Terms & Conditions

Last updated: 28/3/2016. Change log:

• March 2016: Beta Launch (Terms created in beta site)

This Terms & Conditions Agreement (the “Agreement”) is an agreement between you (the “User”) and Paperpix.co.uk. ("Paperpix.co.uk", "we", or "us").  We provide Users with access to tools to help our customers manage photographs and their distribution or sale. This Agreement is the entire Agreement between us. By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site.

1. What is Ours

All material and services available on the Site, and all material and services provided by or through Paperpix.co.uk, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright laws.

2. Rights to Use What is Ours

Subject to this Agreement, Paperpix.co.uk hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by Paperpix.co.uk (“User ID”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement.  This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement.  You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement.  Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.

We will provide you one User ID for each account held by you, thereby permitting you access to the Materials on one computer at a time through the Site.  You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information.  Your failure to do so may result in the cancellation of your account and loss services.  You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement. 

3. What You Provide to Us

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”).  Paperpix.co.uk is not responsible for your Content.  You hereby grant Paperpix.co.uk a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license.  You are responsible for any Content that may be lost or unrecoverable through your use of the Services.  You are encouraged to backup your Content regularly and frequently.  

4. Monitoring

Paperpix.co.uk may, but has no obligation to, monitor Content on the Site or websites created using our Services.  We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Paperpix.co.uk or its customers, or operate the Services properly.  Paperpix.co.uk, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.  Paperpix.co.uk may, in its discretion, also require you to place all or any portion of the Content behind password protection.

5. Copyright Complaint Policy

If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please email us [email protected].

6. Rules

You agree to all of the following: 

a.  You hereby certify that you are at least 16 years of age. Individuals under the age of 16 are prohibited from using the Services.

b. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.

c. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, uploading illegal images, fraud, embezzlement, money laundering or insider trading.

d. You will not use the Services or Materials to impersonate another person. 

e. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Paperpix.co.uk without our express written permission.

f. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains illegial images, software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Paperpix.co.uk user to access the Services.

g. You will not access the Services through automated methods.  The Services may only be used or accessed through an electronic device through manual control at all times.

h. You may not upload digital files larger than 500MB or audio files larger than 160MB.

i. You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings. 

j. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Paperpix.co.uk. 

k. You will not attempt to or actually override any security component included in or underlying the Materials or Services.

l. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Paperpix.co.uk’s infrastructure.

m. You will not publish Content, or links to Content, that is:

i. Pornographic, sexually explicit, or violent.

ii. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).

iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous. 

iv. Breaches another’s privacy.

n. You will not publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing). 

o. You verify that your country of residence is the same as your billing address. 

Paperpix.co.uk may determine in its sole discretion whether or not an account is in violation of any of these policies.  Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user.  Offending users may be permanently restricted from holding an account or using the Services.  If Paperpix.co.uk reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to the relevant legal entity. 

7. Termination

a. Services may be terminated by us, without cause, at any time.

b. Services may be terminated by you, without cause, by giving us 14 days notice. All images already distributed to a 3rd party may still be sublicenced by Paperpix on your behalf until the licence already agreed with them has expired.  

c. Paperpix.co.uk may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. 

d. Notice of termination & Conditionss by Paperpix.co.uk may be sent to the contact e-mail associated with your account. Upon termination, Paperpix.co.uk has the right to delete all data, files, or other information that is stored in your account.

8. ERRORS AND ACCESS TO SITE

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR ACCOUNT.

9. DISCLAIMER OF WARRANTY

THE SITE, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Paperpix.co.uk AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, NEITHER Paperpix.co.uk NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES Paperpix.co.uk OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK. IN ADDITION, Paperpix.co.uk IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE. 

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.

FURTHER, Paperpix.co.uk AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER Paperpix.co.uk NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE,ITS SERVERS THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. LIMITATION OF LIABILITY

 WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF Paperpix.co.uk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE Paperpix.co.uk AND HOLD Paperpix.co.uk AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, SITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGHTHE SITE.  YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

11. Termination/Exclusion

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion.  All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted.  We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Paperpix.co.uk has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.

12. Indemnification

You agree to indemnify, hold harmless, and defend Paperpix.co.uk and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to legal fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account’s) use of the Services, the Site or  the Materials, (ii) your Content, or (iii) any Commercial Products you offer on or through the Site or using our Services.  This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account.  You agree to fully cooperate at your expense as reasonably required by an Indemnified Party.  Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder.  You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

13. Amendments

We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Site that we have changed this Agreement.  If you have a Paperpix.co.uk account, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed this Agreement. You and we both understand that sometimes there are issues with email communication.  We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. 

We may also, in the future, offer new services and/or features through Site (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.

14. Privacy

We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions. Please also note that certain information, statements, data and content (such as photographs) which you post to the Site are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you.  You acknowledge and agree that your submission of such information is voluntary on your part.  Further, you acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion Disclosures of user information to third parties are further addressed in the Privacy Policy. 

15. Other

You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Paperpix.co.uk as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law.  Accordingly, you agree that Paperpix.co.uk shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Paperpix.co.uk in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Paperpix.co.uk, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.

16. Miscellaneous

a. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

b. If we fail to enforce any of this Agreement, it will not be considered a waiver.

c. Any amendment to or waiver of this Agreement must be made in writing and signed by us.

d. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.

e. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

f. This Agreement does not confer any third party beneficiary rights.

g. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.