STANDARD CONTRACT BETWEEN BUYER AND CREATOR
Introduction: This Standard Contract between Buyer and Creator ("this agreement") sets out the terms which govern each transaction between a Buyer and a Creator on Pixio.app
When does this agreement apply? Each time a Buyer/Creator Transaction is initiated on Pixio.app, this Standard Contract between Buyer and Creator will apply to the exclusion of any other terms which the Buyer or Creator may propose, and this Standard Contract between Buyer and Creator will legally bind the Buyer and Creator participating in the Buyer/Creator Transaction.
Parties: The only parties to this agreement are the Buyer and Creator participating in the Buyer/Creator Transaction. Neither Internet Index Czech nor any of its subsidiary companies is a party to this agreement and neither Internet Index Czechnor any of its subsidiary companies grants any rights in respect of, nor participates in, any Buyer/Creator Transaction, except that Internet Index Czech or any of its subsidiary companies may act as a payment intermediary in accordance with the Creator’s and Buyer’s instructions set out in section 5 of this agreement.
Interpretation: In this agreement, defined terms have the following meanings:
"Pixio.app" means the website accessed via the URL www.pixio.app or via any web browser;
"Content" means any material uploaded to Pixio.app by any User (whether a Creator or a Buyer), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
"Creator" means a User who has set up their Pixio.app account as a Creator account to post Content on Pixio.app to be viewed by other Users;
"Buyer" means a User who pay or enter password to view the Creator's Content;
"Buyer/Creator Transaction" means any transaction between a Buyer and a Creator on Pixio.app by which access is granted to the Creator's Content, including in any of the following way - payments made by a Buyer to view a Creator's pay-per-link Content;
"Buyer Payment" means - any and all payments made by a Buyer in respect of any Buyer/Creator Transaction.
"VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
Pricing and payment: By entering into a Buyer/Creator Transaction, the Buyer agrees to pay the Buyer Payment applicable to the relevant Buyer/Creator Transaction in accordance with the pricing published in the Creator's account plus any VAT which is applicable. The Buyer and Creator participating in the Buyer/Creator Transaction authorize Internet Index Czechor any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Buyer Payment and any applicable VAT, to deduct the FIL Fee, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the Pixio.app Terms of Service.
License of Content: Once the Buyer has made the Buyer Payment for a Buyer/Creator Transaction, the Creator grants to the Buyer a limited license to access the applicable Content of that Creator to which the Buyer/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Buyer to access and view the Relevant Content on the Buyer's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Buyer's accessing the Content (i.e. caching)), in accordance with the Pixio.app Acceptable Use Policy.
Ownership of Content: The Buyer participating in the Buyer/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Buyer acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
Expiry of license: The license granted to a Buyer in relation to the Relevant Content will expire automatically without notice in the following circumstances:
· if the Buyer Payment related to the Buyer/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
· if the Buyer's User account is suspended or terminated for any reason;
· if the Buyer acts in breach of the Pixio.app Acceptable Use Policy
· if the Buyer closes their Pixio.app User account.
Cancellation and refunds: In respect of every Buyer/Creator Transaction:
The Buyer acknowledges that the Buyer/Creator Transaction will result in a supply of the relevant Content to the Buyer before the end of the period of 14 days from the date when the Buyer/Creator Transaction is entered into, and the Buyer gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Buyer/Creator Transaction which the Buyer has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
This agreement does not affect any statutory right to receive a refund from the Creator which a Buyer may have u
between Creator and Buyer: In respect of every Buyer/Creator Transaction:
The Buyer and the Creator participating in the Buyer/Creator Transaction agree to comply at all times with the Pixio.app Acceptable.
The Buyer participating in the Buyer/Creator Transaction agrees to make the Buyer Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Buyer disputes the Buyer/Creator Transaction in good faith.
The Creator participating in the Buyer/Creator Transaction agrees to make the Relevant Content available to the Buyer once the Buyer has made the Buyer Payment applicable to the Relevant Content.
The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Buyer in the territory in which the Buyer will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.
The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
Unless there has been negligence or other breach of duty by the Creator, the accessing by the Buyer of the Creator's Content is entirely at the Buyer's own risk.
No guarantees: Buyer participating in the Buyer/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Buyer to access to Relevant Content to be provided under the Buyer/Creator Transaction, including:
· if the Creator's account is suspended or deleted;
· if the Buyer's account is suspended or deleted;
· if the availability of all or any part of Pixio.app site is suspended or inaccessible; or
Terms relating to disputes:
This agreement is governed by English law and English law will apply to any claim that arises out of or relates to this agreement. The Buyer will also be able to rely on mandatory rules of the law of the country where he or she lives.
Where claims can be brought:
If this agreement is with a Buyer resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of England and Wales or the courts of the country where the Buyer lives.
If this agreement is with a Buyer resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of England and Wales, unless the Buyer and Creator otherwise agree.