Terms And Conditions

Herewith:

  • Any person or persons using the ActionPIX Website and any and all service provided by ActionPIX will be known as “User” or “Seller“.
  • Any Photographer using the ActionPIX Website will be known as “Seller”.
  • Any images/materials placed on the ActionPIX Website will be known as “Media“.

The use of the Website www.actionpix.co.za and all services provided by ActionPIX Company is with the User/Seller’s express agreement to the following Terms and Conditions:

a. ActionPIX is an online service provider which allows the User access to information and materials that have been created and posted by Sellers.

b. ActionPIX Sellers direct and instruct ActionPIX, via www.actionpix.co.za, and by the use of ActionPIX’s servers, to store any and all their media which is available for licensing.

c. ActionPIX is not responsible for modifications that occur to the Media as part of its automatic posting process. These modifications could include the ActionPIX watermark. The User/Seller acknowledges that modifications shall take place automatically upon upload and said User/Seller shall be deemed the party and “author” responsible for such automatic modification.

d. ActionPIX will review uploaded Media before making such Media available to the public but that review is deemed to be cursory and only intended to identify immediately obvious violations of these Terms. The Seller uploading any Media shall be deemed the party responsible for that Media residing on ActionPIX’s servers.

e. ActionPIX will, under no circumstance, direct a Seller to upload Media that infringes upon the rights of a third party. If it is determined that a Third Party’s right have been violated by uploading such Media, ActionPIX will consider this to be a direct violation of these Terms and Conditions and the Seller acknowledges their account may be suspended or terminated.

f. Any Seller uploading Media will be considered by ActionPIX to be the sole holder of all exclusive rights to that Media. The exception to this is where the uploaded Media displays an obvious indication that someone else holds exclusive rights.

g. If the uploaded Media does not indicate an exclusive owner by an obvious proprietary marking , ActionPIX cannot be deemed to have actual knowledge that the Media infringes upon any Third Party’s rights.

h. Users/Sellers acknowledge ActionPIX does not derive a direct financial benefit from any particular Media by collecting license fees on behalf of Sellers, and retaining a portion of those license fees. ActionPIX derives financial benefit by the operation of its Website. Sellers market their Media to potential license purchasers. Sellers are the only parties receiving a direct financial benefit.

i. Actions of Sellers who create and upload Media to the ActionPIX Website are not controlled in any way by ActionPIX. The Seller is acknowledged to be the sole responsible party for any Third Party’s infringement of rights and that PiCloud has no control or responsibility for such action.

j. The User/Contributor acknowledges that ActionPIX has no way of identifying an exclusive owner of a Media except by obvious proprietary markings. It is also acknowledged that ActionPIX can only rely on properly presented notifications from Third Parties claiming that their rights have been violated.

 

 

Site Usage Agreement

You agree to be bound by this Agreement the instant you use and/or download/upload images via this website. This Agreement applies to you, and your clients, if you are using it on your client’s behalf.

By using this website (including downloading and uploading of images) listed under the ActionPIX.co domain you agree to be bound by this Agreement.

Should you disagree with anything stated on this page please delete all images that you have downloaded/uploaded and refrain yourself from using this website.

ActionPIX reserves the right to amend this Agreement without prior notice.

 

Use of this site

By using this website you agree that you are 18 years or older.

This website is operated and owned by ActionPIX. All Images and related informational material provided by ActionPIX hereunder including titles and descriptions are owned by ActionPIX and by our image providers (sellers). All images are protected by US and international copyright laws.

ActionPIX reserves the right to deny your approval to view, download/upload and use Images and information displayed on this website at any time, and you agree to immediately refrain from doing so upon notification from ActionPIX.

ActionPIX does not allow the use of crawling techniques for scanning and/or downloading/uploading Images from/to the ActionPIX website. All rights that are not specifically granted under this Agreement are reserved to ActionPIX.

ActionPIX reserves the right to instantly revoke licenses granted to you (including access to this website) without notice if you fail to comply with any part of this Agreement. In this case you agree to instantly delete all Images and refrain from using this website. Your use of this website shall comply with all applicable law.

This website may contain technical or other errors (mistakes) despite our efforts to provide accurate information. Moreover, this website and Images may include culturally and historically important information that may contain subjects that reflect the social circumstances and attitudes of a particular location or time. Your search may display results with content that may seem inappropriate to its content or that could be potentially offensive.

You should not rely solely on the information provided by ActionPIX and its team to determine if any Images require consent of any third party. It is your reponsibility to determine if consent will be required from any third party. If you are not 100% sure if additional third party rights are needed for your intended use, you are responsible to consult with legal counselors or such.

The Seller is entirely responsible for uploaded images because he/she holds all copyright. Please notify us if you suspect that an Image may not comply with the above.

 

Use of Watermarked Media – Using Media for Comping

Media shall be considered, without limitation, to be:

  • all digital images,
  • audio, audiovisual, video works and any related textual information (including captions and credits)
  • all visibly or electronically watermarked Media
  • all reduced resolution Media (Non-Watermarked or Watermarked Media) or
  • higher resolution non-watermarked Media (Non-Watermarked Media).

Providing the User/Seller agrees to and complies with this Agreement PiCloud will grant a limited license to said User/Seller with the following stipulations:

 

  • You (the User/ Seller) may download Watermarked Media solely for evaluating/comping.
  • you may wish to purchase a license to the Non-Watermarked Media according to the Standard Terms and Conditions applicable to your use.
  • You may not use a Watermarked Media in any final materials distributed within your company or distributed outside 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.
  • You may not disassemble, reverse engineer or decompile any Media.
  • You may not use any Watermarked Media to distribute, sublicense or make same available to others for their use.
  • PiCloud grants you no other rights.

 

Registering for a ActionPIX Account

To obtain access and/or to upload any Media on the ActionPIX Website, you are required to have a ActionPIX account. To make application for an account you must agree to provide complete, true and accurate information. ActionPIX reserves the right to grant or deny you access to an account. If an account is granted to you, you will be required to sign an Agreement electronically and agree that you will access the authorized sections of the web site and your account only by using the account number and password supplied to you by ActionPIX. Here is our privacy policy.

You are responsible for maintaining the privacy and confidentiality of your account number and/or password, and you agree to not allow others to use this information to gain access to the ActionPIX Website. You also agree to take reasonable steps to prevent others from obtaining your access information and to notify ActionPIX of:

  • any breech of that information,
  • any unauthorized access,
  • the need to update access for any of your employees or agents, or
  • the need to remove access for any of your employees or agents.

Should any unauthorized access occur, you, the account holder, are liable for payment for all Media downloaded by others using your account, with or without your permission or knowledge, prior to the time that you notify PiCloud of any unauthorized use.

You agree that, when using your ActionPIX account, the ActionPIX website or any PiCloud service, you will not acquire or attempt to acquire any rights of use, ownership, or bailment.

It is your right to ask ActionPIX to restrict access to your account but ActionPIX reserves the right to delay that request until all requirements of this Agreement are met.

Accounts can only be DELETED if they have NO activity related to the ActionPIX’s services or products. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts will be permitted by the ActionPIX Administrative Staff and only for legal purposes.

Users are allowed to download Media using a Royalty Free licence on the ActionPIX website ONLY after it has been paid for. These licenses are only awarded to the account owner (person or employee or organization) for their sole use, and cannot be transferred to a Third Party.

Media on the ActionPIX Website may not be resold or redistributed in any way or means, nor made available for to a Third Party for their redistribution or resale unless the User has received explicit written consent for ActionPIX.

 

Royalty-Free License
Royalty-Free means the initial fee you pay is ALL you pay. You pay once for the Media but you may use it as many times as you like, with the exception of a few restrictions which are listed in the section entitled “Royalty-Free License for Use of Non-Watermarked Media and Restrictions”.

Note: the maximum number of copies for printed materials is 500,000 copies.

The Royalty-Free license is granted ONLY for the non-watermarked Media which you purchase by using the Download button. Any and all other versions which can be seen on the public site are entirely copyrighted. These include small watermarked and non-watermarked thumbnails.

Royalty- Free License of use of Non-Watermarked Media and Restrictions

The high-resolution Media that you download under the regular Royalty Free (RF) license may be used to make fine art prints:

  • on a web site,
  • in a magazine, newspaper, book or booklet,
  • book cover,
  • flyer,
  • application software (apps),
  • any other advertising and promotional material, and
  • either printed or electronic media,

as long as the item in which the Media appears does not contradict any of the restrictions below. If you have any questions or have any uncertainty regarding the use of the Media correctly, please email support using the help form.
Restrictions

Where Media is used in an essential manner on items intended to be sold, it will be considered redistribution and therefore prohibited. For example:

  • Web templates,
  • greeting cards or postcards especially designed for sale,
  • similar print-on-demand services,
  • canvas,
  • t-shirts,
  • mugs,
  • calendars,
  • mouse pads.

 

The use of PiCloud.com Media for the purposes stated in this section under the regular Royalty- Free License is not permitted.

You may not make the Media available on a website for download (as wallpapers for example), although you may use the Media in a concept in as many websites as you want, for any number of clients.

You may not use the Media for Web use at a width exceeding 800 pixels unless it is included in your site’s design. If the Media is part of a design, the Media width can be higher than 800 pixels.

If you use the Media for printed materials, the number of copies must not exceed 500,000. You may modify the Media in any way required for reproduction, or include them in your own personal creations.

Copyright remains the property of the Seller and purchasing the license does not transfer the copyright.

You may not sell, license for use, or distribute the Media for reuse.

 

Unauthorized use

Media may not be used:

  • as a trademark or service mark (unless the appropriate extended license is being used),
  • for any pornographic or unlawful purpose,
  • to defame a person,
  • to violate a person`s right to privacy or publicity,
  • to infringe upon any copyright, trade name, trademark, or service mark of any person/entity.

Unauthorized use of Media on the ActionPIX Website constitutes copyright infringement and shall entitle ActionPIX to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media. The foregoing is not a limiting statement of ActionPIX’s rights or remedies in connection with any unauthorized use.

 

Credit Line Requirements

When used within an editorial context, a Media must be accompanied by a visible credit line such as a copyright notice and author/agency credit next to each image used.

 

Sensitive Subjects

ActionPIX may grant license to a User but does not claim that Media found on the ActionPIX Website will have any compatibility with any other material found elsewhere.

You, the User, are solely responsible for the use of any Media on the ActionPIX Website in combination with any other material.

You, the User, agree not to use Media with sensitive topics without ActionPIX’s separate written and express permission. Such sensitive topics include, but are not limited to:

  • models with mental or physical health issues,
  • social issues,
  • sexual activity,
  • sexual orientation or related,
  • substance abuse,
  • crime or
  • other subjects that can be considered to be offensive or unflattering to any of the models included in the image.

You, the User, agree to contact ActionPIX for additional information prior to any use of a Media containing or relating to any sensitive topic.
ActionPIX will not held responsible for any of the materials uploaded to the site by a Seller.

Every Seller who uploads images/materials to the ActionPIX Website is entirely responsible for what is uploaded and certifies that he/she holds all copyrights for those images/materials and has received a signed model release from any and all person or persons featured in said images/materials.

This includes:

  • all children,
  • deceased persons,
  • natives of another country or language and
  • any case which would require release by a parent or guardian or person authorized to give consent.

 

Model and Property Releases/Clearances

With respect to Media for which you have purchased a license through ActionPIX, the rights that ActionPIX grant to you do not include a license to any person, place, property, or subject matter depicted in a Media, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to Third Parties. ActionPIX makes no representations or warranties that it owns or licenses any rights nor does ActionPIX grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Media. Furthermore, ActionPIX does not guarantee nor warranty the accuracy of any information provided in the Media. The User is solely responsible to obtain the consent of any Third Party and, if applicable, the license of any additional rights for your use of any Media. If you are in doubt as to additional rights are needed or not, the responsibility lies with the User to seek legal advice.

ActionPIX asks Sellers to keep copies of release documents complete with physical signatures of the person/s consenting to the use of downloaded Media.

Sellers agree to supply copies to ActionPIX as proof, if requested, and to maintain copies of each  release for the time that Media is available for download from the ActionPIX Website and in addition maintain those copies for a period of three (3) years after that Media has been removed.

If a Media depicts an individual that implies he/she uses or endorses a product or service, you, the Seller, must indicate that the individual depicted is a model being used only for illustrative purposes only. Under no circumstance will a person or persons(s) be shown in a way to suggest they are endorsing a subject that might be seen as sensitive (see above what is considered “sensitive”).

 

Refund Policy

You, the User, may ask for a refund of your purchase within 30 days from the purchase date and only if you are able to immediately remove all Media used in different designs. It will be at ActionPIX’s discretion whether or not to grant a refund by deciding if the reason given for your request is reasonable.

A refund of all full amount paid will be granted if the downloaded image has technical flaws or if you were able to download an image, providing ActionPIX has made the determination that the particular download was unsuccessful or faulty.

There will be NO REFUND AFTER 7 days of the download date.

 

Purchase and Automatic Renewals

Subscriptions purchased will renew automatically every calendar month. Until cancelled, renewal purchase prices will remain the same as your initial purchase price even if subscription prices are later increased. You may cancel automatic renewals at any time by contacting support or by cancelling the order directly on the Paypal website.

 

Copyright

The User/Seller acknowledges that ActionPIX prohibits the uploading to the ActionPIX.co website of any Media or any images/material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right.

By uploading Media, the User/Seller guarantees and warrants the ownership of all proprietary rights, including copyright to said Media and will provide accurate information at submission date as well as while the file is hosted on ActionPIX’s servers. ActionPIX reserves the right to verify the information provided by the Seller and to take the appropriate measures in case of spam or inaccurate information.
The Seller hereby grants ActionPIX a non-exclusive license to post the Media on the ActionPIX website and to make it available to its audience, affiliates or other representatives, using different media channels. The Seller further grants ActionPIX and its representatives the right to sublicense the Media to their customers in accordance with the  Royalty-Free License Agreement.

The Seller acknowledges that no monetary or financial compensation is owing or required to be paid to him/her by ActionPIX or any of its Directors, Officers, employees, Partners, Agents or members for the rights granted herein by the Seller. While ActionPIX will provide the Seller with certain payments whenever a Media that he/she uploaded is downloaded by another User, it is hereby acknowledged by all parties that ActionPIX may amend such policy now and again as business objectives may change.

Currently, it is ActionPIX’s policy to pay each Seller, upon request via the ActionPIX website, his/her balance on ActionPIX.co, once the balance has reached $100. ActionPIX pays strictly via Paypal.

ActionPIX is entitled to carefully analyze all details and logs of the User/Seller and his/her downloads/sales on the ActionPIX website. If ActionPIX finds anything questionable or suspicious, ActionPIX.co has the right to delay payment as per the request until all details are clarified or to refuse payment.

The Seller agrees that neither ActionPIX.co nor any of its Directors, Officers, Employees, Partners or Agents shall be liable for any damages, direct or indirect, consequential or incidental, arising out of the use of, or the inability to use, the Media. He/she further accepts total responsibility for any challenges or claims made by any Third Party regarding copyrights in the Media.

 

 

Notification of Copyright Infringement

It is ActionPIX’s right to terminate the accounts of Users/Sellers who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on ActionPIX`s site, send ActionPIX a notice containing:

 

  1. a physical signature of the copyright owner or person authorized to act on behalf of the copyright owner;
  2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing;
  • a description of where the material that you claim is infringing is located on the ActionPIX site;
  1. information sufficient to permit ActionPIX to contact you, such as your physical address, telephone number, and email address;
  2. a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and
  3. a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner`s behalf.ActionPIX has designated an address for receipt of notices of alleged copyright infringement appearing on the ActionPIX site: 33 Arena North, Grand National Boulevard, Cape Town, 7441, South Africa

ActionPIX Trademarks

The trademarks, services and logos used and displayed in ActionPIX.co are registered and unregistered trademarks of ActionPIX.co its subsidiaries and affiliates. ActionPIX.co trademarks may only be used publicly with the express and written permission of ActionPIX, Inc.

ActionPIX, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

 

Disclaimers

Indemnification

You, the User/Seller, hereby agrees to indemnify, defend, and hold harmless ActionPIX against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to a breach of this Agreement. Your failure to abide by any restriction regarding the use of any and all Media on the ActionPIX website resulting in any claim by a Third Party related to the use of a Media will be your complete responsibility, financially or legally.
Disclaimers

PICLOUD PROVIDES YOU WITH ITS WEBSITE AND MEDIA ON AN “AS IS” BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, 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 WEBSITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER PICLOUD NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING 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 NON-INFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL PICLOUD’S OR ITS AFFILIATES’ LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.

Sellers Rights & Obligations

Sellers shall receive a percentage (a Revenue Share) from each sale made by ActionPIX on their behalf as described in the paragraphs below.

ActionPIX and its distributors, affiliates and referrals etc. reserve the right to represent the Sellers using different marketing techniques or models (such subscription payment plans, Third Party distributors etc.).

The Seller acknowledges and agrees that each of these varied marketing techniques and models may result in different net sale prices for the same image depending on circumstances.

Revenue Shares are calculated based on net sales after payment of referral fees, as described above. Provided the Seller is in compliance with the terms of this Agreement, ActionPIX will not seek repayment of any overpayments made to Seller. No Seller shall be entitled to receive payment, nor shall ActionPIX be liable for any such payment, unless and until the total amount of that Contributor’s unpaid earnings exceeds One Hundred U.S. Dollars (US$100.00).

Sellers are not allowed to download their portfolio (partly or completely) in order to take advantage of any available discounts and bonuses provided by ActionPIX.co.

Sellers who have lost their own Media during a hardware failure are asked to contact Support in order to receive a copy of their own files.

ActionPIX Sellers are all non-exclusive: A Non-exclusive Seller is an artist who uploads to the ActionPIX website any Media that is also available for sale with other stock agencies or other channels. Non-exclusive Contributors shall receive 50% of the net sale price of any Media they uploaded to ActionPIX as a Seller and which ActionPIX sold for them.