Acceptance
of Terms
1. You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Internet Index Czech, s.r.o. ("pixio.app") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use site pixio.app.
2. Pixio.app may change these Terms of Use from time to time. Your continued access or use of the
Site constitutes your acceptance of such changes. Your access and use of the
Site will be subject to the current version of the Terms of Use,
rules and guidelines posted on the Site at the time of such use. Please
regularly check the "Terms of Use" link on
the home page of pixio.app to view the then-current terms. If you breach
any of the Terms of Use, your license to access or use
this Site shall automatically terminate.
Intellectual
Property; Limited License to Users
1. Subject to your compliance with
these Terms of Use, any applicable license agreement
with Pixio.app, and the law, you may access and use the Site. Pixio.app remains
the sole owner of all right, title, and interest in the Site and reserves all
rights not expressly granted under these Terms of Use.
Pixio.app may modify, replace, or discontinue the Site or any part thereof at
any time, for any reason, with or without notice, in Pixio.app’s sole
discretion. Pixio.app provides the Site on an "as is" and "as
available" basis.
2. All content on this Site, including
but not limited to Images and related metadata (collectively
the "Pixio.app Content"), as well as the selection and arrangement of
the Pixio.app Content, are protected by copyright, trademark, patent, trade
secret and other intellectual property laws and treaties. Any unauthorized use
of any Pixio.app Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate
license agreement between you and Pixio.app, Pixio.app does not grant any
express or implied permission to use the Site or any Pixio.app Content. You
agree not to copy, republish, frame, link to, download, transmit, modify,
adapt, create derivative works based on, rent, lease, loan, sell, assign,
distribute, display, perform, license, sublicense or reverse engineer the Site
or any Pixio.app Content. In addition, you agree not to use any data mining,
robots or similar data and/or image gathering and extraction methods in
connection with the Site or Pixio.app Content.
4. You may not remove any watermarks or
copyright notices contained in the Pixio.app Content.
Pixio.app
Trademarks
1. For the purposes of these Terms of
Use, the term, "Trademark(s)" means all
common law or registered trademarks, logos, service marks, trade names,
Internet domain names, or other indications of origin now or in the future used
by Pixio.app.
2. Nothing contained herein grants or
shall be construed to grant you any rights to use any Pixio.app Trademark,
unless expressly conferred by these Terms of Use.
3. You agree that you will not use Pixio.app's
Trademarks in any manner that might tarnish, disparage, or reflect adversely on
such Trademarks or Pixio.app.
4. You agree that you will not contest
or otherwise challenge (e.g., in any legal action or
otherwise), or assist or encourage any other person or entity to contest or
challenge, the validity of any of Pixio.app Trademarks or the Trademark rights
claimed by Pixio.app.
5. You agree that you will not use any Pixio.app
Trademark or any variant thereof including misspellings) as a domain name or as
part of a domain name regardless of the top-level domain, or as a metatag,
keyword, or any other type of programming code or data.
6. You may not at any time, adopt or
use, without Pixio.app's prior written consent any word or mark which is
similar to or likely to be confused with Pixio.app's Trademarks.
7. The look and feel of the Pixio.app
website, including all page headers, custom graphics, button icons, and
scripts, is the trade dress and/or trademark or service mark of Pixio.app and
may not be copied, imitated or used, in whole or in part, without the prior written
consent of Pixio.app.
8. All other trademarks, product names,
and company names or logos used or appearing on the Pixio.app website are the
property of their respective owners. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by Pixio.app, unless expressly so stated.
9. You may not use a Pixio.app
trademark, logo, Image or other proprietary graphic of Pixio.app to link to the
Pixio.app website without the prior written consent of Pixio.app.
10. You may not frame or hotlink to the Pixio.app
website or any Image without the prior written consent of Pixio.app.
Information
You Provide
1. Pixio.app (or third parties acting
on its behalf) may collect information related to your use
of the Site. Third-party platforms through which you access the Site may
collect information related to your use of such
third-party platform and make such information available to Pixio.app subject
to your agreement with the applicable third-party platform. Pixio.app’s
collection and use of all such information shall at all times conform to this
Terms of Use, the Pixio.app Privacy Policy, and
applicable law.
2. Pixio.app will use and protect your
personal information, such as your name and address, in accordance with the Pixio.app
Privacy Statement, the contents of which are incorporated by reference into
these Terms of Use.
Your Content
1. For any image, text,
or any other content that you upload or post to the Site (“Your Content”), you
represent and warrant that: (i) you have all necessary rights to submit Your
Content to the Site and grant the licenses set forth herein; (ii) Pixio.app
will not need to obtain licenses from any third party or pay royalties to any
third party with respect to Your Content; (iii) Your Content does not infringe
any third party's rights, including intellectual property rights and privacy
rights; and (iv) Your Content complies with these Terms of Use
and all applicable laws.
2. By uploading Your Content, you grant
Pixio.app a limited, worldwide, non-exclusive, royalty-free license and right
to copy, transmit, distribute, publicly perform and display (through all media
now known or hereafter created), and make derivative works from Your Content
for the purpose of allowing you to edit and display Your Content using the Site
and archiving or preserving Your Content for disputes, legal proceedings, or
investigations. The above licenses will continue unless and until you remove
Your Content from the Site, in which case the licenses will terminate within a
commercially reasonable period of time. Notwithstanding the foregoing, the
license for legal archival/preservation purposes will continue indefinitely.
3. You may not upload, post, or
transmit any image, text or other content that:
·
Infringes
any third party's copyrights or other intellectual property rights or any right
of publicity or privacy;
·
Contains any
pornographic, defamatory, or otherwise unlawful or immoral content.
·
Exploits
minors;
·
Depicts
unlawful or violent acts;
·
Depicts
animal cruelty or violence towards animals;
·
Promotes
fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition;
or
·
Violates any
law, statute, or regulation.
4. You may not use any Pixio.app
Content for any purpose without first obtaining a license to use such Pixio.app
Content. Any use of Pixio.app Content by you shall be governed by the applicable
license agreement separately entered into between you and Pixio.app. Displaying
and/or distributing to the public any watermarked or unlicensed Pixio.app
Content (whether incorporated into a derivative work or alone) constitutes
copyright infringement.
Infringement
Claims / DMCA Notices
1. If you believe that any Image or
other material made available by Pixio.app infringes upon any copyright that
you own or control, you may notify Pixio.app in the manner set forth in
our DMCA Copyright Infringement Notice Policy.
Limitations
1. You agree that you shall not:
·
Engage in
any conduct that shall constitute a violation of any law or that infringes the
rights of Pixio.app or any third party.
·
Violate any
applicable laws or regulations related to the access to or use of the Site, or
engage in any activity prohibited by these Terms of Use.
·
Violate the
rights of Pixio.app or any third party (including rights of privacy and
publicity) or abuse, defame, harass, stalk or threaten another.
Restriction
and Termination of Use
1. Pixio.app may block, restrict,
disable, suspend or terminate your access to all or part of the Site and/or Pixio.app
Content at any time in Pixio.app's discretion, without prior notice or
liability to you. Any conduct by you that, in Pixio.app’s sole discretion,
restricts or inhibits any other person or entity from using or enjoying the
Site is strictly prohibited and may result in the termination of your access to
the Site without further notice.
Links to
Third Party Sites
1. In the event that the Site is
available through any third-party platform, or if Pixio.app provides links from
the Site to any third-party platform or permits any third party to link from
its platform to the Site, you understand and agree that Pixio.app makes no
warranty of any kind, express or implied, and accepts no responsibility for any
content or practices of such third parties or their platforms. Such platforms
are not under the control of Pixio.app, and Pixio.app provides and/or permits
these links only as a convenience to you. The inclusion of any link does not
imply affiliation, endorsement, or adoption by Pixio.app.
Warranties
and Disclaimers
1. Your use of the Site is at your own risk.
The Site is provided by Pixio.app under these terms of Use
"as is" without warranty of any kind, either express, implied,
statutory or otherwise. Pixio.app expressly disclaims any and all warranties of
any kind, whether express or implied, to each and any service available from
the Site, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose, non-infringement, and any
other warranty that might arise under any law. Without limiting the foregoing, Pixio.app
makes no warranty that: (i) the Site will meet your requirements; (ii) access
to the Site will be uninterrupted; (iii) the quality of the Site will meet your
expectations; and (iv) any errors or defects in the site, services or materials
will be corrected. Pixio.app makes no representations or warranties that the
Site will be permitted in your jurisdiction, that any of Your Content submitted
by you will be available through the Site or will be stored by the Site, that
the Site will meet your needs, or that Pixio.app will continue to support any
particular feature of the Site. To the extent any disclaimer or limitation of
liability does not apply, all applicable express, implied, and statutory
warranties will be limited in duration to a period of thirty (30) days after
the date on which you first used the Site, and no warranties shall apply after
such period.
Indemnification
1. You agree to defend, indemnify and
hold harmless Pixio.app, its subsidiaries, affiliates, licensors, employees,
agents, third party information providers, Submitters and independent
contractors against any claims, damages, costs, liabilities and expenses
(including, but not limited to, reasonable attorneys' fees) arising out of or
related to your conduct, your use or inability to use Site, your breach or
alleged breach of the Website Terms of Use or of any representation or warranty
contained herein, your unauthorized use of the Pixio.app Content, or your
violation of any rights of another.
Miscellanous
1. In the event of any conflict between
these Terms of Use and any license agreement you enter
with Pixio.app, the terms of such license agreement shall control.