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Terms Of Use

Terms of use

 

  1. Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND PIXCAMS governing your use of this site and all PixCams websites, apps, digital services, and social media pages (Facebook, Instagram, Twitter, etc).

Please review the Terms fully before you continue to use the Services. By using the Services, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Services.

PixCams reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly.

Your use and browsing of the Services is at your risk. If you are dissatisfied with any of the materials contained in the Services, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Services.

Third party API Terms of Use: PixCams’s Services may use third party digital services and their APIs to offer you an enhanced user experience and functionality.

  1. Intellectual Property Issues

The Services are owned by PixCams. All of the content featured or displayed on the Services, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by PixCams. Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms of Use.

Pursuant to the copyright and trademark laws of the United States, you agree:

  1. That you may only download Content that PixCams designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
  2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from PixCams, unless such use is pursuant to Educational Use.
  3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
  4. To refrain from framing or mirroring any portion of the Site, and to link to the Services. If there are questions regarding linking our pages, please contact us.
  5. That by posting or submitting any text or other materials to the Services you grant PixCams a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.
  6. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Services should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide PixCams’s designated agent the following information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

By email: info@pixcams.com

THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.

III. Educational Use Content

With respect to Content designated as available for download for educational purposes, librarians, teachers, support staff, administrators, and other staff of educational institutions are authorized to download, print, reproduce, and distribute such Content as may be beneficial for use in educational settings. This authorization extends only as far as is necessary to directly benefit students. Content subject to this Section may not be disseminated beyond the user’s particular educational institution and may under no circumstances be used for commercial purposes.

Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.

  1. Liability

The Services and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Services, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
You acknowledge that due to the immediate nature of this medium, PixCams does not review, censor, approve, edit, or endorse information placed on the Services by its users, and cannot guarantee that inappropriate material will not be posted. PixCams will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.
The Services may provide, or third parties may provide, links to other sites or resources. Because PixCams has no control over such sites and resources, you acknowledge and agree that PixCams 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 PixCams shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods, or services available on or through any such linked site or resource.

Citizen Science

Our citizen-science projects are designed to benefit the entire scientific research community, which in turn benefits the larger public. Therefore, if you participate in any PixCams citizen-science projects, you grant the PixCams and its collaborators permission to use your contributions in any way to further this goal. We ask you to grant us these broad permissions because they allow us to change the legal details by which we keep the data available; this is important because the legal environment can change and we need to be able to respond without obtaining permission from every single contributor.

  1. User Conduct

All users shall use the Services for lawful purposes only. You agree not to post or transmit through the Services any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by PixCams to do so.

All participants are expected to always treat each other with mutual respect. Conduct by any user that, at the discretion of PixCams, restricts or inhibits any other user from using or enjoying the Services will not be permitted. The PixCams reserves the right to delete comments or terminate accounts associated with inappropriate or offensive behaviors.

Examples of prohibited conduct include:

  1. Adding offensive, threatening, abusive, or profane comments, images, sound recordings or videos to any of our sites or data you contribute to any project.
  2. Abusive or threatening language or behaviors in the course of correspondence or interactions with a reviewer or other member of the community.
  3. Falsified documentation to support a record or fabricated sightings.

PixCams reserves the right to refuse access to the Services to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PIXCAMS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to assume full and sole responsibility for any postings you make to the Services.

  1. Indemnification

You agree to indemnify, defend, and hold harmless PixCams; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. PixCams reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with PixCams in asserting any available defenses.

VII. Miscellaneous

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach.

These Terms and any other operating rules or terms currently posted on the Services constitute the entire agreement between PixCams and the users of the Services, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of PixCams may be construed as a waiver of any part of these Terms of Use. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.

 

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