The Pixhill.com Subscription and Content Licence Agreement
This agreement is between Future Image Ltd (Pixhill.com) and the member or client (you or the end user) who establishes a username and password (registers or subscribes) for the right to access, acquire, and use content (stock photography, illustrations, images and other media content) from the www.pixhill.com website. If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and legal authority to do so.
At the registration stage, you are automatically signed up for the Pixhill.com mailing list. Your personal information, such as your email address, will not be given to or used by any person outside this service. You can remove yourself from the mailing list at anytime through the "My Account" menu.
You can use the content through subscription or you can pay for each download separately according to our pricelist.
The Pixhill.com subscription grants a single, named person access to an unlimited amount of downloads for a named Pixhill.com collection. Additional licences under the same subscription can be acquired at additional cost – please see the pricelist or contact our subscription service at info(at)pixhill.com.
Subscription grants the right to use the content in three named countries (does not apply to RF, where the right to use the content is global): the user’s own country, plus two freely selectable additional countries. If more than three countries are required, please contact our subscription service at info(at)pixhill.com.
The copyright and all other rights to the content are held by Pixhill.com or contributing artists. By this contract, the end user is granted the following publication rights, while all other rights are reserved by Pixhill.com.
Pixhill.com offers both Royalty Free (RF) and Exclusive Rights-managed (RM) content.
Royalty Free (RF) content gives you a non-exclusive license to use the content as long and as many times as you want without additional fees. This is also the reason why we cannot show usage history for Royalty Free images. All Royalty Free images are clearly marked with "RF" symbol and in detailed info view.
Exclusive (RM) content usage is more controlled. The content is available with detailed information about the previous usage of the content. RM content can also be used with time-based exclusivity against extra payment.
The below mentioned publication rights apply for both RF and RM licenses, unless otherwise stated.
The end user has the right to publish the content once the content file has been downloaded from Pixhill.com and the corresponding usage report has been filled in correctly.
The first publication must be completed within two months of content download. For Exclusive (RM) content the publication/campaign may consist of separate elements (advertisements, brochures, Web pages, etc.), but it must clearly be one single campaign involving the same subject/customer (does not apply for content with Royalty Free license).
If the end user wishes to use the same RM content after the two-month time limit or for a different campaign/customer, he/she must download the content again and fill in a new usage report (does not apply for content with Royalty Free license).
Unlimited reprints, etc. are allowed from the original layout document, printing films or equivalent.
Content showing people and products without a recognizable product label, brand or design are free for use in advertising. The content can also be used in brochures, catalogues, product packaging, books and posters, magazines and newspapers, on the Internet, in multimedia, on TV and in videos. The size of content published on the Internet must not exceed 800 x 640 pixels, and the resolution must not exceed 72 dpi. If the content is used as a part of a layout, such that the content cannot be separated from the entirety, the maximum size is 1200 x 800 pixels at 72 dpi. Publication of content showing items that are subject to copyright, trademark, brand, design or architecture rights takes place at the end user's own risk and is their responsibility.
To clarify, the content may NOT be used for resale, license or other distribution not mentioned above. This means, without limitation, all templates, whether online or not (website templates, Flash templates, business card templates, etc.), all print-on-demand services, posters, postcards or other items for resale, license or distribution for profit. More information about rights and their restrictions can be found on our FAQ page or from our customer service.
Extended license is available against extra payment for majority of the content. Such content thumbnails are marked with “EL” and the extended license option for the content item is selectable in shopping cart.
The paid extended license allows you to use the content for resale license or other distribution including:
- unlimited run for electronic items for resale as
- e-greeting or similar cards
- web page templates or application development
- Powerpoint, Keynote or equivalent presentation templates
- screensavers or e-mail templates
- or up to 4.000 posters, calendars, mugs or mouse pads,
- or up to 30.000 cards, stationery items, stickers or paper products,
- or up to 1.000 apparel items, t-shirts, toys, games,
- or up to 200 framed artwork items
More information about rights and their restrictions can be found on our FAQ page or from our customer service info(at)pixhill.com.
The placing and size of content in publications are not restricted (with the exception of the Internet), i.e., the content can be freely used on front pages, inside pages or back covers in the desired size.
The content must not be used in a context that would infringe the professional or commercial interests or artistic value of the photographer or models, trademarks or brands illustrated in the content. You may not under any circumstances use content in connection with any pornographic, obscene, immoral, or illegal materials such as, without limitation, political endorsements, pharmaceutical or healthcare promotions, etc. Individual persons may not be cropped off from content showing more than three persons for publishing on their own. The content may be assembled into so-called collages, provided that the above restrictions are observed.
When publishing the content, the source must be mentioned as "Pixhill.com/name of artist". The granted publication rights do not constitute exclusive rights, except in the case of so-called frozen content terms and conditions. The source must always be mentioned in conjunction with all editorial use. For commercial usage, it is also recommended that the source be mentioned.
The end user is not entitled to transfer their rights under this contract to a third party.
Time-based exclusivity (Frozen content)
When time-based exclusivity is acquired, the content item is disabled from Pixhill.com in selected countries for the selected period of time from the moment of downloading. While the time-based exclusivity is active, the content cannot be seen or downloaded by others in those selected countries; thus, new publications for the frozen content are not allowed.
Invoicing and pricing
Pixhill.com will charge the end user as per the price list valid at the time. The end user's rights under this contract are subject to the payments being paid by the due dates.
End user's liabilities
The end user will be responsible for checking the quality of the content and be liable for the full amount of any damages caused by non-contractual use of content to Pixhill.com and the third parties whose rights have been infringed by the non-contractual use.
The end user having Pixhill.com membership is obliged to update the end user’s own downloads in such a way that the downloads for content that have been downloaded by mistake, or have not been published, are deleted from the end user’s download history. The update must be carried out within 60 days of each content download. The download history entries are managed under the "My Account" menu.
Pixhill.com liability and limitation of risk
Pixhill.com ensures that it is entitled to offer the image publication rights subscribed in this contract for the images downloaded from the image bank.
Pixhill.com does not guarantee that the service will be up and running without interruptions, and is not liable for damages caused by errors, interruptions, delays, break-downs, viruses, or other damaging elements, or negligence in data transfer, computers or software. If, however, the aforementioned interruption is caused by Pixhill.com, and lasts for more than twenty-four (24) hours non-stop, Pixhill.com will automatically extend the user's agreement period by the portion that exceeds twenty-four (24) hours. Pixhill.com is also not liable for damages caused by force majeure or corresponding events within the limitations of the service.
Pixhill.com will not be responsible for any such direct or indirect damages suffered by end users or third parties that are caused by the use of content contrary to the terms of this contract or the technical instructions.
In all liability cases, Pixhill.com limits the liability for damages to no more than the price that the user has paid for the service.
Pixhill.com reserves the right to immediately terminate an end user's agreement if the end user breaches the conditions laid out in this contract.
These terms and conditions apply to registered end users. All rights under this contract will expire immediately when the registration expires.
Pixhill.com may freely:
- Track your image downloads
- Put your account under special monitoring if your daily downloads exceeds 10 images
- Monitor possible misuse of your user ID and password
- Terminate your account without notice if we have reason to suspect serious content or user ID and password misuse or other misuse contrary to this contract
The download histories are collected and presented according to the user inputs in the download process. We take this reporting very seriously, but we cannot guarantee the accuracy or the correctness of such download histories.
Pixhill.com cannot guarantee that anybody else is not using the frozen content during the freezing period. All users that downloaded the content before the freezing date are allowed to use the content in the reported original use. However, no new downloads will occur, since the content is disabled in users’ own countries from the moment of content freezing.
Pixhill.com reserves the right to remove and delete any content from its collections. In such cases, the content may still be used for the original use, but no new usages are allowed.
The end user is entitled to give notice to terminate their registration with immediate effect. However, the membership fees already paid will not be refunded. Pixhill.com reserves the right to immediately terminate an end user's agreement if the end user breaches the conditions laid out in this contract.
Any disputes arising from this contract will fall within the jurisdiction of the Helsinki District Court, Finland.