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Seller agreement

PIX4RIDES LICENSING TERMS & CONDITIONS END-USER LICENSE AGREEMENT (EULA) By uploading and/or downloading any image or content from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
 
This agreement is made by and between Pix4Rides and the end user (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website.  Pix4Rides hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under Pix4Rides and  "Materials" from our website will constitute and be defined as any photo, image, design, or layout represented on the Pix4Rides website.  By downloading any Materials from Pix4Rides you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website. 
 
Terms of Use and Conditions as Defined Below:
 
A. Agreement to rights of uploaded materials or content. You agree to the following rules of uploading as follows:
 
Upon upload of any content (photographs, videos, audio or other media) you hereby agree to allow Pix4Rides to use and market your photos or your name on its site or off, and use these contents in any way Pix4Rides desires.
 
You will still maintain the intellectual property of your photos (other than outlined above).
 
You will not upload images or video with watermarks, logos, copyright references, text or other superimposed effects. Such images will not be approved.
 
You agree to accept a 50% commission from all photos sold on Pix4Rides. If a photo is sold for $1, you will receive $0.50.
 
B. User's Rights to Materials from Pix4Rides.  You agree to access, acquire, and use our Materials as follows:
 
This License Agreement and Terms and Conditions constitute a legal Agreement between You and Pix4Rides.
 
Pix4Rides grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
 
You may access, acquire, and use the materials downloaded from Pix4Rides subject to this License Agreement in the following manner:
a.For whatever non-commercial purpose you wish, both digitally and printed
 
You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
 
You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time. 
 
You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
 
C. You understand and agree that Pix4Rides may, in its sole discretion:
Monitor your download activity from Pix4Rides as often as Pix4Rides determines under its sole discretion for any reason and for any violation of this Agreement.
 
Disable any account that engages in what Pix4Rides determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Pix4Rides sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
 
Investigate any abuse of your username and password in connection with the Pix4Rides website or in connection with this Agreement.
Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
 
Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Pix4Rides, without notice.  If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to Pix4Rides Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
 
D. You understand that Materials are copyrighted and owned by Pix4Rides or copyrighted by member photographers and represented by Pix4Rides, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.  
 
E. Pix4Rides and all Materials are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS."  Pix4Rides its employees, directors, and officers and anyone else associated with Pix4Rides makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.  Pix4Rides further makes no representation or warranty that your usage of Pix4Rides will be uninterrupted, error free of computer viruses, or other damaging materials.  When you login to your account, and access Pix4Rides, you do so on your own volition.
 
F. Pix4Rides, its employees, directors, and officers, or anyone else associated with Pix4Rides shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials.  Pix4Rides, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Pix4Rides, and for accessing, acquiring, and/or using Materials from Pix4Rides.
 
G. AGE OF MAJORITY.  You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement.  You further agree that you fully understand the contents, meaning and impact of this agreement.  You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement.  Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity.  You further attest that the information you provide to Pix4Rides is accurate and true, including without limitation all credit card information
 
H. You agree to fully, indemnify, and hold harmless Pix4Rides, its employees, directors, officers, and any other entity associated with Pix4Rides, and each  of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys' fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by you in this Agreement.
 
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement.  Any modifications to this agreement shall be made in writing and agreed to by both parties in writing.  The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
 
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.