Pixelized Terms of Service

1. The basics.

These Terms of Service (“Terms“) apply to the pixabay.com website, related websites, software, mobile apps, plug-ins and other Pixelized-operated services (collectively, the “Service(s)“).

These Terms govern the relationship between Pixelized GmbH (“we“, “our” or “Pixelized“) and any user of the Services (“you“, “your” or “User“), including in certain circumstances, the relationship between Users. By using the Services (including by downloading and using Content from the Services, or contributing Content to the Services):

• you agree that you are entering into these Terms with us which will become a legally binding agreement between you and us; and
• you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations listed in these Terms.

If you don’t agree to these Terms, please don’t use the Services.

Children may not access or use the Services unless their use is directly authorized by their parent, guardian or another authorized adult who agrees to be bound by these Terms. For the purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time, including the right to cancel or change the licenses granted by these Terms. If we do this, we will post the most current version of these Terms on this page. We will seek to provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Services. We may provide you with this notice by direct message on the Services. Any such changes will become effective on the date listed in our notification to you. Your continued use of the Services after such date constitutes your acceptance of the changed or modified Terms.

2. Content.

In these Terms when we refer to “Content” we are referring to the content which is available on the Services. Content includes, but isn’t limited to the following items:

• “Images“, which means photographs, vector graphics, drawings and illustrations.
• “Videos“, which means moving images, animations, film footage and other audio-visual representations and content.
• “Audio“, which means music, sounds, sound effects and other audio representations and content.
• “Other Media“, which means any other media or content which is visual or audio in nature, or a combination of these.

3. Content License granted to you for Content.

Subject to the Prohibited Uses described below (which you agree and acknowledge you are not entitled to engage in), when you download Content from the Services, we grant you an irrevocable, worldwide, exclusive right to download, use, copy, modify or adapt the Content for non-commercial purposes (Content License). This right is confirmed by an invoice, that you receive on your e-mail and pay for Content on Pixelized The rights granted are exclusive, meaning that we may not grant any other users the same rights in the same Content.

You agree and acknowledge that the following items are “Prohibited Uses” and the Content License which we grant to you is conditional on you not engaging in any of the Prohibited Uses.

• You cannot sell or distribute the Content (either in digital or physical form) on a Standalone basis. This includes selling or distributing Content on a Standalone basis as an image, audio, video, NFT or other digital file (including through a stock media platform), as well as a print, wallpaper, poster or on merchandise or on other physical products.
  When we refer to “Standalone” we mean where no creative effort has been applied to the Content and it remains in substantially the same form as it exists on the Services. To help illustrate this, here are some examples:

• using the Content in its original form or using a filter, changing colors, resizing cropping the Content remains Standalone use.
  solely
  or
• using the Content with a of images, videos, audio files, other media, text, illustrations, background features and editing techniques is not Standalone use, so long as the combined effect is to make a “new” creative work.
  combination

• If Content depicts any trademarks, logos or brands (whether two- or three-dimensional), you cannot use that Content for commercial purposes in relation to goods and services, in particular not print that Content on merchandise or other physical products for sale.
• You cannot use Content in any immoral or illegal way, especially Content which features a recognisable person. You cannot use any Content on or in conjunction with anything pornographic, obscene, offensive, illegal, immoral, infringing, defamatory, hateful, threatening or libellous in nature, or in breach of any law, regulation or industry code, or in any way which infringes the rights of any person or entity.
• You cannot use Content in a misleading or deceptive way. You cannot use Content in a way that is misleading or deceptive, including without limit:

• by suggesting that any depicted person, brand, organization or other third party endorses or is affiliated with you or your goods or services, unless permission has been granted; or
• by giving the impression that Content was created by you, or a person other than the intellectual property rights holder of the Content (including without limitation, by claiming or giving the impression that you hold ownership of, or exclusive rights to, the Content).

4. Attribution.

You do not need to credit Pixelized or the contributor Content when you use it, but it is certainly appreciated when you do so – especially when the use is of an editorial nature, where photo credits are more customary. You can provide credit in the following format: “by [Contributor] via Pixelized“.

5. Use of the Service.

You may be required to register with us to access and use certain features of the Service. If you choose to register for the Services, you agree to provide and maintain true, accurate, and current information as prompted by the Services’ registration form. Registration data and other information you provide through the Services is subject to our Privacy Policy.

In using the Services, you acknowledge and agree that:

• Data mining, extraction, scraping and the use of programs or robots for automatic data collection and/or extraction of digital data on the Services and/or the content available therein is strictly prohibited for all purposes, including without limitation for machine learning purposes.
• The technology and software underlying or distributed in connection with the Service is owned by us and our licensors, affiliates and partners. We do not grant any rights in such software to you. You must not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software, unless we grant our express permission in advance.
• Bulk, large-scale or systematic copying of Content is strictly prohibited unless explicit permission has been granted by us.
• The compilation of the Content is copyrighted as a collective work and/or compilation in accordance with copyright laws, international conventions and other intellectual property laws.

1. Termination.

We reserve the right to terminate your access to the Services at any time, for any reason and without giving reasons and to prohibit further use of the Services as we may see fit. Upon termination, your right to use the Services will immediately cease.

Pixelized has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. The Services may not be accessed to any users previously removed from the Services by us.

2. Reporting and takedown policies.

Pixelized respects the rights of creatives. If you believe that your intellectual property rights have been infringed by Content accessible through the Services, please email us at [email protected] and include the following information:

• Identification of the intellectual property right you believe has been infringed.
• Identification of the Content that you believe is infringing your rights, including a URL link to where that Content appears on the Services.
• Your contact information, such as your email address.
• A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law.
• A declaration that the above information is accurate and that you are (or are authorized to act on behalf of) the intellectual property rights owner.

Nothing in this section constitutes legal advice. We suggest you consult an attorney regarding your rights and obligations under applicable laws.

3. Infringement claims.

If you find out – from Pixelized or somewhere else – that there is a claim relating to any Content and Pixelized might be liable, you have to stop using the Content immediately, at your own expense. This applies whether the claim is threatened, potential or actual. You also have to immediately delete or remove the Content from your premises, computer systems and storage (electronic or physical); ensure that your clients, printers or ISPs do likewise; and let Pixelized know as soon as possible by emailing [email protected].

4. Indemnification.

You agree to indemnify, release and hold harmless Pixelized and its affiliates from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting from:

• your violation of the Terms (whether directly or indirectly);
  and
• claims brought by any third parties arising out of your use of the Services.

If a claim is brought by any third party, you must immediately provide us with all information that is necessary for an examination of the claim and deffence. Any further claims for damages by us against you remain unaffected.

5. Dispute resolution and applicable law. https://ec.europa.eu/consumers/odr/.

Pixelized is neither obliged nor willing to participate in an arbitration procedure within the meaning of the VSBG. Pixelized will endeavor to resolve any disagreements amicably. Our email address is [email protected].

The law of the Federal Republic of Germany applies to the contractual relationship between the users and Pixelized. As far as permissible, Berlin is agreed as the place of jurisdiction.

6. Warranty and liability.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE SERVICES, 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.

PIXELIZED DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

ALTHOUGH PIXABAY DOES ITS BEST TO ENSURE THAT UPLOADED CONTENT IS NOT MISUSED OR USED CONTRARY TO THE TERMS, PIXABAY CANNOT BE HELD RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ITS USERS, INCLUDING ANY MISUSE OR ABUSE OF ANY CONTENT YOU UPLOAD.

PIXELIZED SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE SERVICES OR ANY CONTENT.

WHEN PAYING FOR CONTENT, YOU ACCEPT THE TERMS OF SERVICE, CONFIRM AND AGREE, THAT THE CONTENT IS NOT POSSIBLE TO RETURN OR EXCHANGE. AFTER PAYMENT IS CONFIRMED, USER HAS NO RIGHT TO DEMAND REFUND FOR THE CONTENT, HE HAS PAYED FOR.

7. Severability.

If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.