Signup AgreementALAPIX TERMS AND CONDITIONS OF USE
date: 14 January 2014
1. TERMS AND CONDITIONS OF USE
2. Registration and Account
3. Information we collect during registration and why we collect it
4. Use of Watermarked Content (FREE Comp)
8. Limitation of Warranties
9. Intellectual Property
10. Limitation of Liability
12. SOFTWARE AND COMPUTER VIRUSES
13. PROHIBITED USE OF SITE AND CONTENT
14. Governing Law
15. Termination of Use
16. Entire Agreement
17. Revision of Agreement
The User has no right to interfere in the Site security provision or, in any other similar way, to use the Site or other system resources, networks and services accessible through or connected to the Site in a corrupt manner. The User agrees to use the Site entirely within the lawful and intended limits.
All text, information, photos,
illustrations, any graphics, audio, video, and data offered through our Website
are collectively known as our "Content".
2.1 To obtain access to our Content, you have to
apply for a ALAPIX FREE account and you agree to provide complete, true and
accurate information. ALAPIX reserves sole discretion over whether to grant you
an account, and you agree to access the authorized sections of the web site and
your account only by using the account number and password supplied to you by
2.2 You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify ALAPIX of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify ALAPIX of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any ALAPIX account or web site or related services.
2.3 At any time, you may request your account access to be restricted, but ALAPIX reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site`s services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the ALAPIX admin staff, for legal purposes.
2.4 After acquiring a credits package or subscription, you can download Content using various licenses available on our site. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company`s own projects or clients and cannot be transmitted to another party.
2.5 In order to access our
Content, you may be required to provide certain information about yourself (such
as identification, contact details, etc.) as part of the registration process,
or as part of your ability to use the Content. You agree
that any information you provide will always be accurate, correct, and up to
2.6 You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Content. Accordingly, you are responsible for all activities that occur under your account.
- - Your name and email
address ("Personal Information") are collected when you register with us. Upon
registering, you are given the opportunity to purchase credits, subscriptions,
and to create lightboxes, which will allow you to gather images you like and
organize them by category or client. By registering with us, you consent to
the use of your Personal Information as indicated in this policy.
- You may update your Personal Information at any time by going to "My Account".
- In addition to your Personal Information, your credit card information or your email addresses of online payment companies are collected at the time of purchase, which is necessary to complete payment to us. Your credit card information is transmitted through a secure connection, and stored in a secure location. Only authorized personnel have access to your credit card information.
- We collect information about the use of our website. We analyze this data to determine what is of interest to our customers, and thereby improve our service.
- We keep a record of your orders, your lightboxes, and other miscellaneous information. It is not accessible to unauthorized personnel.
3.1 Accessing (or attempting to access) any of our Content by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Content through any automated, unethical or unconventional means.
3.2 Engaging in any activity that disrupts or interferes with our Content, including the servers and/or networks to which our Content are located or connected, is strictly prohibited.
3.3 Attempting to copy, duplicate, reproduce, sell, trade, or resell our Content is strictly prohibited.
3.4 You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
3.5 We may provide various open communication tools on our website, such as comments, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any www.alapix.com employees or representatives.
3.6 We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
3.7 We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of ALAPIX, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Content.
3.8 You agree to indemnify and hold harmless ALAPIX and its parent company and affiliates, and their directors and officers, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
3.9 You agree that you will not share your username
and password combination. Your ALAPIX username and password are to be used only
by you. Each person that desires to access the ALAPIX site must have his/her own
username and password. You may access your account on multiple computers, but
only one computer may be logged in using your account 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 measures to stop
users from sharing their login information.
Content includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Content includes visibly or electronically watermarked and reduced resolution Content (Non-Watermarked or Watermarked Content) or higher resolution non-watermarked Content (Non-Watermarked Content).
Conditional upon your compliance with this Agreement, ALAPIX grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media according to the Terms and Conditions applicable to your use.
You may not use a Watermarked Content in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Content. Except for this limited, internal testing and sample use, ALAPIX grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Content.
1. Buy individual images. Buy images individually at any time without credits or a subscription.
We offer a different ways to buy images:
2. Credit packages. Our site uses credits as currency to pay for downloads. Valid for one year to use at any time, perfect for occasional purchases!
3. Subscriptions. Subscriptions allow you to make a certain number of downloads daily. Download any image or vector. Any size. Satisfaction guaranteed.
6.1 Transactions on the Website, including downloads of Works and the remuneration to an uploading Member in the event his or her Work is downloaded, shall be conducted using Website credits ("Credits”) in accordance with ALAPIX's pricing and payment policies and subject to any amounts that may be owed to ALAPIX with respect to such transactions. In the event you are downloading a Work, the appropriate number of Credits shall be deducted from your Membership Account. You may acquire Credits only by purchase, by using credit or charge cards or online payment accounts. If you Purchase any Credits by using a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize ALAPIX to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes.
6.2 Credit purchases are non-refundable. You may only redeem your Credits in the currency you indicated at the time you registered with the Website to create your Membership Account. Notwithstanding anything to the contrary contained in this Agreement, you may never redeem Credits for cash, and can only use Credits for transactions on the Website.
6.3 Credits purchased on the website are not
subject to return or exchange.
If a file purchased on the website is of inappropriate quality, ALAPIX can, upon verification of defect or deficiency, refund credits to customer accounts.
6.4 CREDITS EXPIRE ONE YEAR AFTER DATE OF PURCHASE.
If they are unused within that time, they
7.1 ALAPIX Account holders may activate an ALAPIX subscription ("Subscription”). You must have Internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method”) to activate a Subscription.
To view the specific details of your membership, including your Subscription status, price, view your account information, which is accessible at http://alapix.com/members.php.
7.2 SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
7.3 ALAPIX periodically offers a number of membership plans, including special promotional plans, subscriptions or memberships with different limitations. ALAPIX reserves the right to modify, terminate or otherwise amend our offered membership plans.
7.4 The number of Subscription Image downloads available to you is determined by the Subscription you purchase. For the purposes of this Agreement, a day is defined as the twenty four (24) hour period beginning at the time you purchase your Subscription. A month is defined as thirty (30) consecutive days beginning on and including the date that you activate your Subscription.
7.5 By starting your
Subscription, you are expressly agreeing that ALAPIX is authorized to charge you
a Subscription fee to the Payment Method you provided during registration.
Please note that prices and charges are subject to change with notice. As used
in these Terms of Service, "billing” shall indicate a charge or debit, as
applicable, against your Payment Method. ALAPIX shall be under no obligation to
refund any Subscription fee under any circumstances. However, in the event that
ALAPIX, in its sole discretion, determines that you are entitled to a refund of
all or part of a Subscription fee, such refund shall only be made to the credit
card or online payment system account originally used by you to purchase your
8. Limitation of
By using our website, you understand and agree that all Content we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Content will meet your needs or requirements.
ii) the use of our Content will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Content will be accurate or reliable, and
iv) any defects in the operation or functionality of any Content we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Content is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from ALAPIX or through any Content we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
10. Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. ALAPIX will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Content, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
ALAPIX PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER ALAPIX NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL ALAPIX`S OR ITS AFFILIATES` LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HERE UNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.
12. SOFTWARE AND COMPUTER VIRUSES
12.1 At times, site failures may happen due to Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Site pages may occur. Similarly, the Site pages may contain malicious code or programs infected with computer viruses.
12.2 ALAPIX is not responsible and bears no
liabilities connected to the work of any software, the presence of any computer
viruses or other elements with malicious code, the presence of destructive or
unsafe files that can be distributed or otherwise affect software and hardware
upon the User’s review of the Site, the access to any information on the Site,
or the downloading of any files from the Site. ALAPIX strongly encourage the use
of anti-virus software or other protective programs during interaction with all
13. PROHIBITED USE OF SITE AND CONTENT
The following uses are prohibited, therefore, you may not:
- Remove, alter or change any copyright information or other notices or metadata associated with the Content;
- Interfere in any manner, whether technological or otherwise with the function of the Site or and services offered by Company.
- Download, copy, or re-transmit any or all of the Site or the Content without, or in violation of, a written license or agreement with Company;
- Use any data mining, robots or similar data and/or image gathering or extraction technology or algorithms to crawl, scrape or monitor the Site or seek information on Site Visitor’s or Company’s customers;
- Manipulate or otherwise display the Site or the Content by using framing or similar navigational technology;
- Circumvent any Site restrictions or measures to limit access to the Site;
- Register or attempt to register for any products or services offered by the Company if you are not authorized by the party to do so;
- Disclose, sell or trade any password to restricted areas of the Site s or allow any third party to have access to your password; and
14. Governing Law
14.1 This website is controlled by ALAPIX. It can be accessed by all countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
14.2 Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
15.1 Any Member may terminate his or her ALAPIX account at any time with or without cause by notifying ALAPIX Support Staff.
15.2 ALAPIX may terminate any
Member account at any time, for any reason or no reason. Member accounts that
are not accessed (logged into) for more than two years may be deemed terminated
at the discretion of ALAPIX.
15.3 You agree that ALAPIX may, at our sole discretion, suspend or terminate your access to all or part of our website and Content with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Content we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
By using the Site, users
hereby acknowledge that they have read this Agreement, understand it, and agree
to be bound by its terms and conditions. Users further agree that this Agreement
is the complete and exclusive statement of the understanding between the user
and ALAPIX. Unless otherwise agreed to in writing in a separate signed
agreement, this Agreement supersedes any proposal or prior agreement, oral or
written, and any other communication between users and ALAPIX relating to the
subject matter of this Agreement.
ALAPIX reserves the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.