The Standard License Terms of Service are printed below. We also offer an Enhanced License, with expanded rights of use, which you may review by clicking here.

 

 

PIXACHI
TERMS OF SERVICE ("TOS")
STANDARD LICENSE

Formerly PixAchi, End User License Agreement (EULA)

Dear PixAchi Subscriber:

 

The following is a legal agreement between you and PixAchi. Please read this agreement carefully before downloading any PixAchi Images ("Image"). By downloading any Image, you agree to be bound by the terms of this agreement. PixAchi reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. If and when changes are made to these terms of service an announcement will appear on your login page. Please make sure that you read and understand all such changes. If you do not agree to these Terms of Service, as same may be amended from time to time, do not download or use any Images. If the use you are contemplating is not permitted by this license agreement, please review our Enhanced License which contains fewer restrictions on the use of Images. Please note that Images downloaded as part of your Standard License subscription may only be used in compliance with these Standard License TOS even if you subscribe to the Enhanced License service. To obtain the right to use an Image(s) pursuant to the Enhanced License, you must download that Image(s) as part of your Enhanced License subscription. Your failure to comply with the terms hereof could result in the immediate termination of your account.

 

Please note: If your account was active prior to the changes in these TOS, your use of Images will be controlled by the TOS in effect at the time your PixAchi subscription commenced. If you selected the "Auto Rebilling Option", your billing cycle will determine which TOS control your rights. Your use of Images downloaded during a billing cycle that commences after the revision date hereof will be controlled by these TOS. Conversely, the use of any Images downloaded during a billing cycle that commenced prior to this change in the TOS will be governed by the TOS in effect during the subject billing cycle. Click here to view the earlier TOS.

PART I

1.                               All Images on the PixAchi website are protected by international copyright laws and treaties. PixAchi and/or the various artists who provide content and/or Images to PixAchi ("Submitters") own all rights, including the copyrights in and to the Images. PixAchi and/or its Submitters reserve all rights in and to the Images not granted to you by the terms of this license. Your rights to use any Image are subject to this license agreement and are conditioned upon your payment to PixAchi for your use of the Images. If you fail to make any payment to PixAchi when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof, you have the right to use the downloaded Image, subject however, to the terms of this agreement. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and PixAchi's costs of collection, bank charges and credit card processing fees are received by PixAchi no later than fifteen (15) days from the date that your account became delinquent.

2.                               By this Agreement, PixAchi grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:

a)

On web sites;

b)

Incorporated into software as a background image or splash screen, provided that the Image or any digital files containing the Image cannot be unincorporated from the software or viewed as a slideshow or the equivalent;

c)

In multimedia presentations and incorporated into film and video for broadcast use, and theatrical display only where the intended audience will consist of fewer than two hundred fifty thousand (250,000) viewers;

d)

In CD or DVD cover art, magazines, newspapers, books, , book covers, textbooks, editorials provided that the manufacturing or print run of such CDs or DVDs, magazines, newspapers, etc. does not exceed two hundred fifty thousand (250,000) copies in the aggregate;

e)

In ebooks, including multi seat license electronic textbooks, provided that the number of potential seat licenses or end users is fewer than two hundred fifty thousand (250,000);

f)

In the artwork for the packaging of any product (excluding CDs, DVDs, etc.) without regard to the quantity of packages manufactured;

g)

As toolbar skins and mobile phone "wallpaper" for your own personal use;

h)

On letterhead, business cards, advertising or promotional posters, pamphlets, brochures, catalogs, pop up and/or panel displays for use in conventions and trade shows, provided that the Image is not used as and does not function as a trademark, service mark or logo or as an element thereof;

i)

As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use or as advertising posters for use in promoting the sale of other products (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that such prints and/or posters and/or other reproductions combine words and an Image or Images;

j)

As a single hand painted reproduction (not as a printed reproduction) on a canvas or other material to be used as decoration and not resold; and

k)

In coordination with opt-in email marketing. Images cannot be used in connection with unsolicited email - or linked from unsolicited email.

l)

In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by PixAchi or its Submitter, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.

All other rights in the Images are expressly reserved by PixAchi for itself and its Submitters.

3.                               PixAchi shall be under no obligation to refund your subscription fee under any circumstances. However, in the event that PixAchi determines that you are entitled to a refund of all or part of your subscription fee, such refund shall only be made to the credit card account originally used by you to purchase your subscription. If your subscription was paid by check, your refund will be made by check.

PART II
RESTRICTIONS

YOU MAY NOT:

4.                               Use an Image other than as specified in PART I.

5.                               Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products, including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com).

6.                               Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.

7.                               Use or display an image as part of or in connection with the production, promotion or marketing of any multimedia, audio-visual work or audio only work with an intended audience of more than two hundred fifty thousand (250,000) viewers, including, without limitation, any documentary, news show, television program or film, in any media. You must obtain an Enhanced License for such use.

8.                               Use an Image in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive - this includes, but is not limited to: a) the use of Images in pornography; b) tobacco ads; c) ads for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) political endorsements; e) advertisements for pharmaceutical products, including, but not limited to personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.

9.                               Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in editorial or preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.

10.                           Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.

11.                           Use PixAchi Images in a manner that competes with PixAchi's business. This includes, by way of illustration, not by way of limitation, displaying images in any format (including thumbnails) for download on a website, offering PixAchi Images for sale, or including PixAchi Images in templates (website, document, project or otherwise) for sale.

12.                           You may not create a digital or print greeting card line based on PixAchi Images - or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale. However, you may use up to ten (10) Images per paid monthly subscription for manufacturing or producing physical items for promotional use only, including paper greeting cards, magnets, etc., provided that you do not produce more than 1,000 copies of any single item that bears one or more Images and further provided that such items combine text with any Images. Promotional uses must comply, in all respects, with the restrictions set forth in these TOS. You may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) on online auction websites (e.g., Ebay, Amazon Auctions, Overstock Auctions, etc.) or otherwise that incorporate Images.  If you wish to use an Image or Images in connection with the production of any items prohibited by this Standard License, you may purchase an Enhanced License, which provides a broader grant of rights. Click here to view the Enhanced License

13.                           Use an Image marked "Editorial Use Only" for commercial purposes. If an Image is marked, "Editorial Use Only", additional permissions may be required for commercial use. PixAchi does not provide such permissions.

14.                           Use any Image (in whole or in part) as a trademark, logo or an element thereof.

15.                           Produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper or any other medium unless expressly permitted by this agreement.

16.                           Stockpile, download, or otherwise store Images not used within six (6) months of the expiration of your account.

17.                           Use automated programs, applets, bots etc., to download Images.

PART III

18.                           "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image.

19.                           If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the PixAchi Image number as well as the date or dates on which the Images were used. You may use PixAchi Images for no more than three (3) clients per thirty (30) day subscription you purchase. To determine the number of clients for whom you may use Images, multiply the number of one (1) month subscriptions purchased by three (3). For example, if you purchase six (6) one-month subscriptions, you may service eighteen (18) clients during the period of your subscription. For bulk subscriptions or multiple seat licenses to service a large quantity of clients, please contact PixAchi Support.

20.                           You agree that you will not share your username and password combination. Your PixAchi username and password are to be used only by you. Each person that desires to access the PixAchi site must have his/her own username and password and must purchase a subscription. You may use your subscription on ONE COMPUTER in your office or home at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. We reserve the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information.

21.                           You agree to indemnify and hold PixAchi, , its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify PixAchi for all costs and expenses that PixAchi incurs in the event that you breach any of the terms of this or any other agreement with PixAchi.

22.                           Neither PixAchi or any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Image or Images.

23.                           This contract is governed by and shall be construed in accordance with the laws of the State of New York. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to this agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of either of the parties, but rather in accordance with the fair meaning thereof.

24.                           If you are unsure of your rights under this agreement, or if you wish to use an Image in a manner not expressly permitted under this agreement, please see our Enhanced License. If you still have questions, please contact PixAchi Support.

25.                           Subscriptions include 25 Image downloads per day (up to 750 per month). For the purposes of this agreement, a day is defined as the twenty four (24) hour period beginning at 12:00 am Eastern Standard Time ("EST") and ending at 11:59 pm EST. A month is defined as 30 consecutive days.

IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS AGREEMENT, PIXACHI SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO PIXACHI'S OTHER RIGHTS AT LAW AND/OR EQUITY.

 

PIXACHI MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF ANY RELEASE ASSOCIATED WITH AN IMAGE EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

 

PIXACHI GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED.

 

PIXACHI DOES NOT WARRANT THAT THE IMAGE(S), PIXACHI WEBSITES OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.

 

YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.

 

PIXACHI SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), PIXACHI'S BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF PIXACHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL PIXACHI'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PIXACHI WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY PIXACHI FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S). 

 

Effective 1st August 2006