Terms of use
General Terms
Please read these Terms of Use ("Terms of Use") carefully before using FreePixel ("Site"). By accessing this Site, you accept the Terms of Use and agree to be bound by these Terms. If you do not agree to these Terms of Use, do not access this Site. FreePixel reserves the right to change these Terms of Use at any time, at its own discretion and without any notice to you; however, all such changes will be posted to this Site. The Terms of Use that are applicable to you at any given time are the then-current Terms of Use.
- General
1.1. These Terms of Use (the “Terms”) for the website http://www.freepixel.com/ (the “Website”) constitute a legal agreement between the user (“you”, “your”, and “user”) of the Website and (the “Company”, “FreePixels”, “we”, “us”, and “our”). The Website is owned and operated by the Company.
1.2 By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to one or more provisions of the Terms, please do not use the Website.
- About the Website
2.1 The Website is a royalty-free Graphic image that allows users to purchase and download our curated collection resources (collectively the “Graphics' ' and individually the “Graphic”).
2.2 You can log in to the Website not only by creating a user account directly on the Website but also by using your Facebook and Google accounts.
- Company’s Content
3.1 images, text, and other materials (the “Company’s Content”) published on the Website are owned by the Company and its partners.
3.2 WITHOUT AN APPROPRIATE LICENSE, THE COMPANY’S CONTENT CANNOT BE COPIED, MODIFIED, DEEP LINKED TO, OR OTHERWISE REDISTRIBUTED IN ANY MANNER. WE RESERVE THE RIGHT TO START A CROSS-BORDER LEGAL ACTION AGAINST ANY THIRD PARTY THAT DOES NOT COMPLY WITH THE RESTRICTIONS STATED IN THIS SECTION 3.2.
3.3 We put reasonable efforts to correctly tag and describe all Company’s Content. However, we do not warrant the accuracy of the Company's Content.
- Use of the Website
4.1 You acknowledge that your use of the Website or any related services is at your own risk.
4.2 You represent and warrant that you will use the Website only in accordance with these Terms.
4.3 You agree not to use the Website and the Graphics in any way that:
violates any applicable laws;
spreads malware;
is ethnically, racially, or otherwise objectionable;
is sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene;
interferes with the normal operation of the Website;
uses bots and other automated methods.
4.4 You acknowledge and agree with the following statements:
Downloading the Graphics does not transfer the copyright to you, but merely provides you with the free license to use the Graphics, subject to the purposes, terms, and limitations stated in the Licenses & Subscriptions document available at. You disclaim any ownership in the Graphics.
Some of the Graphics feature well-known brands, trademarks, logos, public personalities, and celebrities. Such Graphics can be used only for editorial purposes or if you are an authorized reseller. We make reasonable efforts to ensure the proper identification of such Graphics. However, FreePixels does not warrant the identification or lack of identification of any Graphics that is intended exclusively for editorial and educational use. Free Pixel shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate identification of the Graphics that is intended exclusively for editorial and educational use.
If the Graphics do not have obvious proprietary markings that indicate an exclusive owner, the Company cannot be deemed to have actual knowledge that the Graphics infringe any third party’s rights.
FreePixels reserves the right to decide and act upon any case that is not comprehended over the Terms at its sole discretion.
You are solely responsible for the use of the Graphics in combination with any other material.
You are not allowed to sublicense, resell, redistribute or rent the Graphics.
- Modification of the Graphics
5.1 You are allowed to: (1) manipulate and modify the Graphics and (2) include the Graphics in composites to achieve the desired effect.
5.2 The ownership of the copyright of such modified Graphics remains with Free
Pixels and may not be assumed by any other person if the original Graphics is still identifiable in part or in whole.
5.3 You are not allowed to sell or redistribute the Graphics where the original graphic file is provided in the compilation as a primary component unless the use of such Graphics is specifically granted under terms of the Individual Licenses and the Subscriptions purchased by you.
5.4 The modified Graphics that are so thoroughly incorporated that they are not reasonably identifiable are not subject to the restrictions stated in Section 5.
- Notification of copyright infringement
6.1 We make significant efforts to ensure the safety and legality of the Graphics.
6.2 If you believe that any of the Graphics published on the Website infringe on your intellectual property rights, you can send us a notice by using the contact details mentioned in Section 17. In the notice, please include: (i) a description of the copyrighted work(s) that you claim has been infringed; (ii) identification of what material is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Website; and (iv) information sufficient to permit the Company to contact you.
6.3 FreePixels reserves the right, under its sole discretion, to examine the materials indicated in your notice and decide if the materials infringe on your copyright.
6.4 If FreePixels finds out that there is a copyright infringement, the allegedly infringing materials will be immediately removed from the Website.
- Registration of user accounts
7.1 In order to purchase Individual Licenses or Subscriptions, you are required to create a user account on the Website (the "Account").
7.2 Your Account is not transferable.
7.3 You agree to update your user account as soon as any changes in your contact information occur to ensure that your user account is up-to-date.
- Termination of user accounts
8.1 You may request termination of your user account at any time, for any reason.
8.2 In order to terminate your user account, please follow the instructions on the user account interface on the Website or contact the Company by writing an email to [email protected]
8.3 Upon the termination of your user account, the Graphics will remain licensed under the terms of the Individual Licenses or the Subscriptions purchased by you.
8.4 Contributors are entitled to change the title, tags, category, and description of a graphic.
- Privacy
9.1 You hereby agree and acknowledge that the Company may collect and process some personal data through the Website. If you would like to know more about how we collect and process personal data, please read our Privacy Policy available at http://www.freepixel.com/privacy-policy/.
- Availability
10.1 We put reasonable efforts to ensure that the Website is always available. Nevertheless, we cannot guarantee that the Website will always be available, because the availability of the Website may be affected by factors, which we cannot control. We do not accept any responsibility for the unavailability of the Website caused by such factors.
- Disclaimer of warranties
11.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE PROVIDE THE WEBSITE AND THE GRAPHICS ON “AS AVAILABLE”, “AS IS”, AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE GRAPHICS. WE HEREBY DISCLAIM ALL WARRANTIES REGARDING THE WEBSITE, ITS OPERATION, AND THE GRAPHICS.
- Limitation of liability
12.1 UNLESS OTHERWISE STATED IN THE APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OR IN CONNECTION WITH THE WEBSITE AND THE GRAPHICS.
- Indemnification
13.1 You indemnify and agree to defend the Company and its officers against any claims which the Company may incur or suffer as a result of your access and use of the Website and the Graphics.
- Links
14.1 The Website may contain links to websites owned by third parties. We are not responsible for the content of websites owned by third parties.
- Governing Law
15.1 The Terms shall be governed by the laws of India.
15.2 You irrevocably consent to the exclusive jurisdiction and venue of the courts in Uruguay for all disputes arising out of or relating to these Terms.
- Customer support
16.1 Please feel free to submit your support query to us. You can do this by:
sending an email to [email protected]
or using the “Contact Us” form available on the Website.
- Amendments
17.1 The Company reserves the right to modify or amend these Terms from time to time by (i) sending you an email or a message through your user account on the Website; and (ii) posting an amended version of the Terms on the Website. If you continue using the Website following the notification sent by the Company and posting the changes to the Terms on the Website, you declare that you accept those changes.
17.2 The Company reserves the right to update and change the pricing structure as needed without prior notice. In case the changing of the pricing structure affects the recurring fees paid by you in relation to your Subscriptions for the Graphics, the Company will: (i) notify you in detail about such changes at least 30 days in advance by sending you an email or a notice through your user account on the Website and (ii) seek your explicit consent.