification, a representative list of such works at that site;
Identification of the material that allegedly infringes or is the subject of infringing activity and that can be removed and information reasonably sufficient to permit Fotostockpix locate the material;
Information reasonably sufficient to permit Fotostockpix contact you, such as address, telephone number and, where appropriate, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Fotostockpix rights agent designated to receive notifications of claimed infringement is: Copyright Agent, Fotostockpix e-mail: firstname.lastname@example.org. For clarity, only DMCA notices should be sent to the agent of copyright and any other information, comments, requests for technical support, and other communications should be carried out by the usual channels of communication that has Fotostockpix. You acknowledge that if you do not meet all the requirements of this Section 5, your DMCA notice may not be valid.
6. Management and Operation of Web Site
You acknowledge and agree that Fotostockpix not have any obligation to review any Works or other material or content uploaded or posted on the website and shall not be liable for any such content works or other materials. Fotostockpix have the right, in its sole discretion to accept or deny, delete, move or edit any Works or other material or content uploaded or posted on the website. If you upload or post any Works or other material or content to the Website, or works or any other material or content is uploaded or posted on the website using your Membership Name or otherwise through your membership account, you are solely responsible for such works or other material or content.
You acknowledge and agree that Fotostockpix have no responsibility for any material or content linked from other websites via hyperlinks or which can be accessed from the website, including any blog, any blog comments or any forum at the web. You acknowledge and agree that Fotostockpix have no responsibility for any material or content on Web sites of other websites linked through hyperlinks.
Fotostockpix reserves the right, in its sole discretion, to change or discontinue any or all services on the Website at any time. You acknowledge and agree that Fotostockpix not have any obligation to do or continue doing, particular web site or any portion or related services available to you (whether such unavailability is voluntary or not by Fotostockpix). Fotostockpix reserves the right, in its sole discretion, suspend or terminate your user account at any time, including, without limitation, your User Name and Password.
7. Credits and Payments
Transactions on the site, including downloads of works and pay a user partner in the event that their work is downloaded, will be carried out using the web site credits ("Credits") in accordance with the Policy pricing and payment and subject to the amounts that may be due to Fotostockpix with respect to such transactions. If you are downloading a work, the appropriate number of credits is deducted from your account. In the case of collaborative user, the number of credits will be deposited into your account after the buyer receives Fotostockpix proof of payment is not enforceable. Credits in two forms: "Credit Standard" and "bid credits".
You can purchase credits for the purchase Standard only through credit or payment cards, online payment accounts, wire transfers or means permitted by Fotostockpix, or by earning if other users download their works. If you purchase any standard credit using a credit card or online payment account, you warrant that you are the cardholder or account holder and billing information provided is accurate, and you consent to Fotostockpix to charge the full purchase amount, including sales taxes or similar taxes. Credits purchased are not refundable, only credits earned by selling photos and affiliation may be redeemed. Only you can redeem your credits in the currency standard is indicated at the time you registered with the Website to create your affiliate account. Fotostockpix, in its sole discretion, may grant credits offered from time to time. Notwithstanding anything to the contrary contained in this Agreement, will never provide credit to redeem for cash, and can only use credits offered for transactions on the website.
If you have credit in your account both standard and offered in each of the charges against their credits account shall be charged equally from your Standard Credits Offered Credits (ie, half of the total burden of their standard Credit and half of the total charge of credit offered). If the standard credit amount in your account is less than half of total expenditures, all standard credit shall be charged, then the shortfall shall be charged against your Offered Credits (plus half of the total charge and are charged to your Offered Credits). If the amount of credits offered in your account is less than half of total expenditures, all of your Offered Credits shall be charged, and then the shortfall shall be charged to your Standard Credits (plus half the load total and charged to your Standard Credits).
8. User account
You acknowledge and agree that you will keep confidential the user name and password of the account provided by you Fotostockpix elected by you and approved by Fotostockpix for use with such membership and account. Your user account and password are personal to you and can not be shared or transferred to any other person or entity.
You acknowledge and agree that you are solely responsible for any and all of the details of your User Account, User Name and corresponding password, which can Fotostockpix based on the use of your User Account, Username and evidence that you use the Website.
9. Representations and Warranties
In addition to the representations and warranties made above, Fotostockpix and you represent and warrant that, or he or she is entitled to enter into this Agreement.
You agree to indemnify, defend and hold Fotostockpix and its affiliates and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub) licensees (collectively) from and against all claims, expenses ( including attorney fees) or other liability arising from your breach of any of its representations, warranties or obligations under this Agreement and any and all uses by you of the Website (including all uses under your Account User, user name, whether or not authorized by you), including, without limitation, any claim or action alleging infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or "false light" right of publicity or blurring or distortion or alteration of work or any other material or content whether or not intentional. Fotostockpix have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of their choice. You shall cooperate fully with Fotostockpix in defending any claim, action or matter.
11. Limitations and Disclaimer
You agree that neither Fotostockpix nor its affiliates, nor any of its respective officers, directors, employees, owners, agents, representatives, licensors and (sub) licensees (other than you, as appropriate), shall be any damages, whether direct, incidental, indirect or consequential, arising from the use by you of the Website, even if such parties have been advised, or warned of the possibility of such damages.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The sake of clarity, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NO FOTOSTOCKPIX REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEB SITE WWW. FOTOSTOCKPIX.COM OR SERVICES OFFERED ON THE WEB SITE WWW.FOTOSTOCKPIX.COM OR WORK OR OTHER MATERIALS OR CONTENT AVAILABLE ON THE WEB SITE WWW.FOTOSTOCKPIX.COM, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ALL NECESSARY SERVICING, WORKS OR OTHER MATERIALS OR CONTENT OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND / OR DESTRUCTIVE FEATURES.
Fotostockpix not responsible for the works or any other material or content uploaded or posted on the Web Site, including without limitation, any material or content uploaded or posted by any member on the website, in any forum or comment on a blog.
12. Duration and Termination
This Agreement shall continue in perpetuity unless terminated in accordance with this Section 12. Fotostockpix at any time may terminate this Agreement at its sole discretion, including without limitation, breach by you of any of its representations, warranties or obligations under this Agreement, or for inactivity by you with respect to the use the Website. You may at any time terminate this Agreement by logging into your Membership Account on the Website and then sending a termination request to Fotostockpix. In the event of termination by Fotostockpix, Fotostockpix will notify you of such termination. Fotostockpix reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, the deactivation of your User Name and Password.
13. Effect of Termination
Upon termination of this Agreement:
your user account will be canceled and closed and your username and password will be deactivated;
All works posted by you shall be removed from the website, provided, however, Fotostockpix can still use the Work for internal archival and reference;
credits will be redeemable for cash for that, after deducting all transaction costs in accordance with the standards of Fotostockpix Standard pricing and payment policies and
you will lose all rights, title and interest of all loans offered.
Termination of this Agreement shall not relieve you of any payment obligations that may have arisen prior to termination, or any other obligations under any other agreement that has not been completed, and the agreement of loading or unloading content. The provisions of Sections 8, 10, 11, 13 and 15 shall survive termination of this Agreement.
Fotostockpix reserves the right, in its sole discretion, to terminate your user account at any time and for any length of time. In that case, and for as long as Fotostockpix suspend your Account Membership, you will not be able to upload any Works on the Website, but you can still access your affiliate account through your Member Name and Password and download works and view and comment on the blog of blogs Fotostockpix and other Members, and other material or content. For the sake of clarity, Fotostockpix not remove any Works you have uploaded prior to suspension of your account membership and those works are still available for download.
This Agreement shall be governed by and construed in accordance with the laws of Valencian community without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or in connection with this Agreement shall be instituted in a court of competent subject matter within the jurisdiction of state courts of Valencia and Fotostockpix you and submit to the personal jurisdiction of such court and waive any right each may have to claim lack of personal jurisdiction or inconvenience of forum.
The relationship between Fotostockpix and you under this Agreement is that of independent contractors. For the sake of clarity, the parties are not joint participants, partners, principals and agents, or employer and employee. Neither party shall have the power to bind or obligate the other in any way. You agree that you will be responsible for all use, sales, value added and similar taxes and duties imposed by any governmental authority in any jurisdiction in connection with your use of the website.
No waiver by Fotostockpix to exercise any power, right, privilege or remedy under this Agreement and without delay by Fotostockpix to exercise any power, right, privilege or remedy, shall preclude any other or further exercise or any other power, right, privilege or remedy. Fotostockpix have the right, in its sole discretion, to transfer all or part of its rights or obligations under this Agreement. You have no right to assign any of its rights or obligations under this Agreement.
This Agreement shall inure to the benefit of and be binding upon, Fotostockpix and you, and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, except Fotostockpix and you, and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
Whenever the context so requires, the singular number include the plural and vice versa and the masculine, feminine and neutral genders shall include each other. If any clause or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect. The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.