Terms & Conditions

Terms and Conditions

 

PixPantry.com is owned and operated by PixPantry. PixPantry offers this website, including all Content and Services available from this site to Users, conditioned upon the User’s acceptance of all terms, conditions, policies and notices stated here.

By visiting and/or downloading any Content from Pixpantry.com User engages in PixPantry’s Service and agrees to be bound by the following Terms and Conditions. The relationship between User and PixPantry - Kulinaria Kiado Kft (Registered address: Hungary, Budapest, 1094 Tűzoltó u. 59., Registration ID: 01-09-730992, VAT ID: 13354330-2-41) hereinafter referred to as “PixPantry” shall be regulated by these contractual Terms and Conditions.

Any new features or tools which are added to PixPantry.com shall also be subject to the Terms and Conditions. User can review the most current version of the Terms and Conditions at any time on this page. PixPantry shall have the right, in its sole and absolute discretion to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to PixPantry.com. It is the User’s responsibility to check this page periodically for changes. Continued use of or access to PixPantry.com following the posting of any changes constitutes acceptance of those changes.

If you do not agree to all the Terms and Conditions of this agreement, then you may not access PixPantry.com or use any of its Services.

The images and all related materials (herinafter referred to as ”Content”) on Pixpantry.com, including without limitation to related text, captions or information are owned by PixPantry and are protected by Hungarian and international copyright laws and other intellectual property rights. Except as explicitly permitted under these Terms and Conditions or the applicable Image License Agreement, no element of Pixpantry.com or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of PixPantry.

User declares that prior to the commencement of use of the Services he became acquainted with, fully understood and accepts these Terms and Conditions, and is aware of the fact that as a consequence of the suspension or change in the provision of the Services may lose access to the Content and Services of PixPantry.com.

User declares that he is fully legally competent, his legal competence to perform legal acts has not been limited to the extent not allowing him to express acceptance of these Terms and Conditions and use of the Services, and all and any personal data he provides during registration or other use of the Services are true, complete, precise and correct. Minors and children are not eligible to use PixPantry.com unsupervised. By using PixPantry.com unsupervised, and/or registering for an account, User warrants that he is 18 years of age or older. User shall not breach the applicable legislation when using the Services under the conditions set in these Terms and Conditions.

 

User’s Rights and Obligations

User shall use the Services of PixPantry.com only for the purposes for which they are specified  The use of PixPantry.com and any Services or Content shall comply with all applicable law. User may only download Content from PixPantry.com only in accordance with these Terms and Conditions and of the applicable Image License Agreement. User agrees not to reproduce, use, duplicate, distribute, display or create derivative works based on any Content or Service that appear on PixPantry.com unless he enters into an Image License Agreement, and he may do so only to the extent expressly permitted under the Terms and Conditions of the applicable Image License Agreement. User acknowledges and agrees that PixPantry retains all ownership rights to the Content. User may not use the Content or the Services of PixPantry.com for any illegal or unauthorized purpose nor may he, in the use of the Service, violate any laws in his jurisdiction (including but not limited to copyright laws).

In addition to other prohibitions as set forth in the Terms and Conditions, Users are prohibited from using PixPantry.com, its Content or its Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any Hungarian, international, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate PixPantry’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

PixPantry reserves the right to terminate User’s use of the Content, the Services or any related website for violating any of the prohibited uses. A breach or violation of any of the Terms and Conditions or the applicable Image Licence Agreement will result in the immediate termination of User’s Services without notice. If a license is terminated, User agrees to immediately stop using PixPantry.com, the Services and the Content and to immediately delete and destroy all Content and all copies downloaded from PixPantry.com.

Unauthorized use of PixPantry Content constitutes infringement of Hungarian and international copyright and other applicable laws and shall entitle PixPantry to exercise all rights and remedies under such copyright and other laws, including monetary damages against all Users and all other beneficiaries of the use of such Content. PixPantry reserves the right to its own jurisdiction to bill unauthorized Users (and unauthorized Users hereby agree to pay) ten times the license fee for any unauthorized use, in addition to any other fees, damages and penalties PixPantry may be entitled to under these Terms and Conditions, any applicable Image License Agreement and applicable laws.

User shall ensure the confidentiality of all identification data and passwords necessary for logging on the User and for access to PixPantry.com, and not disclose these identification data and passwords to any Third Party. If User ascertains any misuse of his identification data and passwords by any Third Party, or believes that his work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on PixPantry.com, please contact immediately PixPantry at info@pixpantry.com.

User agrees to provide current, complete and accurate purchase and account information for all purchases made on PixPantry.com. User agrees to promptly update his account and other information, including his email address and PayPal account information, so that PixPantry can complete User’s transactions and contact User as needed.

User acknowledges that based on these Terms and Conditions he is not authorised to use the PixPantry business name, its trademarks, logos, domain names or any other marks and business features of PixPantry.

 

PixPantry’s Rights and Obligations

PixPantry reserves the right at any time according to its own judgement to refuse Services in relation to all the Users or in relation to some of the Users and to block the User’s account on PixPantry.com. Prices for Content and Services on PixPantry.com are subject to change without notice. PixPantry reserves the right at any time to modify, limit, discontinue or otherwise change the Service (or any part or the Content thereof) without notice at any time. User agrees to immediately discontinue all use of the Content upon notification from PixPantry. PixPantry shall not be liable to User or to any Third Party for any modification, price change, suspension or discontinuance of the Content and/or the Service.

PixPantry reserves the right, but are not obligated, to limit the sales of the Content or Services to any person, geographic region or jurisdiction. PixPantry may exercise this right on a case-by-case basis. PixPantry reserves the right to limit the quantities of any products or services that we offer. All descriptions of Content or Content pricing are subject to change at anytime without notice, at PixPantry’s sole discretion. PixPantry reserves the right to discontinue any Content or Service at any time. Any offer for any Content or Service made on PixPantry.com is void where prohibited.

PixPantry reserves the right to refuse any order a User might place on PixPantry.com. PixPantry may, in its sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that PixPantry makes a change to or cancel an order, PixPantry may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. PixPantry reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

For the protection of PixPantry Content, images on Pixpantry.com are visibly and electronically watermarked. Watermarked Content is only available for internal evaluation purposes. User may use watermarked Content for no longer than thirty days from the date of download, solely to determine whether User intends to obtain a license for the use of the Content under the applicable Image License Agreement. User may not use watermarked Content in any final materials distributed within User’s company or any materials distributed to the public or in any online or other electronic distribution system. PixPantry grants User no other rights, and User may not copy, distribute, publish, display, sublicense, make available, or otherwise use in any way the watermarked Content outside the scope of these Terms and Conditions.

 

Payment and fees

Some Content or Services are offered on PixPantry.com as charged Services (e.g. provision of a licence and sale of pictures). If there is a fee for such Services this fact is stated at the relevant Content, Service or the Service fee is stated for such a Service. The fee for the Service shall be valid the moment of the order for this Service by filling in and sending the order form for such a Service on PixPantry.com.

 

User Comments, feedback and other submissions

If, at PixPantry’s request, User sends certain specific submissions (for example contest entries) or without a request User sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively referred to as „Comments”), User agrees that PixPantry may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Comments. PixPantry is and shall be under no obligation to maintain any Comments in confidence; to pay compensation for any Comments; or to respond to any Comments.

PixPantry may, but have no obligation to, monitor, edit or remove Comments that PixPantry determines in its sole and absolute discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

User agrees that his Comments will not violate any right of any Third Party, including copyright, trademark, privacy, personality or other personal or proprietary right. User further agrees that his Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. User may not use a false e-mail address, pretend to be someone other than himself, or otherwise mislead PixPantry or Third Parties as to the origin of any Comments. User is solely responsible for any Comments he makes and their accuracy. PixPantry takes no responsibility and assumes no liability for any Comments posted by Users or any Third Party.

 

Third Party links

Certain Content and Services available via Services on PixPantry.com may include materials from Third Party.

Third Party links on this site may direct Users to Third Party websites that are not affiliated with PixPantry. PixPantry is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any Third Party materials or websites, or for any other materials, products, or services of Third Parties. PixPantry shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party websites. it’s the User’s responsibility to review carefully the Third Party’s policies and practices and he has to make sure he understands them before engaging in any transaction. Complaints, claims, concerns, or questions regarding Third Party products should be directed to the Third Party.

 

Errors, inaccuracies and omissions

Despite PixPantry’s efforts to provide accurate information, occasionally information appearing on PixPantry.com or in the Services might contain typographical errors, inaccuracies or omissions that may relate to Content descriptions, pricing, promotions, or offers. PixPantry reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

PixPantry undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PixPantry might not be responsible if information made available on PixPantry.com is not accurate, complete or current. The material on PixPantry.com is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

PixPantry.com may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. PixPantry reserves the right to modify the Contents of PixPantry.com at any time, but has no obligation to update any information on PixPantry.com. User agrees that it is his responsibility to monitor changes on PixPantry.com.

PixPantry has made every effort to display as accurately as possible the colors of the Content that appears on PixPantry.com. PixPantry cannot guarantee that User’s computer monitor’s display of any color will be accurate.

 

Privacy Policy

PixPantry’s Privacy Policy applies to use of PixPantry.com and its terms and conditions are made part of this Agreement by reference.

 

Disclaimer of warranties; limitation of liability

PixPantry does not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. PixPantry does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. User agrees that from time to time PixPantry may remove the Services for indefinite periods of time or cancel the Services at any time, without notice.

User expressly agrees that his use of, or inability to use, the Services is at User’s sole risk. The Services and all Content and Services delivered to you through the Services are (except as expressly stated by PixPantry) provided ‘as is’ and ‘as available’ for User’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall PixPantry, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from User’s use of any of the Services or any Content procured using the service, or for any other claim related in any way to User’s use of the Services or any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Services or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

 

Indemnification

User agrees to indemnify, defend and hold harmless PixPantry and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against all claims or demands (including, without limitation, claims and demands by Third Parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (a) User’s breach of any terms, conditions or restrictions of this Agreement or the documents they incorporate by reference; (b) User’s use or modification of any Content, or combination of any Content, with any text or other content; (c) User’s failure to obtain from Third Parties all permissions necessary to use the Content; (d) any act or failure to act by User or any of User’s employees, contractors, employers, agents, clients, principals, or users and (e) any claims arising out of Content User supplies via Comments.

 

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either PixPantry or the User. User may terminate these Terms and Conditions at any time by notifying PixPantry that User no longer wishes to use the Services of PixPantry.com, or when User ceases using PixPantry.com.

If in PixPantry’s sole and absolute judgment User fails, or suspectedly failed, to comply with any term or provision of these Terms and Conditions, PixPantry also may terminate this agreement at any time without notice and User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny User’s access to the Services of PixPantry.com (or any part thereof).

 

Entire Agreement

PixPantry’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by PixPantry on PixPantry.com or in respect to the Services constitutes the entire agreement and understanding between PixPantry and the User and govern User’s use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between PixPantry and the User (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

 

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Hungary. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Hungary. Terms and Conditions on PixPantry.com are executed in Hungarian and in English. In case of contradiction between the Hungarian and the English version of the Terms and Conditions, the Hungarian version shall apply.

 

Changes to Terms and Conditions

User can review the most current version of the Terms and Conditions at any time at this page. This version of the Terms and Conditions shall come into effect on the 1st of January 2014.

PixPantry reserves the right, at its sole and absolute discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to PixPantry.com. It is the User’s responsibility to check this page periodically for changes. User’s continued use of or access to our PixPantry.com or its Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

Contact information

In the event of any questions about these Terms and Conditions, User may contact PixPantry

at the e-mail address: info@pixpantry.com.

 

 

Budapest, the 1st of January 2014