pixHere, Inc. lists these terms and conditions, effective December 29, 2018, to enhance your understanding of pixHere, to guide your overall experience, and to satisfy our attorneys.
- Copyright and ownership
Simply put: although pixHere will legally own the photos, if you are a Freelance Photographer or customer (or both), you will have the rights to the photos that you upload or download forever! It will be your responsibility to keep your own back-ups of these photos. Furthermore, while you can do just about anything (that's legal) with them, exclusives cannot be granted due to the shared rights.
- If you join pixHere as a Freelance Photographer, you will keep your usage rights to your photos in perpetuity (forever).
- License and proprietary rights to images are also granted to pixHere—whether supplied by pixHere, Freelance Photographers, or customers—in perpetuity.
- Buyers of photos and other products on this site are also granted usage rights in perpetuity.
- If you join pixHere as a Freelance Photographer, you are responsible for any and all acts and/or omissions that occur under your account/password and you hereby agree not to allow any unacceptable use of pixHere websites, apps or other services under your account at any time.
- pixHere is a 'family friendly' service. The internet has plenty of mature web services available today. We're just not one of them. If you notice any content that you do not believe to be 'family friendly', please let us know by contacting: firstname.lastname@example.org. Thanks!
- Freelance Photographers: Please do not upload photographs of children without the consent of their parent or guardian.
- Use of any pixHere connected property, services, apps, site or products is on an "As Is" basis and is solely at your own risk, including but not limited to loss of data, outages, and malware.
Within applicable laws, pixHere hereby disclaims warranties and representations of all kinds, both express and implied. pixHere does not guarantee that any pixHere service or product will be error-free or uninterrupted or that this site or any connected worldwide servers are free from viruses and/or other harmful properties. Your sole remedy will be to terminate your pixHere account and disassociate yourself from pixHere.
- Neither pixHere nor any of its employees, directors, shareholders, affiliates and associates shall be liable for any damages of any kind arising out of your use of any pixHere site, app or service.
You hereby agree to hold harmless and indemnify any pixHere-associated entities, subsidiaries, directors, managers, employees, associates, officers or agents against any claim made by any third party arising out of your use of any pixHere site, app or other property, and from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, expenses as well as liabilities in cases where you are found to be at fault in any way. This includes attorney billings and expenses.
- Price and availability of all pixHere products, services and offerings are subject to change and can vary geographically, for marketing purposes, special events, sales, promotions, and other reasons common to the marketplace as well as reasons proprietary to pixHere.
- How and when Freelance Photographers get paid.
When a Freelance Photographer uploads pictures to pixHere.com, and a customer buys them, the Freelance Photographer's PayPal account will be credited with an 80% share of the proceeds. pixHere sends out these payments on the second and fourth Thursdays of the month depending on when the sale occurred.
- Any credit card or PayPal chargebacks may be debited from a Freelance Photographer's pixHere account until and unless a dispute is resolved in pixHere's favor.
- pixHere directly asserts that there is a limitation on liability up to the amount paid for downloaded photos. In any such case, notice must be made to pixHere within 48 hours of receipt. Please do not use the site or the apps if this is something you are not comfortable with or if you do not fully understand it.
- Freelance Photographers are not employees of pixHere. You understand that if you register with us as a Freelance Photographer, you are not employed by pixHere. Use of any pixHere app, site, product or service does not constitute an employment agreement of any kind.
pixHere does not guarantee any specific result by the activities of you, or others, who use the system or any part of it, whether online or offline.
- If you join pixHere as a Freelance Photographer, you are responsible for your own actions online or offline. We are not responsible for the online or offline conduct of any users. You are completely responsible for your interaction with customers, photo subjects and other Freelance Photographers using the pixHere site, apps and other services.
- You are responsible for any access costs that you may incur to view the pixHere site, apps, services, etc. You agree to comply with all applicable laws relative to your use of the site, apps and other pixHere services.
- If you join pixHere as a Freelance Photographer, you agree to provide accurate information that belongs to you. We require a current email address which we may opt to send a validation email to, and not allow your full registration until we receive a confirmation email back. You agree to keep pixHere updated on your contact information should anything change.
You hereby state that you are 13 years of age or older. You hereby assert that you did not break any laws by using the pixHere site, apps or other services in any way. You hereby agree that you will post only photos that you obtained legally and you expressly state, agree and confirm that in no way were you breaking any law when you obtained any photos.
- If you join pixHere as a Freelance Photographer, your pixHere account may be terminated at any time and although that certainly doesn't sound like something we'd want to do, we need to reserve the right to do it.
- A. pixHere reserves the right to place limits on the total amount of storage space Freelance Photographers can use on pixHere.
- B. pixHere is not intended to be a stock photography site. There are many sites available for this approach to selling one’s photography, but the pixHere mission is to provide images to specific customers.
- An easy test of what belongs on pixHere is:
- If you provide the pixHere.com Web address, and tell them how to find their pictures on the site, then these shots can be on pixHere.
- If you have no way to communicate with the photo subjects, the shots do not belong on pixHere.
- C. pixHere reserves the right to remove any images not appropriate for this site.
- This agreement in its entirety shall be considered to have been executed and performed in New York, New York, U.S.A. and shall be governed by the laws of the state of New York.
pixHere was designed to be a fun and easy-to-use way to generate freelance income and absolutely delight customers with awesome photos of them that will be cherished for generations. Sorry if the legalese got heavy but we needed to get that off our chest. Hope you're still with us. ☺