RacePix.com Website User Agreement
Effective February 16, 2012
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR AGREEMENT TO, AND COMPLIANCE WITH, THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND YOUR CONTINUED USE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS IN EXISTENCE AT THE TIME OF YOUR USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
RacePix.com will from here on be referred to as "RacePix". All pages within this website and any material made available for download will from here on be referred to as the "Website."
The term "Visitor" will from here on refer to anyone accessing the Website.
"You" and "Your" will from here on refer to any Visitor of the RacePix website.
The term "Photographer" refers to those Visitors who permit their photographs on third party websites to be displayed on RacePix or who upload and/or sell photographs or products via RacePix.
The term "Purchaser" refers to any Visitor of RacePix purchasing photographs or products via RacePix.
II. INTRODUCTION AND AGREEMENT TO TERMS
RacePix is an online service where Visitors may browse, exhibit, organize, print, sell, exchange, share or purchase photographs. It is a flexible commerce-enabled showcase of searchable digital images and digital products taken and/or created by Photographers and presented for viewing and acquisition by Visitors. By using this Website, Visitors agree to abide by all the General Terms and Conditions as set forth in Section III, below. In addition, Photographers agree to abide by the Photographer Terms and Conditions set forth in Section IV, below.
III. GENERAL TERMS AND CONDITIONS
RacePix reserves the right to modify or add additional conditions to the General Terms and Conditions at any time. Please check for updates to the User Agreement. Our User Agreement will indicate the date on which we published it and it came into force. For 30 days after introducing a revised version of the User Agreement we will indicate on our home page and on the account dashboard at login that a revised User Agreement has taken effect and applies to Your use of the Website. Your continued use of the Website shall constitute your acceptance of the User Agreement in effect at the time of your continued use.
Photographers retain their full rights to Content they upload to this Website, including photographs, biographies, and business information created by Photographers and RacePix shall not acquire any rights of the Photographers by virtue of the uploads.
All pages within this Website and any material made available for download are the property of RacePix and/or Photographers. No portion of the materials on this Website owned by RacePix may be reprinted, republished, modified, or distributed in any form without the express written permission of RacePix. You agree that you shall respect our intellectual property rights and the intellectual property rights of others. You also agree that you shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Except for Photographer Content described above, Visitors grant to RacePix a royalty-free, perpetual license to use all rights, including copyright, in content that they upload to the Website, such as comments about this Website or about content uploaded by Photographers, or comments submitted as guest entries. RacePix reserves the right to amend, redact and/or delete comments for any reason.
All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this Website, is the property of RacePix or its licensors or suppliers.
B. General Restrictions on Use
Any rights not expressly granted by these terms and conditions or any applicable end user license agreements are reserved by RacePix.
C. Content Disclaimer, Complaints, and Notifications of Claimed Copyright Infringement
RacePix makes no representations or warranties as to the accuracy, correctness or reliability of the content posted on this Website or sold by Photographers. RacePix cannot ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark on this Website. If your photograph or trademark appears on this Website without Your consent and You wish to have it removed, please contact RacePix and provide the URL to the photograph in question. Please state the reason why You would like it removed and RacePix will make a reasonable effort to resolve the issue with the Photographer.
Please send this information to RacePix by using the “Contact Us” form.
RacePix is not in a position to determine copyright status of any content uploaded to its site, which may depend upon many facts that are unknown to RacePix. If You believe that Your copyright rights have been violated by any material or activity on our Website, please send us a notification of claimed infringement. We expect the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RacePix to locate the material, including the URL where the material is located.
- Information reasonably sufficient to permit RacePix to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send the notification to our designated agent to receive notices of claimed infringement as follows:
Unit 6 The Old Sawmills
(353) 1 4509 233
RacePix has a policy of terminating the account of any person who has been determined to be a repeat copyright infringer.
D. Trademark Notice
All trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
E. Purchase Terms
Purchasers acknowledge that physical products purchased through this Website are purchased for personal use only and are custom made to Purchaser's order and have no market beyond Purchaser's purchase thereof. Purchasers may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit the physical products, or any portion thereof, for commercial use, in any manner, without the prior written consent of Photographer.
Purchasers acknowledge that products (including digital products) purchased through this Website are purchased subject to the terms set forth by the Photographer in a separate digital product license, and the acquisition of a copy of a work (digital or not) does not itself convey any rights under copyright or other laws to exploit the work. Purchasers acknowledge that RacePix provides NO warranties for ANY digital product license. All digital product licenses are entered into by Photographers and Purchasers at their own risk.
F. Warranty Disclaimer
THE WEBSITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. RACEPIX DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. RACEPIX DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM RACEPIX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTOIN WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
YOU AGREE THAT RACEPIX, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THIS LIMITATION OF REMEDIES IS PART OF THE BARGAIN BETWEEN THE PARTIES.
YOU AGREE THAT RACEPIX SHALL NOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS, CORRUPTION OF DATA SUBMITTED, OR THE COPYING OF PHOTOS BY ITS USERS OR UNAUTHORIZED USERS
Although RacePix attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform RacePix so that we can take appropriate action. Information contained on the Website may be changed or updated without notice.
G. Risk of Loss
All items purchased through RacePix and shipped to Purchaser by Photographer or by RacePix are subject to a shipment contract under which the risk of loss and title for such items pass to Purchaser upon RacePix's or Photographer's delivery to a shipping carrier.
You specifically agree to indemnify and hold harmless RacePix, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers from any claims, demands, causes of action, judgments, liabilities, losses, and expenses arising from (1) Your breach of these terms and conditions or violation of any representations or warranties contained in this agreement; (2) any materials that You submit or post on this Website; or (3) Your misuse of information provided to You by other Visitors. The indemnity provisions contained in this section include but are not limited to reasonable attorney's fees and court costs.
I. Prohibited Material and Activities
RacePix reserves the right to refuse material and activities or to remove any material and activities from the Website in its sole discretion. All material of any kind that we deem pornographic in our judgment is prohibited from this Web site. RacePix may, in its discretion, but is not obliged to, allow images that contain nudity if they exhibit artistic or other social value and are not pornographic.
Furthermore, You agree that You shall not (1) transmit or post to RacePix or the Website any material or conduct any activity with respect to the Website that in any manner violates any law, regulation, or treaty, or infringes on the rights of any third party; (2) transmit or post any material or activity that is defamatory, fraudulent, or obscene, or that may harass or abuse others; (3) transmit or post any materials or comments that can be harmful to the security or integrity of the Website or any of its users, including but not limited to materials such as viruses, software programs, or worms; (4) access any account that does not belong to You without the authorization of the owner of the account; (5) misuse, transfer, sell, or otherwise disclose private information provided to You by other subscribers or visitors; (6) interfere with other Visitors' use and enjoyment of the Services or the Website; (7) modify, adapt, or hack RacePix or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with RacePix; (8) spam other RacePix users or burden them with unwanted communications; or (9) post any materially false or misleading information to the Website or otherwise communicate it to RacePix users, including but not limited to any false or misleading advertising or coupons.
You agree that RacePix does not bear the responsibility for policing or determining the legal propriety of any material contributed by others or activity conducted by others on the Website.
RacePix reserves the right to prohibit access of any Visitor in its discretion.
J. Links To and From RacePix
You agree not to portray RacePix or any of the products or Services provided in a false or misleading manner. You further agree not to link to this Website for any purpose or in any way that is defamatory, fraudulent, indecent, or damages the name or reputation of RacePix.
RacePix makes no representations whatsoever about any other site that You may access through this Website. When You access a non-RacePix Website, you understand and agree that it is independent from RacePix, and that RacePix has no control over the content on that site. In addition, you understand that a hyperlink to a non-RacePix site does not mean that RacePix sponsors, is affiliated with, or endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to You to take precautions to ensure that whatever You select for Your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. You agree to accept all responsibility and any liability stemming from Your following or providing a link to another site, including where Your following or providing a link to the other site may lead to infringement of a copyright owned by another.
K. International Users
RacePix is located in the Republic of Ireland and conducts its transitions in the Republic of Ireland. Visitors who reside or do business outside the Republic of Ireland specifically agree that their transactions with RacePix take place in the Republic of Ireland. They also specifically agree that they shall, to the extent necessary, comply with all the local laws, rules, and regulations applicable to them regarding the use of this Website, including but not limited to, the transmission of data over the Internet, and applicable tax laws.
You understand and agree that RacePix may assign the rights and Conditions under this agreement. You understand and agree that Your personal information may be transferred to the succeeding entity You may not subcontract, assign, or otherwise delegate Your obligations under the Conditions set forth in this agreement without RacePix's prior written consent.
M. Entire Agreement
These terms and conditions constitute the entire agreement between RacePix and Visitors who are not Photographers pertaining to the subject matter of this Agreement. In addition to being subject to these terms and conditions, Photographers also are subject to the Photographer Terms and Conditions in Part IV of this document. In its sole discretion, RacePix may modify these terms and conditions by posting the revised version on this Website as stated above. If any of the conditions in this agreement are found invalid, void, or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. Apart from modifications by RacePix through revised terms and conditions posted on its Website, this agreement with respect to any single person or entity may be further amended only by a writing explicitly supplementing or superseding this agreement containing signatures by both that person or entity and RacePix. For the purposes of this paragraph, a "writing" does not include an e-mail message, and a "signature" does not include an electronic signature.
IV. PHOTOGRAPHER TERMS AND CONDITIONS
A. Protecting Other Peoples Rights
RacePix respects other people's rights, and expects you to do the same. Photographs published by Photographers must meet the consent requirements of the Data Protection Act 1988. This means that photographers are responsible for ensuring that they have the permission of individuals for publication of their images. We can remove any content if we believe it violates this statement. For more information regarding your data protection responsibilities please visit http://www.dataprotection.ie/
B. Photographer Services
RacePix may offer different levels of services depending on the Photographer's subscription. It is each Photographer's responsibility to be informed of these terms and conditions, as well as the various levels of services provided by RacePix.
Subject to the conditions set forth in this agreement, RacePix may provide Photographers with the services (hereafter referred to as "Photographer Services") described on the RacePixPro webpage.
RacePix will make reasonable efforts to maintain images, information, media, or data provided by Photographer in the course of operation of the Website, but each Photographer agrees that (1) RacePix does not provide a "locker" or archive service or otherwise warrant or guarantee that it will succeed in maintaining the images, information or media for the Photographer; (2) the Photographer shall be responsible to maintain back up copies of his or her works at all times; and (3) RacePix shall not liable for any loss of images, information, media, or data.
C. Photographer Responsibilities
Depending on the Photographer's preferences, Purchaser may have the option of placing orders to be fulfilled by the Photographer independently, using Photographer selected print labs and shipping methods. Alternatively, when made available, Purchasers may place orders to be fulfilled by RacePix and its affiliates and suppliers.
RacePix shall be responsible for processing and shipping the orders placed for fulfilment by RacePix directly to Purchasers, in accordance with the terms of the order.
RacePix shall notify the Photographer electronically of all orders placed within 24 hours. RacePix shall notify the Photographer of any refunds or fee disputes by any Purchaser. Purchasers pay RacePix in advance for orders placed for fulfilment by RacePix. Purchasers pay Photographers directly for orders placed for fulfilment by Photographers. Photographers agree that they shall be solely responsible for all aspects of the orders placed for fulfilment by Photographer.
Each Photographer is responsible for any and all activity that occurs under the Photographer's user name or account. Each Photographer is responsible for obtaining permission and proper release documentation from any person whose image is posted by the Photographer on RacePix. While RacePix has the right to refuse or remove any material or activities on its Website in its full discretion, RacePix specifically reserves the right to censor and delete any images where RacePix, in its sole judgment, lacks confidence in the documentation of a proper release.
D. Account Charges and Balances
RacePix will provide, as part of its fulfilment services included in Photographer Services, an account where payments to Photographers from Purchasers will be held. RacePix will pay out account balances at the end of each month once a Photographers account balance is above the threshold of €50. RacePix will pay account balances to Photographers via PayPal, electronic bank transfer, or bank check, if available, within (5) business days of the end of the month. Notwithstanding the previous sentence, RacePix shall have the right to withhold payouts pending investigation of suspicious account activity and to refuse or defer payment for its own protection or for an offset of Photographer's obligations to RacePix where RacePix considers account activity to be in bad faith or to violate the User Agreement.
RacePix reserves the right to pay out all or some account balances at the end of every calendar year, at the sole discretion of RacePix.
In the event that Photographer's account has a negative balance, RacePix shall have the right to discontinue placement of orders from the Photographer's account until the negative balance is cured. Each Photographer agrees that RacePix may terminate any account at RacePix’s discretion. Nothing in the Photographer Terms and Conditions shall limit RacePix’s right to pursue all remedies allowed by law to collect on delinquent accounts.
E. Photographer Restrictions on Use
You must be over 13 years of age in order to open an account with RacePix.
F. Renewal and Termination
Each Photographer agrees that RacePix may terminate each Photographer's access to and use of the Photographer Services, with or without cause at any time at the sole discretion of RacePix, for any reason. Violation of the Conditions listed in this agreement may prompt RacePix to take any necessary action that RacePix deems appropriate to enforce its right including but not limited to the institution of legal proceedings.
Each Photographer agrees to give RacePix 30 days notice to terminate a Photographer's account at the Photographer's request.
G. License Granted by Photographers
By delivering or transmitting images or any other media to RacePix, Photographers grant RacePix a nonexclusive right to use, reproduce, alter the resolution of, transmit, publicly display, distribute, and make available the images or other media as RacePix deems appropriate for the sole purpose of providing the Photographer Services. All other rights in transmitted images or media, including copyright, remain with the Photographer.
Each Photographer understands and agrees that RacePix may (but is not required to) make backup copies of any images, information, or media transmitted by Photographer to RacePix and may keep archives of them for the purpose of maintaining business records of RacePix and preserving evidence of its Website activity.
Each Photographer represents and warrants that the Photographer owns or otherwise controls all of the rights to any images, information, or media that the Photographer transmits to RacePix; that use of the such images, information, or media supplied by the Photographer and the rights that the Photographer conveys to RacePix does not violate this agreement and will not cause injury to any person or entity; and that the Photographer will indemnify RacePix for all claims demands, causes of action, judgments, liabilities, losses, and expenses arising from the images, information, media, or data supplied by the Photographer.
Each Photographer agrees that RacePix has the right in its sole discretion, but not the obligation, to edit or remove any activity or images, information, or media. Each Photographer understands and agrees that RacePix takes no responsibility and assumes no liability for any images, information, or media posted by the Photographer or any third party.
Any license between a Photographer and a Purchaser is the sole responsibility of the parties. Photographers acknowledge that RacePix provides NO warranties and bears no responsibility for the correctness or appropriateness of ANY digital product license, whether produced by the Photographer or created from a sample provided by RacePix. All digital image licenses are entered into by Photographers and Purchasers at their own risk. It is the sole duty of the Photographer to ensure that the entered license comports with the laws of the jurisdiction desired or designated by the Photographer.
H. Software Download Component
By subscribing to the Photographer Services, each Photographer agrees to download and install a software component on the machine that the Photographer will use for access to the Photographer services. Each Photographer is aware that this software will be used for uploading files. This software is proprietary to RacePix and is protected to the full extent of the law. Each Photographer agrees to use this software solely for the purposes provided in this agreement. RacePix is not responsible for any damages arising out of or related to the use of this software.
I. No Employment Relationship
Nothing in this agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship between RacePix and Photographer. Photographers are not entitled to any of the benefits which RacePix may make available to its employees. Photographers are not authorized to make any representation, contract or commitment on behalf of RacePix without prior written authorization to do so by an officer of RacePix. Photographer shall be solely responsible for, and will file, as required by law, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under the Conditions of this agreement. Photographer shall be solely liable for any failure to pay applicable taxes.