Pixoi

TERMS OF USE SUMMARY

Please feel free to use the Pixoi images in your work.

There are no limitations regarding the media, area, business or printed volume. The images can be used for virtually any purpose, manipulated or "as is".

You are not allowed to sell or to give the images, in any form or on any media, to a third party. Any actions competing with the Pixoi business, its parts or subsidiaries or any of the Pixoi concepts or features are forbidden.
Also, any use of Pixoi images in any way that violates local, state, and national laws is forbidden. Using Pixoi images in the creation of any material that is threatening, harassing, vulgar, abusive, defamatory, invasive of privacy or publicity rights, obscene, profane, indecent, or otherwise objectionable is strictly forbidden.
Use of specific government, corporate, or persons' names, initials, and trade marks for any commercial purposes or the use of them in any way not accepted by the respective rights holder is forbidden.

Example 1:
Your company is designing a major printed material for a worldwide company, and you are using several Pixoi Ltd. images in the design. Is it ok?
Answer: Yes it is!

Example 2:
You are preparing a PowerPoint presentation of a product and found out a suitable Pixoi Ltd. image fitting perfectly into the concept. Is it ok to use the image if you are distributing the material to all of your business clients?
Answer: Yes it is!

Example 3:
You have downloaded several images and want to give them to your colleague for possible future use.
Answer: No, this is not permitted under any circumstances. We have to know who has used the image, and in what conjunction. Just tell your colleague to visit the Pixoi Ltd. web site and thus avoid any problems!

Example 4:
You are designing an ad campaign and would like to use some of the competitions logotypes in the ad. Is it ok to use a Pixoi image containing that logotype in the ad?
Answer: Maybe, maybe not! You must have the permission from the copyright holder for each case.

Example 5:
You are working as graphics artist for a TV-news channel and would like to use various Pixoi images as a background for the international news broadcast. Is it ok?
Answer: Yes it is. For news use, even the use of logotypes is sometimes permitted. This is something that depends on the context and you are responsible for making sure it is ok in each case.
Pixoi assumes no responsibility in such case.

Just remember that any kind of redistribution of Pixoi material is forbidden.

Please study the terms in full before using any Pixoi images or Pixoi services. If, after studying the Pixoi terms in detail, you have any questions please contact us at pixoi@pixoi.com.



TERMS AND CONDITIONS OF USE

These terms and conditions (the "Terms") govern your use of this PIXOI Ltd ("PIXOI") website ("Website"). By accessing this Website you agree to these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THIS WEBSITE.

GENERAL RESTRICTIONS

Contents on this Website may include technical inaccuracies or typographical errors. Information on this Website may be changed or updated without notice. PIXOI may make improvements and/or changes to the products presented on this Website without notice. References to non-PIXOI products or services are made for information purposes only and do not constitute an endorsement or recommendation of any kind.

PIXOI does not wish to receive any confidential or proprietary information through this Website. All information or material sent to PIXOI through this Website is considered to be non-confidential. By sending PIXOI any information or material through this Website, you grant PIXOI a perpetual, unrestricted, irrevocable license to use, copy, display, modify, transmit and distribute such information or material. PIXOI will, however, treat your personal information as described in PIXOI's Privacy Policy.

PIXOI cannot and will not inspect, review or moderate any material sent to this Website and accepts no responsibility in respect of such material. PIXOI reserves the right at any time to remove any content sent to this Website and at its sole discretion restrict the accessibility of this Website by a user.

No part of this Website, including texts, trademarks, logos, graphics, sounds or images, may be reproduced, retransmitted or distributed in any way, or by any means, without the prior express written consent of PIXOI. Further, "mirroring" of any content on this Website is prohibited, without PIXOI's prior express written consent.

INDUSTRIAL PROPERTY RIGHTS

The information, documents, graphics, sounds, images, products, software and services contained on this Website were produced by PIXOI or third parties such as manufacturers, authors, artists, developers and/or vendors. Copyrights to such works are held by PIXOI and/or the third parties. Unless otherwise specifically provided in these Terms, any reproducing, republishing, downloading, displaying or distribution in any form or by any means of such works is strictly prohibited without the prior express written permission of PIXOI or the respective third party. Except as expressly granted below in respect of certain documents, nothing on this Website shall be construed as conferring by estoppel, implication or otherwise any right or license under any intellectual property right of PIXOI or any third party.

"PIXOI" is a registered trademark of PIXOI LTD.
This Website may include names and brands of companies and products which are trademarks of their respective owners. All rights not expressly granted herein are reserved.

PERMITTED USE OF DOCUMENTS

Permission to use documents included in this Website (such as product information, press releases and FAQs) is granted, provided that (1) both the below copyright notice and this permission notice appear in all copies, (2) use of such material from this Website is solely for non-commercial and informational or personal use, (3) no such material will be copied or posted on any networked computer or broadcasted in or distributed via any media, and (4) no modifications of any material are made. Use of the referred material for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. If you breach any of these terms or conditions, this permission terminates automatically. Upon termination, you will immediately destroy any downloaded and printed material. Use of individual documents in this Website may be subject to additional terms and conditions indicated in such documents.

REGISTRATION

You may register to the PIXOI service at the "Members" section.
Upon registration you will be provided with access information including a password. You may not share with or disclose your access information to any third party. PIXOI may cancel any membership at any time for any reason, without prior notice.

LINKS

This Website may include links that let you leave this Website. Such links are provided only for your convenience. Inclusion of any such link does not imply that PIXOI endorses the linked site. PIXOI does not control the linked sites and accepts no responsibility for the contents of any such linked site (including, but not limited to, links contained on any linked site), or any changes or updates to such sites, or any transmission received from such sites.

IMAGES

Any image that is offered for downloading from this Website is (1) the copyrighted work of PIXOI, (2) intended for end-users only, and (3) governed by the terms of an applicable PIXOI End-User License Agreement. Any such image can be downloaded or used only provided that the end-user agrees to the terms of the PIXOI End-user License Agreement prior to downloading. Unless specifically set forth otherwise in the applicable PIXOI End-user License Agreement, any copying, reproduction or redistribution of the images is strictly prohibited.

ANY IMAGES THAT ARE MADE AVAILABE FOR DOWNLOADING FROM THIS WEBSITE ARE WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE PIXOI END-USER LICENSE AGREEMENT.

DISCLAIMER OF WARRANTY

Material published on this Website are provided "AS IS" AND PIXOI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL PIXOI BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR RELIANCE ON THE INFORMATION PRESENTED ON THIS WEBSITE, EVEN IF PIXOI HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN.

RESPONSIBILITY FOR PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE LIES TOTALLY WITH YOU AND YOU WILL REFRAIN FROM MAKING CLAIMS AGAINST PIXOI BASED ON THE USE OF MATERIAL OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, CLAIMS REGARDING LOST DATA, INCORRECT OUTPUT, DELAYS AND/OR LOST PROFITS.

COPYRIGHT NOTICE

Copyright © 2002-2006 PIXOI Ltd. All rights reserved.

PIXOI LTD
PIXOI License Agreement

PIXOI LTD ("PIXOI") IS WILLING TO LICENSE THE PIXOI IMAGES ONLY UPON THE CONDITION THAT YOU, A COMPANY, CORPORATION, ORGANISATION OR OTHER ENTITY, ("you") ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THESE TERMS CAREFULLY. BY CLICKING ON THE "I have read and agree to the Terms and Conditions." BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PIXOI IS UNWILLING TO LICENSE ANY IMAGES TO YOU AND TO CONTINUE THE REGISTRATION PROCESS.

GRANT OF LICENSE

License based on payment of Pixoi Membership fee.
Subject to the terms and conditions contained herein and provided that (a) you have paid the Pixoi Membership fee and your membership with PIXOI has not terminated, and (b) you provide Pixoi with correct information regarding the contemplated use of the Pixoi images you choose to download ("Images"), PIXOI grants to you a world-wide, non-transferable, non-exclusive, non-sublicensable, revocable license to download, copy, modify and use the Images for the period of your membership with PIXOI. PIXOI reserves all rights not expressly granted to you herein.
License based on payment of license fee for one or more images.
Subject to the terms and conditions contained herein and provided that (a) you have paid the required license fee(s) regarding the PIXOI image or images you have chosen, and (b) you provide Pixoi with correct information regarding the contemplated use of the Pixoi images of your choice ("Images"), PIXOI grants to you a world-wide, non-transferable, non-exclusive, non-sublicensable, revocable license to download, copy modify and use the Images for the period of twelve (12) months calculated of the date when you downloaded the Images. This license is not a sale of the Images or any copy of them. All worldwide ownership of and all rights, titles and interests in and to the Images, and all copies and portions of the Images, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with PIXOI.

USER RESTRICTIONS

You may not: (I) use the Images, except under the terms herein stated; (II) use the Images for any purpose or in any manner in violation of local or international laws and/or applicable treaties; (III) use the Images in creation of any material that is threatening, harassing, vulgar, profane, indecent, abusive, defamatory or otherwise objectionable; (IV) use the Images in a manner which invades privacy or publicity rights; (V) use names, initials, trademarks, trade names, logos or other recognizable item(s) of any government, organization, corporate, entity or person included in the Images (if any) for any commercial purpose, except with a separate prior written permission of the holder of the respective rights; (VI) use names, initials, trademarks, trade names, logos or other recognizable item(s) of any government, organization, corporate, entity or person included in the Images (if any) in any way not accepted by the holders of the respective rights; (VII) rent, lease, sublicense, convey, distribute or otherwise transfer the Images or copies the Images to third parties, or (VIII) offer the Images or copies of the Images for use in a service bureau, in a time sharing environment or fee for service or access or on-line basis.

PAYMENT TERMS

You agree to pay all Image(s) license fees and no rights are granted under this Agreement until all payments are made in full. A service charge of two percent (2%) per month, or the amount allowed by law, will be charged on any unpaid balance. Any claims for adjustments must be made to PIXOI within five (5) days of billing. You shall be liable for all past due amounts, interest and costs of collection, including attorneys' fees. Refunds are governed by the terms of the individual service used. Please see Section 11 below for terms applicable to refunds in the event of cancellation.

CANCELLATION

If you wish to cancel the rights granted in this License and your invoice, the following apply:

If you licensed single Images or purchased CD(s) (opened or unopened), you may receive a full refund if you submit a completed and signed refund affidavit, and return any CD's, within fourteen (14) days of your invoice date. After fourteen (14) days, no cancellations will be accepted, no refunds made and you will be responsible for and must pay the full amount of the invoice.

If you purchased a Subscription, you may receive a full refund within three (3) days of your invoice date, provided that you have not downloaded more than five (5) images. After three (3) days, or download of more than five (5) Images, no cancellations will be accepted, no refunds made and you will be responsible for and must pay the full amount of the invoice. By requesting a refund, you hereby represent and warrant that: (i) you have deleted or destroyed all downloaded Images, (ii) that you have not, and will not use any Images from the subscription, and (iii) that a breach of the foregoing shall require you to immediately repay the entire subscription fee plus damages to PIXOI. You are solely responsible for all shipping and handling fees with regard to a cancellation. All cancellations are final.

IMMATERIAL RIGHTS PROTECTION

The Images are protected, among other ways, by the applicable copyright and other laws and international treaties. All rights not expressly granted herein are retained by PIXOI.

WARRANTY

PIXOI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE IMAGES ARE PROVIDED "AS IS". THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND FROM COUNTRY TO COUNTRY.

LIMITED LIABILITY

THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE IMAGES IS ASSUMED BY YOU. UNDER NO CIRCUMSTANCES WILL PIXOI BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE IMAGES OR THIS AGREEMENT, EVEN IF PIXOI HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL PIXOI BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE IMAGES OR SERVICES.
IN ADDITION, IN NO EVENT WILL THE TOTAL LIABILITY OF PIXOI IN CONNECTION WITH THIS AGREEMENT OR THE IMGES EXCEED THE ACTUAL AMOUNT PAID TO PIXOI FOR THE IMAGES GIVING RISE TO THE CLAIM.

TERMINATION

This Agreement will terminate immediately and automatically without notice if you breach any provision in this Agreement. Pixoi may terminate this Agreement without a reason with a seven days written notice. Further, this Agreement will terminate immediately and automatically without notice upon termination of your membership with PIXOI for whatever cause. In case you have chosen to pay license fee for one or more images (i.e. not the annual membership fee), this Agreement shall terminate at the end of the last day of the twelve (12) month period calculated of the date of downloading the Images. Upon termination you will immediately discontinue using the Images and remove all copies of the Images from any and all computer storage devices and destroy the Images and all copies of the Images. At PIXOI's request, you or your authorized signatory, will certify in writing to PIXOI that all copies of the Images have been destroyed and that none remain in your possession or under your control. No license fee will be refunded to you in the event of termination of this Agreement. The provisions of this Agreement, except for the license grant and warranty, will survive termination.

GOVERNING LAW

This Agreement is governed by the laws of the Republic of Finland without regard to conflict of laws, rules and principles. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

MISCELLANEOUS

If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby. No delay or failure by either party to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof or of such party's right thereafter to exercise or enforce each and every right and provision of this Agreement.
This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. You may not assign this Agreement in whole or in part, without PIXOI's prior written consent. Any attempt to assign this Agreement without such consent will be null and void.
This Agreement is the complete and exclusive statement between you and PIXOI relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties, if any. In the case of any conflict between the terms of this Agreement and the provisions of any terms of purchase order for the Images, the terms of this Agreement shall control.
BY CLICKING ON THE "I have read and agree to the Terms and Conditions." BUTTON ON THE PURCHASE PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THE FOREGOING INFORMATION AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.