Content license agreement


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CONTENT LICENSE AGREEMENT

Last Updated: August 31, 2023

This license agreement outlines how you can utilize the Pxlens Content, which includes photos, illustrations, vectors, video clips, etc., that you license from Pxlens. By downloading content from pxlens, you accept the terms of this agreement. This agreement further clearly outlines the provisions regarding the unauthorized use of pxlensโ€™ content.

What types of licenses does Pxlens offer?

Welcome to the Pxlens Content Licensing Agreement. Our licensing options are designed to give you the flexibility you need. By purchasing and downloading an image from Pxlens, you will be instantly granted the exclusive โ€œUse Anywhereโ€ license. This exceptional license gives you the freedom to use the image in countless creative ways without any restrictions. If you choose not to purchase an image with the โ€œUse Anywhereโ€ license, your use of the content will be subject to the โ€œNo License Termsโ€™โ€™. See below for details.

Intellectual property; restricted user licenses

  1. In order to access and use the Content of the Site, it is imperative that you adhere to these Terms of Use, any pertinent licensing agreement with Pxlens, as well as all applicable legal obligations. Pxlens is the exclusive owner of all rights, title, and interest in the site. Any rights not specifically granted in this license agreement are reserved by Pxlens. Pxlens may, at its sole discretion, change, replace, or discontinue the Site or any part of it at any time, for any reason, with or without prior notice. The Site is made accessible by Pxlens on an โ€œas isโ€ and โ€œas availableโ€ basis.
  2. Copyright, trademark, and other intellectual property laws and treaties protect all the content on this site, including but not limited to images, photographs, videos, and associated metadata (collectively, the โ€œPxlens Contentโ€), as well as the choice and arrangement of the Pxlens Content. Such laws as well as this content license are broken by any illegal use of any pxlensโ€™ content. 
  3. Pxlens does not offer any express or implied authorization for you to use the Site or any Pxlens Content, unless specifically stated below or in a separate licensing agreement between you and Pxlens. You consent to not using the Site or any Pxlens Content in any way, including copying, republishing, framing, linking, downloading, transmitting, altering, adapting, creating derivative works based on, renting, leasing, lending, selling, assigning, distributing, performing, or displaying it. Furthermore, you consent to refrain from using any data mining, robots, or other similar image and/or data extraction and collection techniques in connection with the Site or Pxlens Content.
  4. You may not download, distribute, display, or copy any Pxlens Content unless you have a โ€œUse Anywhereโ€ license agreement in place with Pxlens, which shows that you have purchased the required amount of the material.
  5. You are not allowed to remove any watermarks or copyright notices found in the Pxlens Content.

Pxlens Trademarks

Pxlensโ€™ trademarks include common law or registered trademarks, logos, service marks, trade names, and internet domain names. These Terms of Use do not grant rights to use Pxlensโ€™ trademarks unless explicitly conferred. Users must not use Pxlensโ€™ trademarks in a manner that could tarnish or reflect negatively on them. Users must not contest or challenge the validity of Pxlensโ€™ trademarks or use them as domain names or meta tags.

You are strictly prohibited from adopting or using any word or symbol that resembles or could be mistaken for Pxlensโ€™ trademarks without obtaining Pxlensโ€™ prior written permission.

No-License Content in Context with Pxlens

The term โ€œNo License Contentโ€ encompasses various digital assets, such as images, graphics, photographs, illustrations, and other creative works. These assets are made available on websites, platforms, or services for viewing, accessing, or purchasing. However, they do not provide the user with a legitimate and legally authorized license to use, reproduce, distribute, or display the content without purchasing them. 

On this website, โ€œNo-License Contentโ€ refers to content or images that can be previewed, viewed, or purchased without giving the user permission to download, use, or employ the content for personal or commercial purposes. If you choose to get paid content in an unethical manner, it means that you do not possess a license to use this material. This lack of license is what we refer to as โ€œno license.โ€

  1. Unauthorized Use: You are strictly prohibited from downloading, reproducing, distributing, displaying, or otherwise using โ€œNo Licenseโ€ Content without obtaining a proper and allowed license from the content owner. Using content from Pxlens without a proper license, unless it is explicitly stated as free, is a direct violation of the ownerโ€™s exclusive rights protected by copyright law.
  2. Copyright Infringement: Engaging in activities that involve downloading, sharing, or using โ€œNo Licenseโ€ Content in a way not explicitly permitted by the content owner may cause potential copyright infringement claims. When someone violates the exclusive rights of a content owner, it can lead to copyright infringement, which can have serious legal consequences such as claims for damages and injunctive relief.
  3. Legal Recourse: The content owner keeps the right to take legal action against individuals who engage in the unauthorized use of โ€œNo Licenseโ€ content. Such actions may include seeking remedies, such as monetary damages, injunctive relief, and the recovery of legal fees.
  4. Website Monitoring and Enforcement: The website reserves the right to monitor user activities and interactions with โ€œNo Licenseโ€ content. In order to enforce compliance with the terms of content usage, appropriate actions, including legal action, may be taken if it is discovered that any attempts to manipulate, download, or use paid content without the required authorization have been made.
  5. Liability and Responsibility: Users engaging in the unauthorized use of โ€œNo Licenseโ€ Content assume full responsibility for their actions and any legal consequences arising from copyright infringement. The website and its owners shall not be held liable for any damages, losses, or expenses incurred by users because of their misuse of paid content.

Any disputes or legal matters that arise from or are connected to this agreement will be specifically handled in the jurisdiction of the Kanpur Nagar District Court in India. If we deem any portion of this agreement unenforceable, that particular provision will be treated as independent of the remainder of the agreement, ensuring that the remaining terms maintain their validity and effectiveness.

It is imperative for users to fully understand the implications of โ€œno licenseโ€ content and to respect the content ownerโ€™s rights and usage terms. Engaging in lawful and ethical behavior regarding โ€œNo Licenseโ€ Content is essential to avoid legal conflicts and uphold copyright principles.

Content License Agreement

The content license agreement clearly defines the rights and obligations held by both parties (you and Pxlens) regarding content usage. By accepting the terms of this agreement, you commit to using the content in a manner that benefits and assists all involved parties.

  • a. By accessing and using images from this website, users acknowledge and agree to the terms of this content license agreement.
  • b. Users are strictly prohibited from using any images obtained from this website without proper authorization or payment, unless they fall under the freebies category.
  • c. Any unauthorized use, reproduction, distribution, or display of the images makes up copyright infringement and may cause legal action.
  • d. Users agree not to bypass or manipulate any security measures implemented on the website to gain access to paid images without payment.

2. Digital Rights Management (DRM) and Watermarking

  • a. To maintain the integrity and value of the images, the website employs digital rights management techniques and/or watermarking.
  • b. Users are explicitly prohibited from removing, altering, or tampering with any DRM or watermarking applied to the images.

3. Limitation of Liability

  • a. The website and its owners shall not be held liable for any direct, indirect, consequential, or incidental damages, losses, or expenses incurred as a result of unauthorized use or copyright infringement by users.
  • b. Users are solely responsible for any legal consequences arising from their misuse of the images.

4. Enforcement and Remedies

  • a. The website reserves the right to monitor and track user activities to detect and prevent unauthorized use or copyright infringement.
  • b. In the event of a violation, the website may take appropriate legal action and seek remedies, including, but not limited to, injunctive relief, statutory damages, and recovery of legal fees.
  • c. Any breach of this content license agreement may lead to the suspension or termination of user access to the website.

5. Governing Law and Jurisdiction

  • a. The laws of the State of Uttar Pradesh, India, will govern and interpret this content license agreement, disregarding any conflicts of law principles.
  • b. Any disputes arising out of or related to this agreement shall be subject to the exclusive jurisdiction of the Kanpur Nagar District Court of India.

6. Severability

  • a. If any provision of this agreement is found to be invalid or unenforceable, such provision shall be deemed severed from the agreement, and the remainder of the agreement shall remain in full force and effect.

By accessing and utilizing the Content, including but not limited to images and videos, on this website, users confirm their comprehension and acceptance of the terms and conditions stated in this content license agreement.

How can I use the content Iโ€™ve licensed?

You can use the Content in almost any way you want, as long as itโ€™s not one of the restricted uses listed below (see Restricted Uses). Hereโ€™s what you can do with the Content under the terms of this agreement:

  • Perpetual: You may use the Content forever. Your rights to use the Content youโ€™ve downloaded do not expire.
  • Not just for you: Others may use the same content. You donโ€™t have exclusive rights to use it. The company that provides the content may allow others to use it.
  • Anywhere in the world: You can use the content anywhere in the world, no matter where you are.
  • No limits: You can use the content in as many projects as you like. Thereโ€™s no limit to the number of times you can use it or the types of projects you can use it in.

In this agreement, the word โ€œuseโ€ means doing things like copying, modifying, performing, displaying or publishing the Content.

Licensed content can be used in a variety of ways, from websites and blog posts to social media and advertising. You can also use it in a variety of contexts, including marketing campaigns, corporate presentations, newspapers, magazines, books, film and television productions, web and mobile applications, and product packaging.

Make sure to read the Restricted Uses section below for any exceptions.

Restricted Uses

  1. No Unlawful Use. You are restricted from utilizing any content in a pornographic, defamatory, or otherwise illegal manner. This includes promoting violence or hatred, as well as violating any relevant regulations or industry codes.
  2. The content cannot be used in products intended for resale or distribution, such as physical merchandise or templates for sale, unless you make changes to the original content. You may not use content for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses or merchandising purpose.
  3. โ€œHereโ€™s the content I want to share with you.โ€ You can not use the content in any manner that enables others to download, extract, or distribute the content as an isolated file, independent of the project or intended purpose.
  4. No Use in Trademark or Logo. We have the exclusive right to grant the same license for the image to other parties. Therefore, it is not permitted to utilize the content (either entirely or partially) as the distinguishing characteristic of a trademark, design mark, trade name, business name, service mark, or logo. Furthermore, you are prohibited from registering such content (either wholly or partially) as a trademark in any jurisdiction, and you cannot depend on any registered trademarks, prior usage, or accumulated reputation to hinder any third party from using the content or similar content (including us, our customers, or the copyright holder of said content).
  5. No use of a disclaimer. To ensure proper comprehension and respectful treatment of sensitive topics, you should always include a disclaimer. When using content that includes models or property in relation to a subject that may be considered unflattering or overly controversial to a reasonable individual (such as sexually transmitted diseases), it is essential to explicitly mention the following: (1) The content is solely being used for illustrative purposes, and (2) any individual depicted in the content is a model. You may state, for instance, โ€œThe people in the content are models, not real individuals.โ€
  6. No False Representation of Authorship. You must ensure that you do not falsely claim to be the original creator of an end product that mostly consists of licensed content, unless you edit the original content.
  7. No Use for Impersonation or Deception: You cannot use the content to impersonate or deceive others, including creating fake profiles, accounts, or misleading visual content.
  8. In addition, you cannot use the content in a way that associates it with political or controversial topics without explicit authorization.

In conclusion, you cannot use the content in any way that defames, misrepresents, or harms the reputation of individuals, entities, or groups.

Who else can use the Licensed Content besides me?

The rights granted to you to use the Licensed Content are personal to you and may not be transferred or used by anyone else. This means that you may not share or allow anyone else to use the Content in the same way that you can. You may not transfer these rights to anyone else or allow anyone else to use the Content. The permission you have is only for you, and you canโ€™t give it away or allow others to do the same things with the Content that you can.

User Accounts

As the responsible party, it is your duty to carefully monitor all activities related to your account. To ensure maximum security, you agree to carefully safeguard passwords and usernames. It is also your responsibility to notify Pxlens immediately of any unauthorized access or breach of security. Finally, you agree to accept full responsibility for all activities that occur under your account. Pxlens reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Pxlens concludes that you have infringed this Agreement or any other provisions in it, your account might experience a temporary suspension, and further legal measures could be pursued.

Do I have to give credit for the Use Anywhere license?

For commercial use, you donโ€™t have to give credit. In case you are utilizing the content for editorial purposes such as blog posts or websites, it is essential to include a credit for โ€œwww.pxlens.comโ€œ either adjacent to the content or in the production credits.

And for videos, yes, if itโ€™s possible, include this credit in your videos: “www.pxlens.com.โ€ Ultimately, the choice is yours.

When you give credit, you

Recognize the creators: By giving credit to those whose work we use, we show genuine admiration for their achievements and the dedication they have poured into their creations. Itโ€™s a way of acknowledging their contribution.

Transparency: Giving credit ensures that your audience knows where the content came from. It helps avoid confusion and misrepresentation by allowing people to distinguish between the original creators and the users of the content.

Ethical Practice: Giving credit is an ethical practice. It shows that you value creatorsโ€™ rights and intellectual property. Itโ€™s a way of saying โ€œthank youโ€ for allowing you to use their work.

Refunds for file downloads

At Pxlens, we believe in the value and quality of our downloaded files. We strive to provide you with the best experience and ensure that our files meet your expectations. Therefore, please note that we do not offer refunds or re-credits for downloaded files. Thank you for your understanding. Pxlens has the exclusive right to consider file returns for technical issues with the file. For more information, please read our refund policy.

Removal of Content

Pxlens may at any time, in its sole discretion, stop licensing any content. In the event that Pxlens alerts you, or you discover any content that could potentially infringe upon the rights of a third party and subsequently result in liability for Pxlens, we retain the right to request that you promptly and effectively rectify the situation at your own cost. This includes stopping use of the content, deleting or destroying any copies, and ensuring that your customers, distributors, and/or employers do the same. Pxlens will generously, in its reasonable commercial judgment, offer your replacement content completely free of charge, provided that you comply with the other terms of this agreement.

Caption and Metadata Information 

Although we have made diligent attempts to accurately categorize, keyword, caption, and title the content, Pxlens cannot guarantee the accuracy of this information or any metadata associated with the content.

Indemnification/Limitation of Liability

You are responsible for indemnifying Pxlens. By accepting this agreement, you confirm that you will fully protect and safeguard Pxlens and its content providers. It means you not only acknowledge but also fully embrace the responsibility for any damages, liabilities, and expenses that may arise from the violation or alleged violation of the terms and conditions outlined in this document. You are obligated to cover any instances where the breach is attributed to yourself or any person acting on your behalf. This obligation also includes the responsibility of covering reasonable court costs and attorneysโ€™ fees.

All the content that you have the authorization to use belongs solely to Pxlens or the visionary creators who have provided it. The ownership of this content is exclusive. Unquestionably, Pxlens and the original content creators reserve any rights that arenโ€™t explicitly granted in this agreement.

We appreciate your understanding.

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