1. Working with the Site Content
The Site is a resource that can contain or directly contains files, photos, vectors, audio and video files, information, software, illustrations, photographs and similar files being the subject matter of copyright, a trademark or service mark, or that fall within the scope of other identical or related rights of PicFlux, its subdivisions and affiliates or any other third parties including other Users of the Site.
The User has no right to pass, sell, publish, move, reproduce, or develop modified or redone works or use the Site content in any similar way, in part or in whole. Exclusion applies to cases when such permission is clearly and definitely stated in this Signup Agreement or any other agreement that comes into effect from the moment when usage of the Site starts (for example, the Content License Agreement).
Files presented at the Site are provided by members of PicFlux under Exclusive and Non-Exclusive Supply Agreements. (For the terms of such supplies see corresponding parts of the Standard and Extended License Agreements.) According to the terms of the Supply Agreements, the User has the opportunity and right to upload or place at the Site by any other means any files that are entirely his/her property. The User has the opportunity and right to download files solely in accordance with the conditions stated in the Standard License Agreement and this Membership Agreement.
Once the User purchases an image, it remains available for downloading for one year after payment is submitted. During this time the User can download it as many times as necessary without any additional payment, from the Buyer Menu - Purchased Files folder. Restriction: The total amount of money buying should not be less than € 3.
2. Access Passwords
The User confirms his/her consent that the process of user identification is performed with the purpose of granting him/her access to his/her user profiles and operations governing access to Site content. The username (login) and password chosen by the User are confidential information. The User realizes the necessity of non-disclosure of this information and promises to keep in secret and not uncover, pass, or offer personal access data to a third party without clear written permission from PicFlux.
The User confirms his/her consent that he/she, as an owner of the access login and password, bears responsibility for each access to the Site content using the chosen login and password. Also, the User is informed and agrees that PicFlux automatically accepts and recognizes his/her login and password as evidence and clear proof of the fact that it was the User who gained access to the Site content. The User realizes that the login and password are unique symbols, even though PicFlux does not impose specific requirements as to their contents and quality.
3. Site Behavior Rules
The User confirms that he/she does not intend to use files of the Site for unlawful or otherwise disapproved purposes. Thus, the User agrees to avoid using any files obtained from the Site in an inappropriate manner including, but not limited to:
Abusing, threatening, hunting down, or violating the data protection rights of third persons or other users of the Site;
Placing, uploading, publishing, showing, or distributing files of a scandalous or detractive nature, including ribald, indecent, coarse or unlawful pictures and other files;
Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or parts of program code that include, contain or consist of parts of software or other files under the protection of intellectual property or copyright laws and any affiliated protections (including the right of confidentiality), excluding cases where the User owns or controls such rights or has necessary permissions;
Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or parts of program code containing harmful software (such as viruses) that may result in the disruption or total failure of the correct operation of software or hardware in other computers;
Deleting, clearing, cutting or in any other way concealing any author attributions, labels, identifications, or legal notices in any files uploaded or downloaded by the User;
Falsifying or imitating data concerning an original source of any files offered at the Site;
Advertising or selling goods or services of any kind, and also placing at the Site any information without any relation to the specialization of Site resources (such as surveys, advertisements, or spammer mailings);
Downloading or saving any files or programs at the Site if the User knows that they are unlawful, cannot or should not be legally distributed;
Using any Site options including but not limited to mailing to other members of the Site for advertising purposes, to distribute referral links, promote files, goods, services or activities, whether or not connected to the Site;
Using any kind of information received from the Site or with the help of the Site for creation of software, resources or programs being in direct or indirect competition to PicFlux activities.
The User agrees that communication within the Blogs is open and public. Further, the User agrees that communication between visitors or between visitors and third parties, as well as files and content presented at the Site are not officially approved by PicFlux, and no files or information placed at the Site permanently or temporarily shall be regarded as analyzed, viewed or approved by PicFlux. As stated below, PicFlux has the right and authority to remove any files at any time without notification to authors, license-holders or owners of the files.
The User agrees to refrain from using the Site in such a way that could result in its damage, operational trouble, or other negative outcome for other Site users. Also, the User agrees not to interfere with or access without authorization other PicFlux user records. The User agrees to access Site files in accordance with Site rules and procedures.
4. Site Management
PicFlux does not control all uploads and information exchanges performed throughout the Site and is not responsible for such exchange and communication. Nevertheless, PicFlux has the right to move, delete, refuse to publish, or edit any text message or files which PicFlux may regard as violating or presumably violating this Agreement, the rights for private or intellectual property, or similar rights of third parties. The Contributor agrees to the expropriation of any commissions paid for the respective files.
By accepting this Agreement, the User acknowledges his/her consent to receive an electronic newsletter and notifications from PicFlux. The User can always access his/her Private Profile to change whether to enable or disable notifications.
5. Confidential Information
In accordance with the purposes of the present Signup Agreement, the term «Confidential Information» should be read as any documents, software, data, information or files related to the process of PicFlux management, its enterprise, staff, members, affiliates, licensees and licensors, or such that is clearly defined as confidential, including but not limited to: design, business processes, business model, prices, development models and strategies, investigations, know-how, training developments, trade secrets, personnel, methodologies, clients, Site content belonging to others, and other intellectual property.
The User realizes that Confidential Information is such and cannot be disclosed to third parties without clear written permission from PicFlux and its licensors or used otherwise, except in cases established by law or directly specified within the present Signup Agreement.
The User agrees to pay and indemnify, protect and also take the side of PicFlux (its management, employees, shareholders, partners, affiliates and so on) against any claims, responsibilities, losses and expenses (including lawyers’ fees on a client basis and solicitor), incurred in the following cases:
Purposeful or casual usage of the Site and/or its files made with the User login, regardless of whoever entered the authorization;
Any correspondence made by the User or the downloading of any files made with the help of the User login;
Any violation by the User of the terms and provisions of this Signup Agreement.
PicFlux reserves the right to assume the control and defense of any matter or require compensation or indemnification from the User at the expense of the User. In this case the User agrees to cooperate with PicFlux’ defense in case of such claim.
7. Terms, Grounds and Principles of Termination
This Signup Agreement is effective until the moment of its termination. For such purpose at any time the User should send a message using the Site’s Contact form or by any other written form appropriate for him/her, which identifies the User and confirms the User’s intention to notify PicFlux regarding the desire to terminate the Signup Agreement. PicFlux reserves the right at its discretion to suspend, terminate or restrict the User's right to access to all or some content and resources of the Site at any time, for any reason and without proofs or prior notices.
PicFlux has the ability and right to suspend, terminate or change any part of the Site or the Site in the whole, its functions, resources or databases without prior notification or additional liabilities. PicFlux also retains the right to suspend or fully terminate access of the User to the Site files in case of absence of activity from the User over an extended period of time, which may be interpreted as the User’s inability to gain access to the Site files.
A Signup Agreement termination does not indicate automatic exemption of liability and obligation of reimbursement of debts to PicFlux in accordance with the provisions of this Agreement or other liabilities of the User, namely: not to use the Site files or other content presented within its resources by ways other than those permitted with the terms and provisions of this Signup Agreement that were valid by the moment of said use. This Agreement will be terminated without derogations or impairment to the rights of PicFlux, limitations and defense of liabilities provided in accordance with the terms of this Agreement, which defense, limitations of liabilities and rights shall survive this Agreement’s termination.
Upon termination of the User profile and his/her access to the Site files, the User confirms his/her consent to forfeit all credits of funds remaining at his/her account.
The Site content and the Site itself are offered for review and use without any interference from the side of the Site holders (except pre-moderation), conditions and warranties of any kind, implied and direct. These warranties include conditions and warranties of merchantability. PicFlux does not guarantee that the Site content and its operation will meet expectations and requirements of a user, nor that the process of its usage will be faultless or uninterrupted for any reason. PicFlux does not warrant that the Site or its files available for downloading will not contain contamination (viruses) or destructive functions.
9. Age and Responsibility
The User confirms and warrants that he/she has reached the age sufficient to have the rights necessary for usage of the Site and is bound by legal obligations sufficient for any liability that can appear as a result of usage of the Site files. The User agrees to bear full responsibility for all cases of the Site usage without distinction, as well as for use of his/her login and password by third parties including minors living with him/her.
10. General Provisions
Absence of a result of actions performed by PicFlux for organization or control of accurate implementation of the provisions of this or affiliated agreements shall not and cannot be construed as waiver of any rights or provisions.
11. Refund Policy
Since picflux.com is offering non-tangible, irrevocable digital goods we do not issue refunds after the product is shipped, which you acknowledge prior to purchasing any digital product at our site. We only make exceptions with this rule when the product appears to be not-as-described on a case by case basis at our sole discretion. The deadline for any refund claim is one week after the delivery date. The refund is issued to you after we receive a Waiver of Copyright signed by you. This is a required condition.
12. Contact Information
For any questions in connection with the provisions of this document, please contact PicFlux using the contact information below.
IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF PICFLUX AGREEING TO PROVIDE THE CONTENT, THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SIGNUP AGREEMENT. THE USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE USER AND PICFLUX, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND PICFLUX RELATING TO THE SUBJECT OF THIS AGREEMENT.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, THE USER ALSO ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD ALL OTHER RELATED AGREEMENTS WHICH CAN BE FOUND ON THE WEBSITE, AND ACCEPTS ALL THE TERMS AND CONDITIONS OF SAID AGREEMENTS.