flickitpix.com


TERMS OF USE FOR UPLOADING PHOTOGRAPHS TO FLICKITPIX.COM

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Effective Date: December 21 2024

By uploading any photographs (“Photos”) to flickitpix.com (the “Website”), you (“You” or “User”) hereby acknowledge and agree to be bound by the following terms and conditions (these “Terms”). If You do not agree to all of these Terms, do not upload any Photos to the Website.

  1. Ownership and Responsibility
    1.1 Ownership of Uploaded Photos:
    You retain all right, title, and interest in and to the Photos You upload. By uploading the Photos, You represent and warrant that You are the lawful owner of the Photos or have obtained all necessary rights, licenses, consents, and permissions from the applicable copyright holder(s) to upload and distribute the Photos via the Website. 1.2 Compliance with Laws:
    You agree that all Photos You upload shall comply with all applicable federal, state, and local laws and regulations, and that such Photos shall not infringe, misappropriate, or violate any intellectual property rights or other rights of any third party. 1.3 Content Responsibility:
    You bear sole and exclusive responsibility for the content of the Photos You upload, including ensuring that such Photos do not contain offensive, unlawful, defamatory, obscene, or otherwise objectionable material.
  2. Right to Remove Photos
    2.1 FlickitPix.com’s Discretion:
    FlickitPix.com reserves the right, in its sole discretion, to remove, suspend, or disable access to any Photos at any time and for any reason, without prior notice. Grounds for removal may include, but are not limited to, violations of these Terms, requests from copyright holders, or content deemed inappropriate or harmful. 2.2 No Liability for Removal:
    FlickitPix.com shall not be liable for any damages, losses, or claims arising out of or related to the removal of any Photos from the Website, including any loss of anticipated revenue, profits, or other economic benefits.
  3. Licensing and Usage Terms
    3.1 Grant of Rights to FlickitPix.com:
    By uploading Photos, You grant FlickitPix.com a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, display, reproduce, distribute, and make such Photos available to Users for download and use, subject to these Terms and any additional terms imposed at the time of download.
    FlickitPix.com may enforce its Terms of Use on any downloaded Photos and may, in its sole discretion, monetize certain Photos if they qualify under its fee-sharing program as described herein. 3.2 License for Downloaders:
    Photos downloaded from the Website shall be governed by the terms and conditions in effect at the time of download. Downloaders may utilize such Photos in accordance with the applicable license terms and shall not be subject to new or additional restrictions imposed retroactively without notice. 3.3 Monetization Program:
    (a) Eligibility: Certain Photos may be selected by FlickitPix.com, at its sole discretion, for inclusion in a fee-sharing or monetization program.
    (b) Revenue Sharing: If Your Photos generate revenue, FlickitPix.com shall remit to You a percentage of such revenue, net of any applicable platform fees, transaction costs, and taxes. The terms, conditions, and percentage of revenue sharing shall be determined solely by FlickitPix.com and may be modified at any time without prior notice.
  4. Removal and Revocation
    4.1 Uploader-Initiated Removal:
    You may request removal of Your Photos from the Website by contacting FlickitPix.com at [email protected]. Upon removal, such Photos will no longer be available for download. 4.2 Previously Downloaded Photos:
    Users who have lawfully downloaded Photos prior to their removal shall retain the rights granted at the time of download. You acknowledge that You cannot revoke or retroactively alter the license terms under which those Users obtained the Photos.
  5. Prohibited Content
    You shall not upload Photos that:
    5.1 Infringe on Rights:
    Infringe upon the copyrights, trademarks, or other intellectual property rights of any third party without authorization. 5.2 Offensive or Unlawful Material:
    Contain content that is illegal, hateful, discriminatory, or that promotes violence, harm, or unlawful activities. 5.3 Exploiting Sensitive Subjects:
    Depict minors or animals in a manner that is exploitative, harmful, misleading, or otherwise violates applicable laws or ethical standards.
  6. Sensitive Content Guidelines
    6.1 Photos Featuring Minors:
    You must obtain all necessary permissions, including parental or guardian consent where applicable, before uploading Photos featuring minors. Such Photos may not be used or depicted in any context that could harm, exploit, or misrepresent the individuals portrayed. 6.2 Photos Featuring Animals:
    Photos must not promote animal cruelty, illegal trade, or other harmful activities. All Photos featuring animals must be presented ethically and responsibly.
  7. Monitoring and Policy Updates
    7.1 Monitoring and Enforcement:
    FlickitPix.com reserves the right to review, monitor, and verify compliance with these Terms. Violations may result in the removal of Photos, suspension or termination of accounts, revocation of any granted licenses, or any other action FlickitPix.com deems appropriate. 7.2 Policy Updates:
    FlickitPix.com may revise these Terms from time to time in its sole discretion. Any such modifications will be posted on the Website, and Your continued uploading of Photos after the posting of updated Terms constitutes Your acceptance of such modifications.
  8. Disclaimer of Warranties
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ANY ASSOCIATED SERVICES 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.
  9. 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 UPLOADING OF PHOTOS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. Indemnification
    You agree to defend, indemnify, and hold harmless FlickitPix.com, 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 breach of these Terms or Your uploading of Photos in violation of applicable law or the rights of any third party.
  11. 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.
  12. Entire Agreement
    These Terms constitute the entire agreement between You and FlickitPix.com regarding the uploading of Photos and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written.
  13. 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 out of or relating to 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]