By using Pixxcell and any data or information accessed from Pixxcell, you agree to be bound by these terms and conditions and the Pixxcell privacy notice.
The information and facilities provided on our website (the "Website") and other Pixxcell services ("Services") are provided to you ("you/your") by Pixxcell Worldwide Ltd ("Pixxcell/we/our/us").
See the end of these terms and conditions for our contact details.
Your use of our Website and Services is governed by these terms and conditions which contain important details including about what you and us can do with content on the Website, how rights to use content you choose to submit are limited, limits on our liability and responsibility and how to make a complaint. You must register as a registered user before being able to contribute and amend material via the Services.
1.1 Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
1.2 You are responsible for ensuring that all persons who access our Website through your Internet connection are aware of these terms and conditions, and that they comply with them.
2.1 The Services include content such as photographic imagery and related information provided by third parties. Additionally, you may choose to access other third party content made available in Pixxcell through services such as user added URLs to external websites. Pixxcell makes no representations or warranties regarding the accuracy or completeness of the information provided by these third parties.
2.2 By using the Services and accessing such content provided by third parties, you agree to also be bound and abide by the terms and conditions of use that apply to third party sites and applications. We provide third party content on our Website as a result of collaborations with others, in particular the use of available APIs.
2.3 The APIs currently being used by the Website, including a hyperlink to each website’s terms and conditions, are as follows:
(e) Twitter; and
2.4 By connecting a social media account to the Website for the purposes of registration, you grant us access to your data held by that account, including photos and your friends, followers or following list (as applicable), pursuant to the terms and conditions of the relevant social media account. Pixxcell will not distribute any of your personally identifiable data from these accounts to any third parties, although you grant us a royalty free, perpetual licence to distribute your general non-personally identifiable demographic data to Getty and other relevant third parties such as information about your viewing history, age, interests and recent geographic locations visited.
(a) distribute, resell or, in the case of corporations, “frame” Getty content;
(b) permit access to Getty content by any third party (other than your employees and individual independent contractors bound by terms and conditions substantially as protective of Getty’s content as Getty’s terms binding on you) unless such content forms part of a webpage which has been embedded by way of a frame displayed within an individual user’s website in accordance with clause 5;
(c) compile or use any information obtained through Getty’s content for the purpose of direct marketing, spamming, or other unsolicited communications;
(d) use Getty’s content other than in compliance with all applicable federal, state, and local laws;
(e) interfere with any other user’s access to Getty’s content;
(f) reverse engineer, attempt to gain unauthorised access to Getty’s content, or attempt to discover the underlying source code or structure, or the functionality provided by Getty in providing Getty content;
(g) introduce into Getty Images’ systems any routine, device or other undisclosed feature, including a so-called time bomb, virus, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap door, that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, or which is intended to provide unauthorised access or to produce unauthorised modifications; or
(h) use any robot, spider, data gathering or extraction tool, or similar mechanisms, with respect to Getty’s content.
2.8 You agree to immediately notify Pixxcell if you become aware or suspect that any third party that has gained access to Getty’s content through your use of the Website is wrongfully using any Getty content, in whole or in part, or is violating any of Getty's intellectual property rights.
2.9 Commentary and other materials posted on our Website are not intended to amount to advice. We will not have any liability arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. Please check with an expert before seeking any reliance on any such content.
3.1 You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing on photographic imagery.
3.2 You may not copy, reverse engineer, decompile, disassemble, translate, modify or make derivative works of the photographic imagery, in whole or in part. You also may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the photographic imagery or any part thereof or use it in any manner not expressly authorized by this agreement.
4.1 You agree that you are responsible for your own conduct and content while using Pixxcell and for any consequences thereof. You agree to use Pixxcell only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Pixxcell, you will not:
(a) abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) defame or upload defamatory content in relation to anyone without a valid legal defence (which may include truth, honest opinion, or publication on a matter of public interest);
(c) upload, post, email or transmit or otherwise make available any inappropriate, , infringing, obscene, or unlawful content;
(d) upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content;
(e) upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines;
(f) download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
(g) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
(h) restrict or inhibit any other user from using and enjoying Pixxcell services;
(i) use Pixxcell services for any illegal or unauthorized purpose;
(j) remove any copyright, trademark or other proprietary rights notices contained in or on Pixxcell services;
(k) interfere with or disrupt Pixxcell services or servers or networks connected to Pixxcell services, or disobey any requirements, procedures, policies or regulations of networks connected to Pixxcell services;
(l) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Pixxcell services or collect information about users for any unauthorized purpose;
(m) submit content that falsely expresses or implies that such content is sponsored or endorsed by Pixxcell;
(n) create user accounts by automated means or under false or fraudulent pretences;
(o) promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
(p) publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity;
(q) publish people's private and confidential information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers;
(r) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
(s) use Pixxcell for any purpose other than your personal use or in accordance with the Terms and Conditions;
(t) harm minors in any way; or
(u) use any Contributed Content or Our Content (each as described below) other than as set out in paragraphs 12 and 13 below.
4.2 We will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any material posted on it, or on any website linked to or framing it.
5.1 Subject to clause 5.2, you may link to or frame any page on the Website (provided that, in the case of framing, the framed content forms part of your own story map), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link or frame any content on our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link or frame our Website from any website that is not owned by, or validly licensed to, you and you agree to indemnify us for any loss if this is not the case.
5.2 Subject to the restrictions set out in clause 2 and this clause 5.2, story maps created on our Website may be embedded and framed on other sites by way of an IFrame. For the avoidance of doubt, the restriction on corporations making any use of images provided and owned by Getty applies equally to the embedding/framing function;. in no event may corporations use images owned by Getty, either on our Website or on their own site (via embedding, framing or otherwise). Furthermore, corporations may only frame webpages containing images from Flickr where they own the copyright in such images or where such images are subject to a Creative Commons licence (and always in accordance with the terms of the licence). Any content contained in a framed webpage must already be freely accessible on the public archive section of our Website. We reserve the right to withdraw linking or framing permission without notice. The website from which you are linking or framing must comply in all respects with the content standards set out in our acceptable use policy at clause 2.
5.3 If you wish to make any use of material on our Website other than that set out above, i.e if you are a corporation that wishes to include Getty content in an embedded iframe, please address your request to firstname.lastname@example.org
5.4 Where our Website contains links to other websites and resources provided by third parties, whether or not such links are inserted by us, these links are provided for your information only.
5.5 We have no control over the contents of those sites or resources linked from our Website or framing our Website, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
There is no charge for using the Pixxcell Website, for embedding a story map by way of an Iframe on another site, or for becoming a Registered User. We reserve the right to introduce a fee for framing at our sole discretion. In the event that we exercise this right, we will notify you with details of the charges by email and such charges will never apply retrospectively.
7.1 Registered Users must be 16 or over, or if they are under 16, have their parent’s or guardian’s consent to use Pixxcell Services.
7.2 If you're under 16:
(a) Please get your parent's or guardian's permission before contributing to Pixxcell services; and
(b) Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
7.3 If we discover or have reason to suspect that you are under 16 and do not have permission from a parent or guardian, we may suspend or terminate your registration.
7.4 If you are a parent or guardian or teacher with concerns regarding the safety of a child's use of Pixxcell Services or would like more information about Pixxcell, then do contact us as set out at the end of these Terms and Conditions.
8.1 You may register and sign in to Pixxcell either using your email address or your Facebook, Twitter, Instagram or Google account (“Applicable Social Media Account”). If you do not have an email or Applicable Social Media Account, you will need to create one before registering with Pixxcell. By registering and signing in to Pixxcell with your Applicable Social Media Account you will be consenting to some of the images stored on such account (subject to your privacy settings therewith) being submitted and made available to Pixxcell for display on our Website in accordance with clause 2.4 above.
8.2 You are responsible for maintaining the confidentiality of your Password and Account Details and are responsible for all activities that occur under them. Please ensure that you exit from your account at the end of each session. We do not have the means to check the identity of people using Pixxcell Services and will not be liable where your Password or User Name are used by someone else.
8.3 You agree to notify us immediately of any unauthorised use of your Password or User Name or any other breach of security of which you become aware.
10.1 Where you are a Registered User you represent and warrant that:
(a) you are 16 or over or have permission from a parent or guardian;
(b) all information and details provided by you to us on registration are true, accurate and up to date in all respects and at all times (note that you can update or correct your personal details at any time through amending your Profile details);
(c) you will undertake to comply with the restrictions on your use of Pixxcell Services set out in these Terms and Conditions;
(d) all content that you contribute via Pixxcell Services is yours and/or you have all rights required to grant the licences set out in section 12 below without Pixxcell or other users needing to obtain any further consents or permissions from or to pay any monies to any third person in respect of their use of such content in accordance with section 12.
10.2 You agree to indemnify us and hold Pixxcell and its affiliates, officers, agents, employees, partners and licensors harmless from any claim made against us by a third party or damages incurred by us as a result of such claim (including any legal fees in relation to same) arising from your use of Pixxcell Services or any Contributed Content or other content in relation to these Terms and Conditions including any breach or suspected breach of these Terms and Conditions.
11.1 You can cancel or terminate your registration at any time by contacting us at email@example.com.
11.2 We reserve the right to terminate or suspend your registration where:
(a) we have reason to believe or suspect that you are acting in breach of these Terms and Conditions;
(b) otherwise, where required to do so by law, regulatory body or our licensors or whilst investigating any complaint about you or your activity on the Website; or
(c) at any time on not less than 1 day's notice to you.
12.1 All photographic content uploaded to Pixxcell by you must adhere to these terms and conditions.
12.2 Once you upload any content to the Website, we shall keep your content private unless you specify in our settings that you want your images and content to appear on the Website’s public archive whereby they appear on Pixxcell’s main globe.
13.1 Pixxcell allows Registered Users to contribute a range of content to our Website, including:
(a) Media content in the form of photographs ("Media Content")
(b) Text-based content including stories comments (once this functionality has been implemented by Pixxcell) and information about yourself in your story map, profile and postings ("Text Content").
13.2 Media Content and Text Content are together referred to by us as "Contributed Content".
13.3 Although we reserve our rights to do so, we do not monitor Contributed Content on our Website and therefore, since it is not ours and we do not check or verify it, we will not be responsible or liable for the content or accuracy of any Contributed Content.
13.4 You understand that by using the Website and Services you may be exposed to content that is inaccurate or that you may find offensive, indecent or objectionable and that, in this respect, you use the Website at your own risk.
13.5 Contributed Content submitted must not be unlawful in any way. You must not submit any Contributed Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
13.6 Pixxcell operates a copyright policy in relation to any user submissions which are alleged to infringe the copyright of a third party. Details of that process and contact details for any complaint about content can be found at clause 15.
13.7 As part of Pixxcell’s copyright policy, Pixxcell can terminate user access to the Website if a user uses content in a manner which is not permitted.
13.8 We reserve the right to remove or modify any material submitted to our Website, or stored on our servers, or hosted or published upon our Website.
14.1 All Text Content is deemed to be shared with Pixxcell and the community on the basis that you permit other users and visitors to quote, blog or otherwise use the text contributed by you for their own lawful, non-commercial purposes and they do not have to state that such Text Content is yours.
14.2 Likewise you can use the Text Content of other Registered Users provided you do so for your own non-commercial and lawful purposes only and otherwise comply with the rest of these Terms and Conditions.
Whenever you contribute Media Content to our Website, you only give others a license to use your Media Content for the purposes of viewing the content via the Website. You may state your ownership of such copyright protected content on the Website. Others may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way your copyrighted content save as set out here. However users have a right to make copies for back up purposes for lawful use, and incidentally in the course of viewing Media Content on their selected device provided that no more than one copy of any information is made. Users may also have rights to use your Media Content in ways permitted under relevant copyright laws (for example fair dealing for research and private study or criticism, review and news reporting or educational activities). Unless provided otherwise in clauses 5.1 and 5.2, we only permit third parties to re-use content on blogs where such re-use is limited to displaying images within the interface of Pixxcell, not a single image.
15.1 You retain the right to remove at any time, any copyright protected content from our Website which you have submitted. By doing so, any rights Pixxcell holds will no longer apply.
15.2 You agree to follow the rules governing the level of protection outlined above when using the Website or Services.
15.3 Please note that we reserve the right to review or reject listings with photographic imagery that violate our content policy, for example photographic imagery that contains:
(a) illegal content;
(b) violations of copyright;
(c) trademark infringement;
(e) incitement of violence;
(f) promotions of hate; or
(g) invasion of privacy.
16.1 Pixxcell does not claim any ownership of Contributed Content you contribute to Pixxcell. When you contribute Media Content, you grant us a perpetual, royalty free and non-exclusive license to use your Media Content as set out below. This licence is separate and different from the copyright protection attached to your Media Content, which applies to other Pixxcell users' use of your Media Content.
16.2 We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights or their right to privacy.
16.3 On contributing any Media Content, the licence you grant to us is a licence to communicate your Media Content to the public and otherwise make it available on the Website and through the Services including the publication of your content:
(a) via Pixxcell social networking pages and tools; and
(b) amend, copy or delete it in the course of doing so and at our discretion pursuant to any complaints in relation to such Media Content.
16.4 By submitting, posting or displaying the content you give Pixxcell a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Pixxcell to display, distribute and promote the Services.
16.5 You agree that this licence includes a right for Pixxcell to make such Content available to other companies, organisations or individuals with whom Pixxcell has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
16.6 You understand that Pixxcell, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Pixxcell to take these actions.
16.7 You confirm and warrant to Pixxcell that you have all the rights, power and authority necessary to grant the above licence and shall indemnify Pixxcell for any liability Pixxcell face should you not have such rights, power and authority to grant this licence.
17.1 Your use of our Website or Services grants no rights to you in relation to our (or our licensor's) intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties contained in such parts of our Website or Services.
17.2 You may not (and may not allow any third party to), without limitation, copy, modify, reproduce (unless in the context of “framing” in accordance with clause 5.2), republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right to the public or distribute in any way our content or the computer codes of elements comprising our Website, or Services. You agree not to modify our content in any manner or form, nor to use modified versions of our content.
17.3 Any use of our content other than that permitted under the Terms and Conditions may only be undertaken with our prior express authorisation
18.1 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. Whilst we endeavour to ensure that the information on this Website (excluding user content) is correct, we do not warrant its completeness or accuracy (including in relation to any dates or latitude and longitude degrees corresponding to images); nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
18.2 Please be aware that our Services are a public resource that enables individuals to contribute their own content and version of events some of which may be inaccurate. We do not monitor the Services and do not promise that the information on Pixxcell will be free from errors or omissions nor that it will not contain inappropriate content. We cannot be held liable for any contents of or consequences of such material. It is your responsibility to take precautions and use common sense when using the Services and any Contributed Content or providing any information to others via the Services. Unfortunately, there may be occasions when you may find other Registered Users' or visitors' use of the Services or posted Contributed Content offensive, harmful or deceptive. If you have any complaints regarding another Registered User, visitor to the Services or Contributed Content, then you should use the Complaints Process set out below.
18.3 Subject always to the above, to the fullest extent permissible by law, we don't give any promises of any kind (whether express or implied) in relation to the Services and any items accessed by you via the Services or a third party provider including any Contributed Content. Your statutory rights as a consumer (including your right to receive a reasonable standard of service) are not affected however and will still apply.
18.4 Our liability in tort, contract, negligence, representations or otherwise arising out of or in connection with the Services, or the Website and/or these Terms and Conditions shall be limited in aggregate to £100.
18.5 We do not accept any liability for damage to your computer system or loss of data that results from your use of the Services or our Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
18.6 Whilst we use all reasonable endeavours to correct any errors or omissions in our own posted information as soon as practicable once they have been brought to our attention, we do not promise that it is correct.
18.7 We cannot promise that our Services or Website will be available uninterrupted and in a fully operating condition due to the nature of the Internet and our dependency on other service providers. Access to the Services and our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
19.1 If you believe that any content on our Website is in breach of these Terms (e.g. obscene content) you can anonymously report this to us by clicking on the "Report Abuse" button which can be found at in the bottom bar of the website.
19.2 If you have any specific complaints about our Website, another Registered User, a visitor to the Services or any Contributed Content or any other aspects of the Services then you can contact us at firstname.lastname@example.org. Please note that we are under no obligation to take any action against a Registered User or other person unless required by law.
20.1 In order for us to take down and remove any content on our site that you believe infringes your copyright, you need to send us a copyright infringement take down notification for us to consider. To file a copyright infringement notification with us, you will need to send a written communication to us with all of the following information in it, using this format:
(a) Include a statement telling us that you have found a photo or other content on Pixxcell which you believe infringes your copyright (for example, "I hereby confirm that I believe the photo identified below infringes my copyright");
(b) Tell us which country your copyright applies to;
(c) Tell us the title of the photo concerned and the full URL;
(d) Explain to us how the photo infringes your copyright;
(e) Let us have contact information so that we can get in touch with you (email address is preferred);
(f) Let us have the contact information which we can pass on to the submitter of the photo concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred);
(g) Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.";
(h) I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use; and
(i) Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
20.2 If you prefer to contact us via postal mail or email you may do so here:
(a) Pixxcell Worldwide Ltd, Tremough Innovation Centre, Tremough Campus, Penryn, United Kingdom TR10 9TA; and
(b) You can contact us by email at email@example.com.
20.3 Make sure you know whether the content that you have seen on Pixxcell infringes your copyright. If you are not sure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
20.4 Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
20.5 Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to legal liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access for Registered Users who are infringers.
22.1 We are constantly looking for new ways to improve the Pixxcell Website and Services and to enhance your experience. We therefore reserve the right to amend and develop the Services, our Website and these Terms and Conditions at any time. We will post all such changes on the Website and, other than in relation to minor changes which have no detrimental impact on you, send you a notification of such change by email to the email address that you have registered with us, where relevant.
22.2 All such changes will take effect once they have been posted on the Website and you will be deemed to have accepted any such changes from that date. Please check this page regularly to ensure you are familiar with the current version of our Terms and Conditions as they are binding on you.
22.3 If you do not accept any changes made in relation to the Pixxcell Service, then you can exercise your right of termination as set out in these Terms and Conditions or simply discontinue using the Website or Services at any time.
Each provision of these Terms and Conditions shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
Except as expressly provided otherwise hereunder, these Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.
These Terms and Conditions shall be governed by the laws of England and Wales (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.
You may contact us by email at firstname.lastname@example.org. Only correspondence sent to this email address will be responded to by us, at our discretion. Any responses we make may only be made public with our prior express authorisation