Terms and Conditions

Acceptance of Terms

Your use of BuySurfPix.com and all pages within ("BuySurfPix.com") consitutes your acceptance of the Terms of Use as described below ("Terms"). By continuing to use BuySurfPix.com, you are agreeing to be bound by these terms. If you disagree, please do not use BuySurfPix.com.

Questions? Contact us at support@buysurfpix.com.

Description Of Service

BuySurfPix.com is an online community which enables photographers to post photographs and images, promote their work, and access and/or purchase services from time to time made available on BuySurfPix.com (“Services”). Services include, but are not limited to, any service and/or content BuySurfPix.com makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, messages, information, data, graphics, photographs, images, illustrations, videos and software.

Your access to and use of BuySurfPix.com may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of BuySurfPix.com or any other reason within or outside the control of BuySurfPix.com. BuySurfPix.com reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. BuySurfPix.com may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.

Registration

As a condition to using Services, you may be required to open an account with BuySurfPix.com and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your BuySurfPix.com account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your BuySurfPix.com account.

Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.

User Conduct

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not BuySurfPix.com, are entirely responsible for all Content that you post, or otherwise submit to the Site. BuySurfPix.com does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by BuySurfPix.com. By way of example, and not as a limitation, you agree not to use the Services:

• To abuse, harass, threaten, impersonate or intimidate any person;
• To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
• For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services; To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BuySurfPix.com user;
• To create or transmit unwanted ‘spam’ to any person or any URL
• To post copyrighted Content which doesn’t belong to you;
• With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
  • (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • or (iii) bypass any measures we may use to prevent or restrict access to the Site;
• To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• To promote or sell Content of another person
• To sell or otherwise transfer your profile.

To report a suspected abuse of the Site or a breach of the Terms please write to BuySurfPix.com at email: support@buysurfpix.com.

Content Submitted To BuySurfPix.com

Please read this section carefully before posting, uploading, or otherwise submitting any Content to BuySurfPix.com. By submitting content to the site you are granting BuySurfPix.com a worldwide, Non exclusive license to use the content and are representing and warranting to BuySurfPix.com that the content is owned or duly licensed by you, and that BuySurfPix.com is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.

You acknowledge that:

• By uploading your photographic or graphic works to BuySurfPix.com you retain full rights to those works that you had prior to uploading.
• By posting Content to BuySurfPix.com you hereby grant to BuySurfPix.com a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site;
• The license granted to BuySurfPix.com includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to BuySurfPix.com by you;
• BuySurfPix.com uses software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, BuySurfPix.com makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. BuySurfPix.com does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize BuySurfPix.com to permit users and visitors to the Site to make such low resolution copies of your Content; and
• Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

You represent and warrant that:

• You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
• You have the full and complete right to enter into this agreement and to grant to BuySurfPix.com the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by BuySurfPix.com of the Content as contemplated herein; and
• The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
• You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against BuySurfPix.com, all of which such rights are hereby expressly and irrevocably waived by you in favour of BuySurfPix.com.

Selling on BuySurfPix.com

If you choose to register to sell photos on BuySurfPix.com (the “Store”) the following terms and conditions apply in addition to the general Terms. Throughout these Terms, a reference to the ‘purchase’ or ‘sale’(or similar words) of Store Images (as defined below) means the purchase or sale of a Customer License (as defined below) to use a Store Image.

The Store is a Service provided by BuySurfPix.com that allows users to post photos and images for sale to the public. Photos and images are sold by BuySurfPix.com pursuant to the license granted to BuySurfPix.com below.

BuySurfPix.com will use your Store Images for the purpose licensing your Store Images to customers of the Store (“Customers”) in such formats as we may, from time to time make available to Customers, including without limiting the generality of the foregoing, via electronic download. In connection with the foregoing, in addition to the licenses you grant to BuySurfPix.com elsewhere in these Terms, you grant to BuySurfPix.com a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, publish, copy, publicly perform, publicly display, reformat, and distribute copies of your Store Images (the “Store License”).

The Store License includes the right for BuySurfPix.com to use screen resolution images and thumbnails of your Store Images for display and promotional purposes on the BuySurfPix.com Site, the Store, third party sites, and in connection with internet search results, and embeddable codes.

Your Store Images will be licensed to Customers by BuySurfPix.com in accordance with the BuySurfPix.com License in effect at the time the Customer purchases your Store Image. The License information is available at: https://buysurfpix.com/legal/licenses/.

At any time you can remove your Store Images from the Store automatically using the Store settings. In addition, BuySurfPix.com may remove any Store Images that it believes to be in breach of the Terms. In all cases copies of your Store Images posted on any third party sites and used for promotional purposes shall be removed within a reasonable period of time following your removal request, however submitted. Except as otherwise provided for herein, the Store License will exist for the period during which a Store Image is posted on the Store and will automatically terminate upon the removal of the Store Image from the Store. Notwithstanding the foregoing, the Store License will continue in respect of any Store Images which were purchased by Customers prior to their removal of the Store until fulfillment of such purchase requests. Purchased Store Images removed from the Store will remain available for download to users that have already purchased said images.

You will be paid fees (“Fees”) for the sale of Store Images in accordance with the BuySurfPix.com fee schedule in effect at the time a Customer purchases a Store Image. BuySurfPix.com reserves the right to change the fee schedule from time to time and at any time at its sole discretion. We will notify you of changes to the fee schedule by posting an announcement on the Site. You shall be responsible for reviewing any such changes. Your continued use of the Store, including the continued posting of your Store Images in the Store after a change in fees will signify your acceptance of the revised fee schedule. The fee schedule is available at: https://buysurfpix.com/legal/fees/.

In addition to the foregoing, the following terms and conditions shall apply to payment of Fees to you for your Store Images sold through the Store:

• The purchase and sale of your Store Images will be deemed to be complete 45 days after payment is received by BuySurfPix.com from the Customer.
• Fees shall not be paid in respect of any Store Image that is returned by the Customer for exchange or refund.
• Payment will be processed via PayPal as indicated in your BuySurfPix.com account or by cheque mailed to an address designated by you in your BuySurfPix.com account. If you choose payment by cheque BuySurfPix.com will deduct a processing fee of $10 USD from the amount owing to you.
• BuySurfPix.com may deduct or withhold from any amount owing to you any withholding taxes, or other levies as required by applicable law. [The BuySurfPix.com sales report will include all such deductions and withholdings.] You are otherwise responsible for paying all taxes, etc. payable in respect of the Fees paid to you.
• BuySurfPix.com shall not be obligated to pay any Fees in respect of Store Images that are used in the Store, the Site, third party sites, or in other locations for promotional purposes.

Payment will be processed within the first 14 days of the end of the end of the month. A minimum payout amount of $20 is required to process payments. Accounts with payments due that do not meet the minimum payout will be kept in the BuySurfPix.com account until such time that the minimum payout amount is met, at which time payment will be sent at the next scheduled payment processing date (within the first 14 days of the month following the month in which the minimum payout amount is reached).

You may terminate your Store account at any time in your sole discretion. BuySurfPix.com may terminate your store account at any time for any reason or no reason.

Copyright Complaints

BuySurfPix.com respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. BuySurfPix.com will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify BuySurfPix.com of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of support@buysurfpix.com and include in your notice a detailed description of the alleged Infringement sufficient to enable BuySurfPix.com to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide BuySurfPix.com with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at support@buysurfpix.com. You must include in your counter notice sufficient information to enable BuySurfPix.com to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorney fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BuySurfPix.com has no control over such sites and resources, you acknowledge and agree that BuySurfPix.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BuySurfPix.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge BuySurfPix.com, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless BuySurfPix.com, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or BuySurfPix.com login and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.

Limitation Of Liability

In no event shall BuySurfPix.com be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100.

Termination

BuySurfPix.com may terminate or suspend any and all Services and/or your BuySurfPix.com account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your BuySurfPix.com account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account BuySurfPix.com will automatically remove all Content posted to your account.

Changes to Terms and Conditions

BuySurfPix.com reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, BuySurfPix.com will notify you by posting an announcement on the site. What constitutes a material change will be determined at BuySurfPix.com sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind BuySurfPix.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. BuySurfPix.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BuySurfPix.com's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. BuySurfPix.com may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Ontario, as if made within Ontario between two residents thereof, and the parties submit to the exclusive jurisdiction of Ontario courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.