TERMS OF USE FOR DOWNLOADING
PHOTOGRAPHS FROM FLICKITPIX.COM
Effective Date: Dec 19, 2024
By accessing, downloading, or using any phohttps://flickitpix.com/index.php/easy-to-read-terms-of-use-for-downloading/tographs (“Photos”) available on flickitpix.com (the “Website”), you (“You” or “User”) agree to be bound by these Terms of Use (these “Terms”). If You do not agree to all of these Terms, do not access or download any Photos.
1. Scope and Acceptance
These Terms govern Your rights and obligations with respect to all Photos accessible via the Website. Your acceptance is conclusively demonstrated by Your decision to access, download, or otherwise use any Photos from the Website.
2. Grant of License for Free Photos
Subject to Your strict compliance with these Terms, FlickitPix.com hereby grants You a limited, non-exclusive, non-transferable, revocable license to download and use free Photos for both personal and commercial purposes. Attribution is appreciated but not required unless explicitly stated otherwise.
3. Grant of License for Paid Photos
Certain Photos require payment prior to download. Upon payment in full, You receive a limited, non-exclusive, non-transferable, revocable license to use such Photos solely in accordance with the license terms communicated at the time of purchase. Such license may be subject to periodic renewal or other conditions. All fees are final and non-refundable, except in instances where technical issues preclude Your access to the purchased Photo.
4. Permitted Uses
You may incorporate the Photos, whether edited or unedited, into various media, including websites, blogs, presentations, social media, advertisements, and printed materials, provided such uses do not violate these Terms or any applicable law. You may make non-destructive edits (e.g., cropping, resizing, color adjustments) to the Photos.
5. Prohibited Uses
5.1 **Unauthorized Distribution**: You shall not redistribute, host, upload, sublicense, sell, or otherwise make Photos available on any platform or medium other than this Website.
5.2 **AI and Misrepresentation**: You shall not use the Photos for training artificial intelligence or machine learning models, nor shall You remove watermarks, metadata, or undertake any alterations intended to obscure the Photo’s origin or misrepresent authorship.
5.3 **Unlawful or Offensive Content**: You shall not use the Photos in any manner that promotes illegal activities, hate speech, discrimination, defamation, or other offensive or unlawful materials.
5.4 **Sensitive Content**:
– **Minors**: Photos containing minors shall not be used in contexts that exploit, harm, misrepresent, or otherwise negatively impact such individuals, including but not limited to controversial, suggestive, or inappropriate content.
– **Animals**: Photos depicting animals shall not be used to endorse or depict cruelty, illegal trade, or harmful conduct toward animals.
6. Access and Downloading Conditions
FlickitPix.com reserves the right, in its sole discretion, to require user accounts, impose download limits, institute watermarks, or modify other conditions for accessing or downloading Photos at any time and without prior notice.
7. Intellectual Property and Ownership
All rights, title, and interest in and to the Photos remain the exclusive property of their respective copyright holders. Downloading or using the Photos does not transfer any ownership rights. Copyright holders may request removal of their Photos from this Website at any time; however, Photos lawfully downloaded prior to removal remain subject to the license terms in effect at the time of download.
8. Monitoring and Enforcement
FlickitPix.com reserves the right to monitor usage of the Photos to verify compliance with these Terms. In the event of suspected or actual violation of these Terms, FlickitPix.com may, at its sole discretion, take any action deemed appropriate, including but not limited to issuing takedown notices, revoking licenses, terminating access, or pursuing all available legal remedies.
9. Policy Modifications
FlickitPix.com may revise these Terms from time to time, in its sole discretion, by posting updated Terms on this Website. Your continued use of or access to any Photos following the posting of such revisions constitutes Your acceptance of the modified Terms.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PHOTOS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLICKITPIX.COM OR ITS AFFILIATES, OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PHOTOS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
You agree to defend, indemnify, and hold harmless FlickitPix.com and its affiliates, officers, agents, and employees from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Photos in violation of applicable law.
13. Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
14. Entire Agreement
These Terms, together with any license terms provided at the time of purchase, constitute the entire agreement between You and FlickitPix.com with respect to the Photos and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law principles. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Nebraska, and You irrevocably consent to the personal jurisdiction of such courts.
Contact Information
For inquiries, please contact FlickitPix.com at: [email protected]