Terms, conditions of use, returns and cancellations policy, licence agreement
This license agreement between you and RunPixie explains how you can use photos you license from RunPixie. By downloading content from RunPixie, you accept the terms of this agreement. By uploading content to RunPixie, you accept that your photos are distributed under this license.
You can license files from RunPixie by buying a photo package (containing photos with a given runner’s bib number).
You are welcome to use watermarked content from the RunPixie site on a complimentary basis use only. Watermarked content cannot be used in any final or publicly available materials and may only be used for the 7 days following download.
How can I use licensed content?
You may use content in any way that is not restricted by this license agreement. Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by RunPixie are:
Perpetual, meaning there is no expiration or end date on your rights to use the content downloaded during your agreement.
Non-exclusive, meaning you do not have exclusive rights to use the content. RunPixie can license the same content to other customers.
Worldwide, meaning content can be used in any geographic territory.
- OWNERSHIP OF OUR WEBSITE.
This Website is owned and operated by Run Pixie, sp. z o. o. All images sold on this website are protected by International copyright law.
- YOUR USE OF OUR PHOTOGRAPHS.
You can purchase the photographs featured on our Website in the form of downloadable images. Photographs are intended for your personal use only (including e.g. posting on social media). For professional purposes, you may not reproduce, display, transmit, distribute or otherwise exploit any of the images or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication, or any display of photographs, without the prior written consent of Run Pixie, sp. z o. o. You may not use or reproduce any product purchased from this website in such a manner as to suggest an affiliation with or endorsement by any product, person, or entity that is not affiliated with you. You also agree not to modify, alter, or otherwise manipulate any product, including without limitation, adding other material to any product without Run Pixie, sp. z o. o. prior written consent. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Website.
- RESTRICTED USES.
No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations or industry codes.
No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
No Use in Trademark or Logo. You may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
No Sensitive Use. You may not use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases).
No False Representation of Authorship. You may not falsely represent that you are the original creator of an end-use made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
No Use in Connection: You may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications, NFTs or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
No Electronic Templates. You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
Limited print run. You may not reproduce the content more than 100 times in physical print form. This restriction does not apply to electronic reproduction.
No Machine Learning, AI, or Biometric Technology Use. Unless expressly authorized by RunPixie you may not use content (including any caption information, keywords, or other metadata associated with the content) for any machine learning and/or artificial intelligence purposes or for any technologies designed for or intended for the identification of natural persons. Additionally, RunPixie does not represent or warrant that consent has been obtained for such uses with respect to model-released content.
NOTWITHSTANDING THE RUNPIXIE.COM CUSTOMER SATISFACTION GUARANTEE, THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND RUNPIXIE.COM MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Run Pixie sp. z o. o. and it’s officers, directors, employees, subsidiaries, affiliates, licensors and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Website or the photographs.
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorized by Run Pixie, sp. z o. o., or if you otherwise infringe any intellectual property rights relating to any of the images of clips on this Website, you agree to indemnify and hold Run Pixie, sp. z o. o., its subsidiaries, affiliates, licensors, and representatives, harmless against any losses, expenses, costs, or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs and/or your breach of this terms of this Agreement.
- REFUND AND REPLACEMENT POLICY
If you found what you have received is not what you ordered, or is defective in any way, Runpixie.com is happy to replace the product.
– Email firstname.lastname@example.org within 7 days after you have received the merchandise and let us know what items are incorrect or defective. We will reply with instructions for the return and replacement of the incorrect or defective product.
– Refunds or replacement will not be made where products are supplied in the form shown on the preview.
– All images are available on the website prior to purchase. It is the purchaser’s responsibility to ensure that they are purchasing the correct product, both with regard to content, form and quantity. No refund or replacement will be made where the product is supplied as ordered by the purchaser.
– Digital photo orders will not be refunded unless the download is found to have a technical fault that is under the control of Runpixie.com.
- OTHER TERMS.
Changes. Run Pixie sp. z o. o. reserve the right to make changes to this Website, this Agreement, and the other information contained in this Website at any time and without notice. Please refer to these User Terms when you visit the site as they may change from time to time.
Governing Law. This agreement will be governed by the laws of Poland, in Warsaw court, without reference to its laws relating to conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. The prevailing party shall be entitled to recover its reasonable legal costs including attorney fees relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, RunPixie shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of RunPixie, such action is necessary or desirable to protect its intellectual property rights. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.
Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties or issued electronically by RunPixie and accepted in writing by you. If any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
Notice. All notices required to be sent to RunPixie under this agreement should be sent via email. All notices to you will be sent via email to the email set out in your account.
Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value-added taxes, and duties imposed by any jurisdiction as a result of the license granted to you or of your use of the licensed content.
Removal of photos upon request. Photographs on the site come from mass events – public runs, and are found by runners based on their own starting numbers. According to a ruling by the Court of Appeals in Warsaw (Ref. No. V ACa 484/17), “Participation in a public event implies consent to the publication of an image in connection with that event,” and Article 81 of the Copyright Law states that “Permission is not required for the dissemination of an image … of a person constituting only a detail of a whole such as a gathering, landscape, or public event.” However, RunPixie reserves the right to remove photos at the request of the person in the photo. If you would like a photo, which depicts you, removed, please contact us.
- SELLER’S LICENSE AGREEMENT
By uploading content to RunPixie, you (“Seller”) accept that your photos are distributed under this license.
Run Pixie, sp. z o. o. reserves the right to review all photos (“Content”) uploaded to RunPixie and to remove – at any time – any Content.
8.2. REGISTRATION AND PROCESSING OF USER INFORMATION
Upon registration of a RunPixie user account, the User shall submit the personal and address details requested in the registration form including inter alia name, personal/corporate identification number, postal address and e-mail address (the “Registration Data”) and keep Run Pixie, sp. z o. o. informed of any changes in such Registration Data during the term of the User Agreement. A User who is a legal entity shall also submit information about the contact person(s) who shall have access to RunPixie.com on behalf of the legal entity. If the User submits inaccurate, incomplete or outdated Registration Data, Run Pixie, sp. z o. o. is entitled to terminate the User Agreement with the User with immediate effect and to concurrently cancel or terminate the User’s access to RunPixie
In connection with registration, each User is further required to submit payment details regarding the account to which payments are to be received (the “Payment Data”). The payment solutions supported by RunPixie from time to time are listed on RunPixie.com, and the User must register with either of these services to be able to use RunPixie.com.
The User shall ensure that the user account and the password which the User registers for its use of RunPixie are stored in a satisfactory manner and protected from being used by any third party. The User is responsible for any and all unauthorized use of the User’s user account and password until the User has requested and Run Pixie, sp. z o. o. has blocked the access to RunPixie for a specific User identity.
Run Pixie, sp. z o. o. collects and processes the personal data about the User or the User’s contact person(s) that is submitted with the registration form, including Registration Data and Payment Data, and which is uploaded using the RunPixie App (including Content containing personal data), as well as information about the User’s use of RunPixie such as rating data, geotags and information about uploading and purchasing of Content, (collectively the “Personal Data”) in order to supply and administer RunPixie and to fulfill its obligations under the User Agreement. To the extent necessary for Run Pixie, sp. z o. o.’s supply of its services, Run Pixie, sp. z o. o. may transfer the Personal Data to service providers acting on behalf of Run Pixie, sp. z o. o. and to Run Pixie, sp. z o. o.’s partners. The User or the User’s contact persons are entitled to access the Personal Data that Run Pixie, sp. z o. o. has registered about them, and may at any time demand RunPixie to correct or erase erroneous or incomplete Personal Data. In addition, hereto, the User may correct their Personal Data, by logging into its user account for RunPixie. By accepting this User Agreement, the User consents to Run Pixie, sp. z o. o.’s processing of Personal Data in accordance with this Section. Run Pixie, sp. z o. o. is not entitled to submit User information to anyone other than the partners who, together with Run Pixie, sp. z o. o., provide services within the scope of RunPixie.
8.3. REGULATIONS REGARDING CONTENT UPLOADED TO RUNPIXIE.COM
The User is solely and exclusively responsible for all photos that the User submits, processes, or handles by use of RunPixie and for all data that the User stores on Run Pixie, sp. z o. o.’s servers. Run Pixie, sp. z o. o. does not and cannot review all Content uploaded to RunPixie and is not responsible for the Content. Any screening of Content performed by Run Pixie, sp. z o. o. should be considered only as a courtesy and does not limit the User’s responsibility for the Content.
The User may use RunPixie only in accordance with the User Agreement. The User is not entitled to use RunPixie in any way that may overload, disturb, harm, inactivate or impair RunPixie, or use RunPixie in any way that may lead to transfer, distribution, or uploading of software or material containing harmful code, such as virus, time bombs, cancelbots, worms, Trojan horses, espionage software or other potentially harmful software, material or information.
The User undertakes not to use RunPixie for the purposes of uploading, posting, emailing or in any other way processing or forwarding Content in breach of applicable law (including but not limited to information that may be deemed to constitute incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, unlawful description of violence, and/or violation of copyright or any intellectual property law or violations of the personal data act), Content with nudity or that may in any other way be conceived as threatening, insulting, racist, offensive, vulgar and/or indecent or which involves infringement of a private individual’s personal sphere or the infringement of a third party trademark or copyright or other intellectual property right. The User is also obligated not to use Run Pixie, sp. z o. o.’s trademarks or distinctive marks in any way other than has been explicitly consented to by Run Pixie, sp. z o. o.
By agreeing to this User Agreement the User consents to Run Pixie, sp. z o. o.’s processing and storing of the Personal Data and the Content, and to disclosing Personal Data or Content if Run Pixie, sp. z o. o. is obliged to do so by law, or if RunPixie at its own discretion considers it necessary to (a) comply with a legal obligation; (b) uphold the User Agreement; (c) respond to statements that Content and/or Personal Data constitute an infringement of a third party right or in any other way is in contravention with law; or (d) protect RunPixie’s, its users or the public’s interests, rights, property or personal safety.
If a User finds that Content available on RunPixie is in breach of the terms of this User Agreement, such User may file a complaint with RunPixie’s customer support. In the event of such a complaint, Run Pixie, sp. z o. o. reserves the right to remove the Content in question either temporarily or permanently.
8.4. GRANT OF LICENSE TO THE CONTENT TO Run Pixie, sp. z o. o.
Each Seller that uploads Content for sale on RunPixie hereby grants to Run Pixie, sp. z o. o. a worldwide, non-exclusive, perpetual, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute and display the Content for any purpose, whether commercial or non-commercial, including the right to modify, reproduce, publish and display the Content, and create derivative works thereof, in any manner, as well as to grant to third parties and Run Pixie, sp. z o. o.’s partners a right to sublicense, Content within the scope of the various functionalities of RunPixie from time to time and within the business of Run Pixie, sp. z o. o. This license is including without limitation promoting RunPixie or redistributing RunPixie in any media formats and through any media channels (including promotion campaigns on social media), for as long as the Content is made available by the Seller on RunPixie.
Run Pixie, sp. z o. o. may from time to time grant to the operators of public search engines permission to use search engines or search spiders to copy Content for the sole purpose of creating publicly available searchable indices of the Content. Each Seller specifically allows for Run Pixie, sp. z o. o. to grant access to the Content for such search engines or spiders.
Any commercial use of any Content by another User than the Seller requires such User to purchase a Content License.
For the avoidance of doubt, the grant of a perpetual license means that the Content License will remain in full force and effect even if the Content to which the license refers has been removed or deleted from RunPixie. Thus, removal/deletion of Content from RunPixie does not affect Content Licenses sold prior to such removal/deletion.
8.5. PRICING OF CONTENT
By uploading Content to RunPixie, the Seller agrees to have such Content published for sale on RunPixie and its partners’ platforms at such terms and prices that Run Pixie, sp. z o. o. or its partners apply at the time of license purchase (as further detailed below).
Run Pixie, sp. z o. o. reserves the right at its own discretion to set the Content Fee (as defined below) for all Content Licenses to the Content published on RunPixie. Run Pixie, sp. z o. o. further reserves the right to adjust any such Content Fee upwards or downwards at its own discretion at any time, to run temporary promotional campaigns covering all or some of the Content on RunPixie and to create bundles, compilations, and portfolios of Content and to set the prices for such campaigns, bundles, etc., at its own discretion.
8.6. CONSENTS FROM PARTICIPATING INDIVIDUALS/MODELS
The Seller confirms, through the uploading of Content to RunPixie, that the Seller has received all required consents from any and all private individuals participating in Content (“Model Releases”) or that the Content consists of photos taken in the public space and such consent is not necessary.
8.7 NO INFRINGEMENT
The Seller represents and warrants to the Buyer and to Run Pixie, sp. z o. o. that the Seller is the original photographer of the Content and that it holds all rights in and to the Content. The Seller further represents and warrants to the Buyer and to Run Pixie, sp. z o. o. that the Content does not infringe upon any copyright, moral right or other intellectual property rights.
8.8. PAYMENT TERMS
Payment of the Content Fee is made by the Buyer through the purchase process on RunPixie and the payment solution(s) made available thereon by Run Pixie, sp. z o. o. In relation thereto, Run Pixie, sp. z o. o. receives the License Fee for its own account. All payments are final and binding and will not be refunded to a Buyer under any circumstances unless specified otherwise in this agreement.
Upon Run Pixie, sp. z o. o.’s receipt of the Content Fee, the Content will be released to the Buyer for use in accordance with the Content License.
The Content Fee includes payment for all photos in the Photo Package (a selection of photos from a running race, containing pictures of a runner with a specified number).
8.9 RELEASE OF COMMISSIONS TO SELLERS
For the granting the license to uploaded content, Sellers receive discounts for photo packages downloaded from RunPixie, as specified on the website. Said discount shall be considered as full payment for the Content Licenses sold by the Seller.
Additionally, in some races (clearly marked prior) RunPixie may also pay a commission to Sellers. In such case, commissions will be accumulated on each Seller’s user account on RunPixie. The Seller may request Run Pixie, sp. z o. o. to release the Commissions received by Run Pixie, sp. z o. o. on behalf of the Seller through the “Cash Out”function connected to the Seller’s user account once the minimal Commission level, defined by Run Pixie, sp. z o. o. or its partners, is reached. If such a release request is received by Run Pixie, sp. z o. o. not later than the last day of a calendar month, the balance on the Seller’s user account as of the date of the release request will be paid out at the end of the following calendar month as per the Payment Data registered by the Seller. Said payment shall be considered as full payment for the Content Licenses sold by the Seller. Run Pixie, sp. z o. o. retains the right to provide other solutions for “Cash Out” which in such event will be described on RunPixie’s website. RunPixie will reduce the withdrawal by the cost of processing imposed by the third-party clearing partner. RunPixie may also request that the Seller processes the payout after a certain amount of accumulated commissions has been exceeded.
If the Seller has not requested release of accumulated Commissions within twenty-four (24) months from the date of sale of the Content License(s), or if the Seller within the same period has failed to provide valid Payment Data enabling Run Pixie, sp. z o. o. to release accumulated Commissions, such Commissions will be forfeited by the Seller and will accrue to Run Pixie, sp. z o. o.
Run Pixie, sp. z o. o. retains the right to adjust payments made to the Seller and to reclaim any amount which incorrectly has been paid out to Seller, no matter the reason for such incorrect disbursement.