Terms of use, return policy, license agreement

This license agreement between you and RunPixie sp. z o. o. (“RunPixie”) explains how you can use the photos you license from RunPixie. By downloading content from RunPixie.com, you (“Buyer”) accept the terms of this agreement. You can license files from RunPixie.com by purchasing a Photo Package (containing photos with a given runner number).

You can only use free watermarked content from RunPixie for free use. Watermarked content may not be used in any final or publicly available materials and may only be used for 7 days after download.

By submitting content to RunPixie, you accept that your images are distributed under this license.

 

How can I use the licensed content?

You may use the content in any way that is not restricted by this license agreement. Subject to these limitations and the other terms and conditions of this Agreement, the rights granted to you by RunPixie are:


Perpetual
, meaning that there is no expiration or end date for your rights to use content downloaded during the term of your agreement.

Non-exclusive, which means that you do not have exclusive rights to use the content. RunPixie can license the same content to other customers.


Territorially unlimited
, meaning that the content can be used in any geographic territory.

1. OWNERSHIP OF OUR WEBSITE.

This site is owned and operated by Run Pixie, sp. z o. o. All images sold on the site are protected by international copyright law.

2. USE OF OUR PHOTOS.

You can purchase the images posted on our Site as downloadable images. Photographs are for personal use only (including publication on social media). For professional use, you may not reproduce, display, transmit, distribute or otherwise use the images, or any part thereof, in any way, including, without limitation, printing or electronically reproducing, publishing or in any way displaying the images, without the prior written consent of Run Pixie, sp. z o.o. You may not use or reproduce any product purchased from this site in a manner that suggests 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 materials to any product without the prior written consent of Run Pixie, sp. z o. o. In addition, you may not reverse engineer, decompile or otherwise disassemble the software contained on this Site.

3. LIMITED USE.

Prohibition of unlawful use. You may not use the Content in a pornographic, defamatory or otherwise unlawful manner or in violation of any applicable laws or industry codes.

Prohibition of file redistribution. Do not use the content in a way that allows others to download, extract or redistribute the content as a standalone file (meaning the content file itself, separate from the project or end use).

Prohibit the use of a trademark or logo. You may not use the content (in whole or in part) as a distinctive or distinctive feature of a trademark, graphic mark, trade name, service mark or logo. In addition, you have no right to register (in any jurisdiction) such content (in whole or in part) as a trademark or to rely on such registrations, prior use and/or accumulated goodwill to prevent third parties (including us, our customers or the copyright owner of such content) from using such content or similar content.

Prohibition of inappropriate use. You may not use content depicting models or property in connection with a topic that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases).

Prohibition of misrepresentation of authorship. You cannot falsely claim to be the original creator of an end-use consisting largely of licensed content. For example, you can’t create an image based solely on licensed content and claim to be the author.

Prohibition of use in combination. You may not use the content in connection with any goods or services for resale or distribution where the primary value is the content itself, including, but not limited to, cards, stationery, paper products, calendars, articles of clothing, posters (printed on paper, canvas or other media), DVDs, mobile applications, NFTs or other items intended for resale, licensing or other distribution for profit. This includes “on-demand” products (i.e., products in which the content is selected by a third party to be customized for a particular product on a made-to-order basis), including but not limited to 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).


Ban on 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 circulation. Content cannot be duplicated more than 100 times in physical print form. This limitation does not apply to electronic reproduction.

Prohibit the use of machine learning, artificial intelligence or biometric technologies. Without RunPixie’s express permission, you may not use the content (including signature information, keywords or other metadata associated with the content) for machine learning and/or artificial intelligence or technologies designed or intended to identify individuals. In addition, RunPixie does not represent or warrant that permission has been obtained for such use with respect to the content published by the models.

4. DISCLAIMER.

NOTWITHSTANDING RUNPIXIE.COM’S CUSTOMER SATISFACTION GUARANTEE, THIS WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND RUNPIXIE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ITS IMAGES OR WEBSITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

Run Pixie sp. Ltd. and its officers, directors, employees, subsidiaries, affiliates, licensors and agents, will not be liable for any damages, including, without limitation, loss of business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from access to or use of this site or images.

5. COMPENSATION.

If you reproduce, display, transmit, distribute or otherwise use the images or any portion thereof in any manner not authorized by Run Pixie, Ltd. or if you otherwise infringe the intellectual property rights associated with any images on this Site, you agree to be liable in lieu of Run Pixie, Ltd, its subsidiaries, affiliates, licensors and agents, and they shall not be liable for any loss, expense, cost or damage, including reasonable attorneys’ fees, incurred by them as a result of your unauthorized use of the images and/or your violation of this Agreement.

6. REFUND AND EXCHANGE POLICY

If you find that what you received is not what you ordered, or is defective in any way, Runpixie.com will gladly replace the product.

– Email runpixie@runpixie.com within 7 days of receiving the goods and let us know which items are incorrect or defective. We will respond with instructions for returning and replacing the incorrect or defective product.

– Refunds or exchanges will not be made if the products are delivered as shown in the preview.

– All photos are available on the website before purchase. It is the buyer’s responsibility to make sure he buys the right product, both in terms of content, form and quantity. If the product is delivered in accordance with the purchaser’s order, no refund or exchange will be made.

– Digital photo orders will not be refunded unless the downloaded photos are found to have a technical glitch that is within Runpixie.com’s control.

 

7. OTHER PROVISIONS

Changes. Run Pixie sp. z o. o. reserves the right to make changes to this Site, this Agreement, and other information contained on this Site at any time without notice. Please read the Terms of Use when visiting the site, as they may change from time to time.

Applicable law. This Agreement will be governed by the laws of Poland, a court in Warsaw, without reference to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not regulate this contract. The prevailing party will be entitled to recover its reasonable legal costs, including attorneys’ fees related to the aspect of the claim or defense in which it won, and any opposing cost awards will be offset. Notwithstanding the foregoing, RunPixie shall have the right to commence and conduct any legal or equitable action or proceeding in a court of competent jurisdiction to obtain an injunction or other relief against you in the event that, in RunPixie’s opinion, such action is necessary or desirable to protect your intellectual property rights. The parties agree that notwithstanding any other applicable statute of limitations, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.

Separation. If one or more provisions of this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions should be amended only to the extent necessary to make them enforceable.

Waiver. No action of either party, other than an express waiver in writing, shall be construed as a waiver of any provision of this Agreement.

The entire agreement. No term or condition of this Agreement may be added or deleted except in writing and accepted by both parties or issued electronically by RunPixie and accepted in writing by you. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions contained in any purchase order sent by you, the terms and conditions of this Agreement will apply.

Notification. All notices required to be sent to RunPixie under this Agreement shall be sent via email. All notifications to the user will be sent via email to the email address specified in the user’s account.

Taxes. You agree to pay and are responsible for all sales taxes, use taxes, value-added taxes and duties imposed by any jurisdiction as a result of your license or use of the licensed content.

Deletion of photos upon request. The photographs on the site are from mass events – public runs – and are searched by runners based on their own starting numbers. According to the ruling of the Court of Appeals in Warsaw (Ref. V ACa 484/17), “Participation in a public event implies consent to the publication of an image in connection with the event,” and Art. 81 of the Copyright Law states that “Permission is not required to distribute an image … of a person that constitutes only a detail of a whole such as a gathering, a landscape, a public event.” However, RunPixie reserves the right to remove photos at the request of the person on it. If you would like your photo removed, please contact us.

 

  1. SELLER’S LICENSE AGREEMENT

By submitting content to RunPixie, you (“Seller”) accept that your images are distributed under this license.

Run Pixie, sp. z o. o. reserves the right to review all images (“Content”) submitted to RunPixie and to remove – at any time – any Content.

 

8.1. REGISTRATION AND PROCESSING OF USER INFORMATION

When registering a RunPixie user account, the User will provide the personal and address information required in the registration form, including but not limited to name, identification number, mailing address and email address (“Registration Data”), and will inform Run Pixie, sp. z o. o. of any changes to such registration data during the term of the User Agreement. A user who is a legal entity should also provide information about the contact person(s) who will have access to RunPixie.com on behalf of the legal entity. If the User provides inaccurate, incomplete or outdated Registration Data, Run Pixie, sp. z o. o. has the right to terminate the Agreement with the User with immediate effect and at the same time cancel or revoke the User’s access to RunPixie.

In connection with registration, each User is further required to provide payment data for the account to which payments are to be credited (“Payment Data”). Payment solutions supported by RunPixie from time to time are listed on RunPixie.com, and you must register with one of these services to use RunPixie.com.

You shall ensure that the user account and password that you register to use RunPixie are stored in an appropriate manner and protected from use by third parties. The User is responsible for any unauthorized use of the User’s user account and password until the User requests, and Run Pixie, sp. z o. o. will block access to RunPixie for the specified User identity.

Run Pixie, Ltd. collects and processes Personal Data of the User or the User’s contact person(s) that is submitted with the registration form, including Registration Data and Payment Data, and that is transmitted via the RunPixie Application (including Content containing Personal Data), as well as information about the User’s use of RunPixie, such as rating data, geotags, and information about the transmission and purchase of Content, (collectively, “Personal Data”) for the purpose of providing and administering RunPixie and fulfilling its obligations under the User Agreement. To the extent necessary for Run Pixie, sp. z o. o. to provide Run Pixie, sp. z o. o. services, Run Pixie, sp. z o. o. may transfer Personal Data to service providers acting on behalf of Run Pixie, sp. z o. o. and Run Pixie, sp. z o. o. partners. The User or the User’s contacts are entitled to inspect the Personal Data that Run Pixie, sp. z o. o. has recorded about them and may at any time request RunPixie to correct or delete incorrect or incomplete Personal Data. In addition, you may correct your Personal Information by logging into your user account with 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 authorized to transfer User Data to anyone other than partners who, together with Run Pixie, sp. z o. o., provide RunPixie services.

 

8.2. TERMS AND CONDITIONS FOR CONTENT POSTED ON RUNPIXIE.COM

You are solely responsible for all images that you upload, process or handle using RunPixie and for all data that you store on the servers of Run Pixie, sp. z o. o. Run Pixie, sp. z o. o. does not and cannot review all Content posted on RunPix and is not responsible for such Content. Any control of the Content by Run Pixie, sp. z o. o. should be treated as a courtesy only and does not limit the User’s responsibility for the Content.

You may only use RunPixie in accordance with the User Agreement. You are not authorized to use RunPixie in a manner that may overload, disrupt, harm, disable or impair RunPixie, nor are you authorized to use RunPixie in a manner that may lead to the transmission, distribution or posting of software or material containing harmful code, such as a virus, time bombs, cancelbots, worms, Trojan horses, spyware or other potentially harmful software, material or information.

You agree not to use RunPixie to upload, post, email or otherwise process or transmit Content that is in violation of applicable law (including but not limited to. information that may be considered incitement to racial hatred, child pornography, slander, insult, incitement to riot, unlawful description of violence, and/or violation of copyright or any intellectual property right or violation of the Personal Data Act), Content with nudity or which in any other way may be conceived as threatening, offensive, racist, insulting, vulgar, and/or obscene, or which involves infringement of a private individual’s personal sphere or violation of a third party’s trademark or copyright or any other intellectual property right. The user is also obliged not to use the trademarks or hallmarks of Run Pixie, sp. z o. o. in a manner different from that to which Run Pixie, sp. z o. o. She gave her explicit consent.

By agreeing to this User Agreement, you consent to Run Pixie, sp. z o. o. personal data and Content, and to disclose personal data or Content if Run Pixie, sp. z o. o. is required to do so by law, or if RunPixie in its sole discretion deems it necessary to (a) fulfill a legal obligation; (b) maintain the Agreement with the User; (c) respond to claims that the Content and/or Personal Data violates the rights of third parties or is otherwise unlawful; or (d) protect the interests, rights, property or personal safety of RunPixie, its users or the public.

If a User believes that Content available on RunPixie violates the terms of this User Agreement, such User may file a complaint with RunPixie customer service. In the case of such a complaint, Run Pixie, sp. z o. o. reserves the right to temporarily or permanently remove the Content in question.

 

8.3. GRANTING LICENSE FOR CONTENT Run Pixie, sp. z o. o.

Any Vendor who posts Content for sale on RunPix hereby grants Run Pixie, sp. z o. o. a worldwide, non-exclusive, perpetual, royalty-free, transferable license (with the right to sublicense) 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, and to grant to third parties and partners of Run Pixie, sp. z o. o. rights to sublicense, Content within the framework of various RunPixie functionalities from time to time and within the framework of the activities of Run Pixie, sp. z o. o. This license shall include, without limitation, the promotion of RunPixie or the redistribution of RunPixie in any media formats and through any media channels (including social media promotional campaigns), for the entire period the Seller makes the Content available on RunPixie.

Run Pixie, sp. z o. o. may, from time to time, grant permission to operators of public search engines to use search engines or search spiders to copy Content solely for the purpose of creating publicly available searchable indexes of the Content. Each Seller expressly permits Run Pixie, sp. z o. o. for granting access to the Content to such search engines or indexing bots.

Any commercial use of any Content by any User other than Seller requires such User to purchase a Content License from RunPixie.

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 applies is removed or deleted from RunPixie. Thus, removal/deletion of Content from RunPixie does not affect Content Licenses sold prior to such removal/deletion.

 

8.4. EVALUATION OF CONTENT

By submitting Content to RunPixie, Vendor agrees to publish such Content for sale on the platforms of RunPixie and its partners at such terms and prices as Run Pixie, sp. z o. o. or its partners apply at the time of license purchase (as detailed below).

Run Pixie, sp. z o. o. reserves the right, in its sole discretion, to determine the Content Fee (as defined below) for all Content Licenses published on RunPix. Run Pixie, sp. z o. o. further reserves the right to adjust any such Content Fee up or down at its sole discretion at any time, to run temporary promotional campaigns covering all or some of the Content on RunPix, and to create packages, compilations and portfolios of Content and to price such campaigns, packages, etc. at its sole discretion.

 

8.5. CONSENTS FROM PARTICIPATING INDIVIDUALS/MODELS

Vendor confirms, by submitting the Content to RunPixie, that it has received all required consents from any individuals participating in the Content (“Model Releases”) or that the Content consists of photographs taken in a public space and such consent is not necessary.

 

8.6 NO VIOLATIONS

Seller represents and warrants to Buyer and Run Pixie, sp. z o. o. that Seller is the original photographer of the Content and that Seller owns all rights to the Content. Seller further represents and warrants to Buyer and Run Pixie, sp. z o. o. that the Content does not infringe any copyright, moral rights or other intellectual property rights.

 

8.7. TERMS OF PAYMENT

Payment of the Content Fee is made by the Buyer through the purchase process on RunPix and made available there by Run Pixie, sp. z o. o. payment solution(s). Accordingly, Run Pixie, sp. z o. o. receives the License Fee on behalf of the Seller and the Transaction Fee for its own account. All payments are final and binding and will not be returned to Buyer under any circumstances, unless otherwise specified in this Agreement.

After Run Pixie received the sp. z o. o. payment for the Content, 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 the race, including photos of a runner with a specific number).

 

8.8 MAKING COMMISSIONS AVAILABLE TO VENDORS

For licensing uploaded content, Sellers receive discounts on image packages downloaded from RunPixie, as specified on the website. The said discount is treated as full payment for the Content Licenses sold by the Seller.

For some runs (clearly marked in advance), RunPixie can also pay financial commissions. Commissions will be accumulated in each Vendor’s user account in RunPix. The seller may request Run Pixie, sp. z o. o. release of commissions received by Run Pixie, sp. z o. o. on behalf of the Vendor through the “Cash Out” function connected to the Vendor’s user account after reaching the minimum commission level set by Run Pixie, sp. z o. o. or its partners. In the event that Run Pixie, sp. receives. z o.o. application for exemption no later than the last day of the calendar month, the balance in the Seller’s user account as of the date of the application for exemption will be paid at the end of the following calendar month in accordance with the payment data recorded by the Seller. This payment will be treated as full payment for the Content Licenses sold by the Seller. Run Pixie, sp. z o. o. retains the right to make other “Cash Out” arrangements, which in such case will be described on the RunPixie website. RunPixie will reduce the payment by the cost of its implementation imposed by the third-party clearing partner. RunPixie may also request that the Vendor’s withdrawal be processed once a certain amount of accumulated commissions has been exceeded.

If Vendor does not request release of accumulated Commissions within twenty-four (24) months from the date of sale of the Content License or if Vendor does not provide valid Payment Data allowing Run Pixie within the same period, sp. z o. o. release of accumulated Commissions, such Commissions will be forfeited to the Seller and will be charged to Run Pixie, sp. z o. o.

Run Pixie, sp. z o. o. retains the right to adjust payments made to the Vendor and to recover any amounts that were improperly paid to the Vendor, regardless of the reason for such improper payment.

The English-language version of this agreement is the binding version. The Polish version is based on an automatic translation DeepL.