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Pixadock Operating, LLC is the owner and operator of www.pixadock.com and any affiliated websites and related mobile versions (“Pixadock, us, our, ours, etc.”). Pixadock is a stock photography platform that allows content Sellers (“Sellers”) to sell stock photos and other digital goods and services (“Photos”) to buyers (“Buyers”). These Terms of Use are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through Pixadock (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Pixadock, (“Materials”), and any Materials posted to or otherwise shared on Pixadock by you (“Content”).
By accessing Pixadock or using the Services, you accept and agree to our website policies, including these Terms of Use, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms of Use, (c) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and will promptly update this information as necessary to maintain its accuracy and completeness.
We reserve the right to revise these Terms of Use at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Use, we will change the “Last Updated” date at the top of these Terms of Use. You agree to re-visit this page on a frequentbasis, and to use the “Refresh” button on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Use, then you may presume that nothing in these Terms of Use has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Use in their entirety. You must agree to any updated Terms of Use or immediately cease use of Pixadock. If you fail to review these Terms of Use as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.
From time to time, we may offer virtual coins (“Coins”) to certain users thatengage in qualifying activities, as described in our Promo Rules. These virtual coins entitle qualifying users to participate in virtual games for a chance to win cash prizes (“Prizes”).
We are not a gambling service, we do not take or place illegal bets, and we do not recommend or encourage illegal gambling. Instead, we offer qualifying users the opportunity to play games for a chance to win Prizes in connection with and incidental to the sale of Photos. This activity falls outside the prohibitions imposed by state and federal gambling laws. Gambling, whether in-person or online, is not legal in all areas. If you seek information regarding any illegal activity, you must leave Pixadock immediately and shall not attempt to use the Services. You agree not to use the Services if doing so would violate the laws of your state, province, or country. Please consult with your local authorities or legal advisors before participating in online gaming of any kind. It is your sole and absolute responsibility to comply with all applicable laws, and you assume all risk in using the Services. Nothing on Pixadock shall be construed as legal advice on any activity relating to gambling. You assume all risk and responsibility for your use of the Services. We bear no responsibility for your use of the Services in connection with illegal gambling activities, and we do not condone illegal gambling. You understand and agree that the Services are for entertainment purposes only. We make no guarantee that the Services are legal in your jurisdiction.
All users may register for a single account on Pixadock, provided you meet the requirements set forth herein and otherwise abide by these Terms of Use. To purchase Photos on Pixadock as a Buyer, you must also provide a valid payment method. To sell your Content on Pixadock as a Seller or to win Prizes, you must also submit valid and current banking information and any other necessary documentation or information requested by us.
If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any Materials posted by our users.
You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
You may delete your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to Pixadock. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.
We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.
You understand that all we are offering you is access to Pixadock and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Pixadock or use the Services. All users may access certain public areas of Pixadock and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Pixadock for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of Pixadock or the Materials therein. If you are a Buyer or Seller, we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access Pixadock and use the Services and the Materials therein, as limited by your purchase of certain paid features and upgrades, including Photos. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Pixadock and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials.
We may permit you to submit Content to Pixadock for inclusion in our database. Except for personally identifiable information covered under our Privacy Policy, we will consider Content submitted to Pixadock non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to Pixadock.
You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, resell, and license the Content for our business (and the business of our successors), including for promoting and redistributing any part of Pixadock (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms of Use. This license shall include the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of Pixadock at our sole discretion. We may freely use this Content for any purpose.
Further, you grant each user of Pixadock a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform the Content through Pixadock, as permitted through Pixadock and under these Terms of Use, and as limited by that user’s additional purchases.
You understand and agree that you may only share Content that depicts one or more third parties if those third parties have consented to being depicted in the Content and to the Content being distributed on the Internet. We may require you to provide proof of such consent. We shall only be responsible for compensating the account of the Seller from which the sale of the Content is made. We are not responsible for compensating any depicted individual. You are solely responsible for segregating, dividing, and distributing any revenue generated from any such Content. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and the depicted individual(s). We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from such Content. You further agree that any claim arising from such Content shall be asserted only against the individual(s) participating or appearing therein, and not against us.
Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may result in immediate suspension or termination of the user’s account and access to Pixadock or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of revenue and/or winnings, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Use and certain international, foreign, and domestic laws.
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Use, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If your activity results in Pixadock receiving a subpoena, discovery request, production order, search warrant, or court order that causes Pixadock to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.