Terms of use, pixgallery.com
When using the Pix Gallery website and digital archive, you agree automatically to our terms of use. We follow laws and regulations, including the Swedish Personal Data Act (PUL) to protect your integrity. Photos and other content on Pix Gallery website is protected by Swedish and international copyright. These terms are an agreement between Pix Gallery Agency (www.pixgallery.com) and you as a User/Customer/Buyer of Pix Gallery pictures and website.
1. General
Pix Gallery Agency terms applies when the customer has access to pictures from Pix Gallery. The customer can access images from Pixgallery by downloading from our digital archives to their own computer or by delivery of pictures after ordering via e-mail, ftp, CD-ROM or other electronic / magnetic media. When using our digital archives you approve automatically Pix Gallery terms. As a registered user of Pix Gallery website customer receives login credentials. Customer is responsible that the user name and password are not misused and kept safe. Customer is liable for damages if the username and password is used by someone who is not authorised. Those acting on behalf of a company, organization or authority ensures that he has the right to bind this agreement.
2. Copyright
Pix Gallery photos are protected by copyright law. Copyright of the image is not released to the Customer. The customer receives a limited usage right bound to Pix Gallery License Agreement.
3. Sketch images
Sketch Images downloaded free from Pix Gallery may be used only for internal use in the preliminary layouts and sketch works. Sketch Image may be shown for internal approval or evaluation by the end-customer. Upon completion of layout and sketch production, all digital copies should be erased. Ownership and copyright of the featured images downloaded from Pix Gallery digital archive remains Pix gallery / photographer and property.
4. Byline
At the publication of the image, source should always be listed in byline: photographer / pixgallery.com. In case of no byline customer is charged double image price.
5. Warranty
Pix Gallery Agency ensures that purchased images are free from technical errors and is at expected quality for at least ninety (90) days from the date of delivery. Pix Gallery's total liability and Customer's sole remedy from Pix Gallery under this limited warranty is limited to replacement of the defective image or a refund of the license fee. The above warranty is the only guarantee Pix Gallery Agency makes.
6. Violation
Photos may not be used in contexts that could be construed as offensive or otherwise contrary to Swedish law. For pictures published in contexts such as politics, crime, advocacy, sex, alcohol / tobacco etc. where person in the picture may be related to the content, the Customer is responsible obtaining proper authorization.
7. People on the picture
Customer is responsible for the publication of the image as a responsible publisher. According to the law regarding the name and image in advertising (1978:800) identifiable persons on the photo must give their permission before it is published in the advertising context. Anyone who publishes the image is responsible for obtaining the proper authorization. Pix Gallery Agency will not be held liable in the event Customer is using the image in advertising without identifiable persons permission.
8. Other author's works and trademarks
For images that contains other author's works or trademarks, the customer is responsible for any financial demands on him. Permits can be downloaded from eg. BUS (Image Copyrights Sweden) www.bus.se
9. Limitation of Liability
Pix Gallery Agency liability is limited to deliver the right image at the right price. Pix Gallery Agency is not in any case responsible for Customer's use of images, which causes damage or economic loss. This includes any claims from third parties.
10. Payment Terms in billing
Payment terms 15 days net. After the due date customer will be charged default interest rate under the Interest Act, plus statutory costs. Reminder fee will be charged. Remarks on the invoice shall be made within 8 days to be taken into account.
11. Fine
If the Customer is violating these terms, and after Pix Gallery raised objections against this without customer making the correction, a fine amount for each time of two (2) base-amounts under the swedish law (1962:381) on general insurance should be paid out.
12. Applicable law and disputes
Disputes regarding the interpretation and / or application of this Agreement shall be settled in Swedish courts under Swedish law, with the Gothenburg District Court as first instance unless the jurisdiction would not exist, under Section 17.
13. Changes and additions
Pix Gallery Agency reserves the right to make changes and additions to these Terms without notice.
14. Questions
If you are the least uncertain or have any questions about the rules, costs, etc. under these terms, please do not hesitate to contact us by telephone +46-31-711 62 00 or via email info ( at ) pixgallery.com.
License copyrighted photos
1. License scope
Bought image may be used only to the extent indicated on the invoice/receipt from Pix Gallery Agency. Any use beyond that requires written permission from Pix Gallery Agency. Customer may not transfer the right of the image to any other parties without written consent from Pix Gallery Agency. This license agreement for copyright-protected images are also covered by Pix Gallery Terms and Conditions.
2. Storage of image
Purchased high-resolution images downloaded from Pix Gallery Agency should only be stored digitally to the extent necessary for the customer to be able to produce its product. After completion of production, all the digital copies of the image should be erased unless otherwise agreed. New copies of the picture may not be produced without the permission of Pix Gallery Agency. Any re-publication the picture shall be ordered again from Pix Gallery Agency digital archive.
3. Internet / Intranet
Photos used on the internet / intranet should only be published in low resolution. Control Address is required. Consider that even image hosting on the Internet / Intranet is protected by copyright law.
4. Manipulation of image
Change in image form or content, in addition to normal editing, which in no way alters the image's content, may not be made without the permission of Pix Galley Agency. Responsibility for any claims in respect of such unauthorized use of the image rests entirely on the customer.
5. Prices
Rates are charged at the current price list unless otherwise agreed. All prices are stated in Swedish kronor (SEK) or American dollars (USD) and refers to non-exclusive one-time publication per image. Current price list is valid regardless of whether the image is published in color or black and white. VAT will be added to all prices for customers from Sweden and European Union without a valid VAT-no and any postal freight, CD or scanning fees if applicable.
License royalty free images
1. License scope
Pix Gallery Agency permits the customer accepts the license agreement without exclusivity. If the buyer is a company, organization or authority Pix Gallery royalty-free photos may be accessible in a network for up to ten people. In cases where more than ten persons shall be able to use the images, a new user license is required. This license agreement for royalty-free images are also covered by Pix Gallery Terms and Conditions.
2. Use of the purchased image
Buyers of Pix Gallery royalty free images may is allowed to:
a) use the image as many times as they want.
b) use the image online on the Internet and other electronic distribution system, and in the design of websites.
c) use the image in an unlimited edition of publications, advertisements, packaging.
d) crop and/or alter image contents.
e) use the image for an indefinite period, exception: paragraph 3.f and 4 below.
3. User Restrictions
Buyers of Pix Gallery royalty free images is not allowed to:
a) use the purchased image in offensive context, see Pix Gallery Terms and Conditions paragraph 6.
b) sell or lease the image to third party.
c) use the image for purposes that compete with Pix Gallery Agency.
d) to disseminate the image electronically, eg. business cards and various types of mail greetings
e) to transfer the image in case of bankruptcy
f) use the picture to postcards, posters, etc., where the image appears as a self-selling product.
4. Termination
This License Agreement may be terminated automatically, without notice and refund of the license fee if the buyer fails to comply with the terms of this license agreement. Upon termination Customer may no longer use the royalty-free images acquired from a Pix Gallery Agency, and all images should be deleted from the electronic and / or magnetic media.
5. Prices
Rates are charged at the current price list unless otherwise agreed. All prices are stated in Swedish kronor (SEK) or American dollars (USD). VAT will be added to all prices for customers from Sweden and European Union without a valid VAT-no, as well as any postage, CD, or freight charges. This license is valid only when full payment is received.
License blog images
1. License scope
Pix Gallery Agency permits the blog-owner to use images free of charge exclusively on the blog. The blog should be a personal blog and not affiliated with any company.
2. Byline
Both the name of the photographer (the copyright owner) and Pix Gallery Agency must always be stated when an image is published.
The byline must always be given as follows: "Photo: www.pixgallery.com © Name of photographer. In cases where this is not followed, the user may be charged afterwards.
Wherever possible, the byline must always be directly adjacent to the published image. If this is not possible for some reasons, the photographer’s name must be adjacent to the image and the rest of the byline as close to the image as possible.