© Andrew Judd / Masterfile
By accessing or utilizing www.PicRights.com and/or https://resolve.picrights.com (individually or together, the “Website”), you accept this legally binding agreement (the “Website Terms”). The Website Terms constitute a legal agreement between you as a user of the Website (“you”) and PicRights Europe GmbH (“PicRights”). For the purposes of the Website Terms, “PicRights” incorporates by reference PicRights and its subsidiary and affiliated companies. Please read the Website Terms completely before using the Website. If you access the Website, you agree to be bound by the Website Terms and by all terms, policies and guidelines incorporated by reference.
PicRights reserves the right to change the Website Terms at any time without notice. It is your responsibility to review the Website Terms regularly. Your continued access or use of the Website after such changes indicates your acceptance of the Website Terms as modified.
If you do not wish to be bound by the Website Terms, kindly do not use the Website. If you are using the Website on behalf of any entity or third party, you further represent and warrant that you are authorized to accept these Website Terms on their behalf, and that such entity or third party agrees to indemnify PicRights for any violation of these Website Terms.
2. Ownership of Website and Content
The Website is owned and operated by PicRights. The materials used and displayed on the Website, including, but without limitation, the images, text, articles, software, photographs, graphics, illustrations, artwork, names, logos and trademarks (collectively, the “Content”) is the property of PicRights or PicRights’s licensors or clients, and is protected by copyright, trademark and other laws. The Content may not be copied or retransmitted in any form without the express written permission of PicRights.
3. Permitted Use of this Site and User Conduct
The Website is expressly created for informational purposes primarily for the benefit of PicRights’s clients and parties who have received communications from PicRights. Using the Website or the Content other than for its intended purposes is prohibited.
Without limiting the generality of the foregoing, you are prohibited from:
- using any data mining, robots or similar data and/or image gathering and/or extraction methods in connection with the Website of the Content;
- reverse engineering the Website or any of the Content;
- manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology;
- removing any rights management information (RMI) contained in the Content, including without limitation, metadata, attribution information, copyright notices or watermarks;
- using the Website to abuse, harass, threaten, impersonate or intimidate any person;
- using the Website to post or transmit, or cause to be posted or transmitted, any Content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or any right of any person;
- using the Website to create or transmit unwanted “spam”;
- using the Website to advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior express consent; or
- using the Website other than for its intended purposes.
4. No Legal Advice
The Website and Content are provided for general information purposes only and nothing that appears on the Website constitutes legal or other professional advice or an opinion of any kind. You are advised to seek specific legal advice by contacting legal counsel regarding any specific legal issues. Any Content published on this Website is current as of its original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.
5. General Disclaimer
Use of the Website and any Content is at your sole risk. Except as otherwise stated in these Website Terms, the Website and any Content are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including but not limited to representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. PicRights makes no representations or warranties that the use of the Website will be uninterrupted or error-free.
6. Limitation of Liability
In no event will PicRights be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or Content, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the Website or any Content whether based on contract, tort, strict liability or otherwise.
8. Governing Law
The Website Terms and any dispute arising from or in relation to the Website Terms will be governed by, construed, interpreted and enforced in accordance with the laws of Switzerland (excluding the application of its conflicts of law rules), and the parties submit to the exclusive jurisdiction of the courts of Switzerland, for the purpose of all legal actions arising out of or relating your use of the Website, Content and/or any dispute arising from or in relation to the Website Terms.
The Website is only available to authorized representatives of legal entities and to individuals who are at least 18 years old.
All trade names, trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Website are the property of their respective owners. They may not be used in any manner whatsoever without the express written consent of the respective owners.
12. Linked Websites
Links to other websites are provided for your convenience of reference only and do not necessarily constitute an endorsement by PicRights. PicRights makes no representation or warranty with respect to the content, practices or reliability of any linked website.
Any headings included in the Website Terms have been inserted for convenience of reference only and do not affect the Website Terms in any way.
If any provision of the Website Terms violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of these Website Terms will remain in force.
15. Contact Information
Any questions about PicRights or the Website Terms should be directed to:
PicRights Europe GmbH
“Personal Information” means information about an identifiable individual, (e.g. name, address, e- mail address, telephone number and credit card information), but does not include the name, title or business address or telephone number of an employee of an organization.
PicRights does not intend to either solicit or collect personal information from anyone under the age of eighteen (18) (“Children”). Children are not authorized to use this site unsupervised and are not authorized to register for an account or submit any personal information to PicRights. By using the Website, you warrant that you are 18 years of age or older.
In most cases, your consent to provide PicRights with your Personal Information (and/or any other information) will be implied through your conduct with it (e.g. speaking with PicRights’s staff). In the event that PicRights requires more detailed information, PicRights will request your consent.
Identifying Purposes – The Personal Information PicRights Collects and How and Why It Collects It
In the event that PicRights does collect Personal Information, it only collects that which is necessary to provide services to you and administer its databases. PicRights collects information only by lawful and fair means and not in an unreasonably intrusive way. Below are some examples of how PicRights may collect and use your Personal Information (and/or any other information):
1. Client Registration: In order to use PicRights’s services, you may need to provide PicRights with your Personal Information. PicRights may also distribute newsletters and other promotional materials that provide the latest information from PicRights and which PicRights believes may be of interest to its clients. If you wish not to receive such information and materials, you may request to be removed from PicRights’s newsletter and promotional materials list.
2. Recipients of Copyright Infringement Communications: you may need to provide PicRights with your Personal Information in order to facilitate the settlement of a copyright infringement claim and (in some cases) a credit card number so that PicRights can process your payment and administer its databases. PicRights only uses credit card numbers to process a transaction; PicRights does not keep credit card numbers on file.
4. Google Analytics: The Website may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics utilizes cookies to help PicRights analyze how users use the Website, but it does not collect Personal Information. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for PicRights and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. It is Google’s policy to not associate your IP address with any other data held by Google. By using the Website, you consent to Google processing data in the manner and for the purposes set out above. You may at any time reject the collection and storage of data by Google Analytics by using the tools available at tools.google.com/dlpage/gaoptout.
5. Web Beacons: In addition to cookies and Google Analytics, PicRights may utilize other third-party technologies, including single- pixel gifs (commonly referred to as “web beacons”) on the Website and in promotional e-mails or newsletters. Web beacons are not used to collect Personal Information. They allow PicRights to measure actions associated with a user (through an IP address) when a page that contains a web beacon is opened on the Website. PicRights uses web beacons to help determine how many users have visited certain pages of the Website or opened promotional e-mails or newsletters. When you click on a page of the Website or open an e-mail from PicRights that includes a web beacon, your actions, such as which pages you visited or images that you clicked on or licensed, will be recorded. This allows PicRights, and the third -party partners we work with, to display customized advertisements for PicRights’s products to you on third party websites and for PicRights to create customized communications to you based on your actions. If you would like to know more about how PicRights uses third-party technologies such as web beacons, you can contact us directly atprivacy@PicRights.com.
Limiting Use, Disclosure, and Retention
PicRights does not use or disclose Personal Information for purposes other than those for which it was collected. Also, PicRights retains Personal Information only for as long as it is needed. Certain Personal Information (and/or any other information) may be disclosed to third party contractors solely for the purpose of processing or answering your request(s) including PicRights’s representatives, parent company, subsidiaries, affiliates and authorized payment processors. Under certain circumstances, PicRights will disclose your Personal Information:
- when PicRights is required or authorized by law to do so;
- when you have consented to the disclosure, either in writing or through your conduct;
- if PicRights engages a third party to provide administrative services to it (e.g. copyright enforcement, computer back-up services or archival file storage);
- as a part of any business merger, sale of the assets of PicRights or acquisition as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information would be transferred as part of PicRights’s business assets; or
- if the information is already publicly known. PicRights does not, however, transfer, sell or otherwise disclose any of your Personal Information (and/or any other information) to any third party to enable them to market their products and services to you.
Access to Your Personal Information
You may ask PicRights for access to your Personal Information. All requests must be in writing and addressed to PicRights’s Privacy Officer. A small administrative charge may apply, depending on the request. Your rights to access your Personal Information are not absolute. PicRights may deny access when:
- denial of access is required or authorized by law;
- information relates to existing or anticipated legal proceedings against you;
- when granting you access would have an unreasonable impact on other people’s privacy;
- when to do so would prejudice negotiations with you; or
- to protect PicRights’s rights and property.
If PicRights denies your request for access to Personal Information, it will explain why.
Communicating with PicRights (e-mails)
PicRights welcomes e-mail communication and uses it frequently. However, e-mail is not a 100% secure medium, and you should be aware of this when contacting PicRights to send Personal Information (and/or any other information). PicRights will not be liable for any Personal Information (and/or any other information) transmitted to it by e-mail.
Transmission Through Other Countries
You agree and understand that, because of the nature of the Internet, Personal Information (and/or any other information) may be transmitted through other countries that have different rules governing privacy.
Requests for Access
If you have any questions regarding Personal Information, please write to PicRights’s Privacy Officer:
PicRights Europe GmbH
Attention: Privacy Officer
By e-mail: privacy@PicRights.com
© 2018 PicRights Europe GmbH. All rights reserved.