Welcome to the pixlagoon
These terms govern all use of the pixlagoon website www.pixlagoon.com, as well as all services available through them (“pixlagoon”). Pixlagoon is operated by Immature Photography LLP, E 177, Kardhani Scheme, Kalwar Road, Jaipur, India (“we” or “us”).
1. Acceptance of Terms
In order to gain full access to pixlagoon services you must first register. By doing so you give your consent to our Terms of Service and we become contractual partners.
Pixlagoon is a community and marketplace for photography. You can post and share your photos, participate in photo contests, read photography tips and tutorials, interviews and articles and use the other services offered. With pixlagoon Marketplace you can license photos from other users.
Pixlagoon is not a platform for saving or managing your content. Always keep copies of your photos safely backed up elsewhere!
We reserve the right to modify or discontinue our services at any time, within reason. We do not guarantee the provision of accounts or the participation of pixlagoon Market, nor of a certain upload capacity or the error-free and uninterrupted availability of pixlagoon. Neither do we guarantee the publication or sale of photos or the providing of any other services via pixlagoon.
You can register for pixlagoon either with us directly or via social networks (as available e.g. Facebook, Google Plus). Your registration becomes effective once we activate your account. You may select a username and change it at any time.
Any information submitted to us during registration or in other communication must be complete and correct. Keep your password confidential and your user profile updated so we can contact you at any time.
Your account is valid for you and only you. You may not transfer it to anyone else or allow someone else to use it.
4. Use by Minors
You must be at least 18 years old – or have the consent of a parent or legal guardian – to be able to register for pixlagoon. By registering you confirm that you are either aged 18 or older or that your parent or legal guardian agrees that you can use pixlagoon. We can ask you to prove the consent of your parent or legal guardian at any time. Parents or legal guardians who have provided their consent are fully responsible for the behavior of their children in accordance with the law and bear responsibility for their misconduct, along with any resulting damages. Parents and legal guardians are advised that content available on pixlagoon may be inappropriate for minors.
5. Upload of Content
If you upload a photo and/or add any text (“content”) to pixlagoon, you confirm that such content does not violate these Terms of Service or any applicable law. You also confirm that you possess the legal right to grant us rights of use to the extent as defined below. You always keep control of your content and are free to delete your content from pixlagoon at any time.
6. Grant of Rights – pixlagoon Community
When you upload content to pixlagoon, you grant us the right to use this content worldwide, non-exclusively and free-of-charge for the pixlagoon Community. This means we can integrate your content into our website, making it searchable and visible to the public. This includes the right to save your content, to technically reproduce it, to add information (hashtags, keywords, captions etc.), to make it publicly available, to publicly perform, to edit (e.g. modify the resolution), and/or to combine it with other content. This grant of rights is non-exclusive, so you are free to grant the same rights to third parties. This means you can share your photos on pixlagoon and other photo-selling platforms at the same time.
We showcase photos by members of the pixlagoon Community on social media and the Sharp17 Blog. Therefore, you also grant us and other visitors to the pixlagoon platform the right to use your content on other social networks (e.g. Facebook, Twitter, Pinterest, Google Plus and Instagram), within the pixlagoon Community (e.g. pixlagoon Team account) and on the pixlagoon Blog, be it to present, share, like, and/or comment on your content. In such cases we will always credit your work with your name and/or username.
To terminate your grant of rights for a photo for the future simply delete the photo at any time. Photos that have already been shared on social networks will not be automatically deleted from such networks and may therefore still be used.7. Prohibited Content and Unacceptable Use of pixlagoon Content or behavior that infringes on the rights of third parties or violates applicable laws is not permitted on pixlagoon. This includes:
- Pornographic, offensive, or racist content, as well as content that violates the laws protecting children or minors.
- Content that you did not create yourself. This includes content wholly or partially copied from another copyrightedwork without the permission of the applicable owner. This also includes content that infringes or violates the rights of third parties in any way, including personal, copyright, and intellectual property rights, along with any other applicable rights.
- Direct advertising or contacting other users to purchase or sell products or services, as well as any type of spamming or similar harassment.
8. Reporting and Removal of Prohibited Content We are not responsible for checking content uploaded to pixlagoon for potential legal violations. If you discover any content on pixlagoon that, in your opinion, violates copyright laws, intellectual property rights, or any other rights of third parties, contains pornographic or violent photos, or violates our Terms of Service, you may always inform us. We will review the reported content, get back to you if we have further questions and delete unacceptable content. We reserve the right to temporarily block reported content during the review procedure and permanently remove such content at our own discretion. 9. Pixlagoon Photo Contests If we carry out contests or prize competitions, the respective terms and conditions for participating apply. We do not guarantee participation in contests and/or allocation of prizes. 10. Notifications and Communication In your account settings, you may choose which email and/or push notifications you want to receive from us and which not. By turning these notifications on you give your consent for us to contact you respectively. You can revoke your consent by turning these options off at any time. You also agree that we may contact you by email with relevant pixlagoon Community 11. Deletion of Account and Content You may remove your photos and other content from pixlagoon or from your account completely at any time. You may also delete your account at any time. In this case all of your content will be automatically and irrevocably deleted from our platform and no longer publicly visible. We may delete content that, in our opinion, violates the Terms of Service, the rights of third parties and/or applicable laws, or is unacceptable for other reasons. We may delete your account if our contractual relationship ends. Any rights granted will be terminated upon final deletion. The rights to photos that have been used prior to deletion, as well as completed license agreements and rights of use granted with such license agreements, remain unaffected. 13. Your Liability You alone are – or your parent/guardian if you are under 18 years old is – responsible for your behavior as a user and compliance with these Terms of Service and applicable laws. You release us from all claims from third parties due to any alleged breach of duty to these Terms of Service and applicable laws that may arise or be invoked. 14. Our Liability We are not responsible for checking uploaded content for potential legal violations or illegal content. Review of photos on pixlagoon Photo Contetst is done solely to determine whether we wish to accept your photo for contest. Any uploaded content belongs to the respective user and does not become our property. We disclaim all liability for illegal, incorrect, or incomplete content and for damages that arise through use of the content, to the extent legally permissible. This also applies to links to external websites on our platform. However, we are fully liable for damages (a) resulting in a loss of life, bodily injury, or bodily harm due to a breach of duty by us, a legal representative, or agent, (b) caused by the absence of any condition guaranteed by us or (c) caused intentionally or through gross negligence by us, a legal representative, or agent. In the event of minor property or financial damages due to negligence, we are only liable in the event of breach of an essential contractual duty, and then only to the extent the damages are foreseeable by the end of the contract. Essential contractual duties are such duties which need to be carried out in order to actually perform the contract and in which the other party does and may trust. Any further liability for damages is excluded. 15. Termination We reserve the right to terminate the contractual relationship with you with 1 weeks’ notice without providing a reason and may, as a consequence, delete your account and content. The notice of termination may be made by email or in writing. 16. Modifications to the Terms We reserve the right to modify or adapt the Terms of Service e.g. in the event of modifications to the services, technical changes or changes of legal regulations, as long as such modifications do not affect the main contractual elements and do not expose you to any unreasonable disadvantage. If we make changes, we will inform you of these at least 1 weeks in advance via email. If you do not agree with the changes, you may object via email or in writing within 1 weeks from receipt of the notice. If you do not object by the deadline, it shall be automatically considered as approval of the new Terms of Service. In our notification we will inform you about your right to object, the deadline and consequences of inaction. If you have any questions about these Terms of Service or need to contact us for any reason, do so at firstname.lastname@example.org.