Please read these Terms of Use carefully before accessing or using this Web Site (the "Site").

This Site is owned by Dancebeat Limited (Dancebeat) of 46 Wharf Road, Auckland, New Zealand. Dancebeat is a New Zealand owned limited liability company. The name that will appear on your purchase statement(s) will be the Site’s trading name, PIXiPIC.com

Acceptance of terms

By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that PIXiPIC.com ("PIXiPIC") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

This Agreement is set up as a user-determined document where you will choose to enter into either PIXiPIC’s royalty-free content license (the “Standard License”) or an extended license where one or more of the restrictions of the Standard License are amended for your proposed use of the Content (an “Extended License”). If you do not select an Extended License or there is no Extended License option for the Content you have requested, your download of Content will be subject to the Standard License.

PIXiPIC may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of PIXiPIC.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

Intellectual property; limited license to users

All images and other content on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by the New Zealand Copyright Act (1994) and international copyright, trademark, and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein or in the Member Terms of Service, PIXiPIC does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any or the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.

PIXiPIC trademarks

For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by PIXiPIC. 

Nothing contained herein grants or shall be construed to grant you any rights to use any PIXiPIC Trademark, unless expressly conferred by these Terms of Use.

You agree that you will not use PIXiPIC's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or PIXiPIC.

You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of PIXiPIC Trademarks or the Trademark rights claimed by PIXiPIC.

You agree that you will not use any PIXiPIC Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

You may not at any time, adopt or use, without PIXiPIC's prior written consent any word or mark which is similar to or likely to be confused with PIXiPIC's Trademarks.

The look and feel of the PIXiPIC Site, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of PIXiPIC and may not be copied, imitated or used, in whole or in part, without the prior written consent of PIXiPIC.

All other trademarks, product names, and company names or logos used or appearing on the PIXiPIC Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PIXiPIC, unless expressly so stated.

You may not use a PIXiPIC trademark, logo, Image or other proprietary graphic of PIXiPIC to link to the Site without the prior written consent of PIXiPIC.

You may not frame or hotlink to the Site or any Image without the prior written consent of PIXiPIC.

Children

Minors and children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account or purchasing a license to any content on the Site, you warrant that you are 18 years of age or older.

Limitations

You agree that you shall not:

a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of PIXiPIC or any third party.

b. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.

c. Violate the rights of PIXiPIC or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

Use of content

Certain Content (such as photoshoots organised by PIXiPIC as ordered by you) will only be made available to users who pay PIXiPIC a fee for such Content and/or enter into other use agreements for that particular Content.

Unless you register as a member with PIXiPIC you may not download, distribute, display and/or copy any Content.

You may not remove any watermarks or copyright notices contained in the Content.

PIXiPIC reserves the right to revoke this license at any time for any reason.

Restriction and termination of use

PIXiPIC may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in its discretion, without prior notice or liability to you.

Links to third party sites

In the event that pixipic provides links from its Site to any third-party Site or permits any third party to link from its Site to the PIXiPIC Site, you should be aware that PIXiPIC makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their Sites. Such Sites are not under the control of PIXiPIC, and PIXiPIC provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by PIXiPIC.

Warranties and disclaimers

The site, services and materials, are provided by PIXiPIC under these Terms Of Use "as is" without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, noninfringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, PIXiPIC makes no warranty that: (i) the site will meet your requirements; (ii) access to the site will be uninterrupted; (iii) the quality of the site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected.

Personal information and privacy

PIXiPIC will use and protect your data, such as your name and address, in accordance with the Site’s Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless PIXiPIC, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable solicitors' fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms of Use or of any representation or warranty contained herein, your unauthorized use of the PIXiPIC Images, or your violation of any rights of another.

Governing law and jurisdiction

This Agreement is governed by and shall be construed in accordance with the laws of New Zealand. You hereby consent to the personal jurisdiction of the courts located within New Zealand. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within New Zealand and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. In any dispute between PIXiPIC and you, PIXiPIC shall be entitled to recover its reasonable solicitor’s fees, legal expert fees, and other legal expenses from you.

International Users

The Site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that PIXiPIC intends to market, promote, or distribute such Content, including products and services, in your country.

The Site is controlled, operated, and administered by PIXiPIC from its offices within New Zealand. PIXiPIC makes no representation that the Site, or the Content available therein, are appropriate or available for use at other locations outside New Zealand, and access to the Site from countries or territories where the Site or any of its Contents are illegal is prohibited. If you access the Site from a location outside New Zealand, you are responsible for compliance with all local laws.

Purchasing Images

To download an image on PIXiPIC, you are required to purchase a royalty-free license by selecting the size and licensing options your require before clicking “Download” on the detailed information page for the image you wish to purchase. Once you enter your credit card details and your credit card has been charged you will be provided a link from which you can instantly download the image you have purchased.

Refund policy

PIXiPIC shall be under no obligation to issue refunds under any circumstances for its royalty-free images (the Content which is viewable on the Site by the public and Members), unless required by law. In the event that PIXiPIC determines that you are entitled to a refund of all or part of the fees you paid, such refund shall only be made to the credit card account originally used by you to purchase your image. Service fees are non-refundable.

PIXiPIC offers refunds for rights-managed images (Content which is not made available for viewing or direct purchasing on the Site). If an image does not meet your needs and you have not used the image, you can return it for a full refund within seven days.

gET NEW iMAgE UPDATES

PiXiPiC iS A NEW ZEALAND BASED STOCK PHOTOgRAPHY iMAgE LiBRARY AND TALENT AgENCY

We work with local children, youth and adult talent to create unique images that represent New Zealand’s multicultural face and ethnic diversity.

Furthermore we offer to organise bespoke photoshoots for our local and international clients, or arrange for our talent to attend local auditions.

SALES AND SUPPORT

CONTACT US   SUPPORT@PiXiPiC.COM   +643 545 0022 (9AM–5PM NZT)