Acceptance of Terms
Description of Service
The Site is an online community which enables photographers and graphic artists to post their personal photographs and images; as well as to share comments, opinions and ideas; promote their work; to participate in contests and promotions which we may or may not have; and to access or purchase Services from time to time which may or may not be available on the Site. Services (“Services”) include, but are not limited to:
1.Any service and/or content Birdpx makes available to, or performs for you.
2. Offering of any materials displayed, transmitted or performed on the Site Content (“Content”) includes, but is not limited to text, comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to as well as the use of the Site may be interrupted from time to time. This may be caused by equipment malfunction, periodic updating and maintenance, repair of the Site, or any other reason.
Birdpx reserves the right to suspend or discontinue the availability of the Site, and/or any portion of the site or Service; and/or remove any or all of the Content at any time, at our sole discretion; without any prior notice.
Birdpx may also impose limits on certain features and Services available on the Site, and or restrict your ability to access parts of or all of the Site and the Services without any notice or liabilityas well. The Site should not be used, nor are we liable for storage of your photographs and images. You are soley and directly responsible to keep your own copies of all content, including photos and images in a seperate indepsendent area not associated with our Site.
As a condition to use our Services, you are required to open an account with our Site. You will be required to select a password, username, and to provide full, complete and accurate registration information. In addition, the registration information you provide must be kept current at all times. Any failure to comply with our registration requirements will constitute a breach of the Terms, which may result in immediate termination of your Birdpx account.
In selection of your username, it is expressly forbidden to use the name of another person, another entity; nor and other username that is not lawfully available for use. You may not also use a name or trade mark that is subject to any rights of another person, nor entity other than you without appropriate authorization. In addition you may not use a name that is otherwise offensive, vulgar or obscene as well.
You are exclusively responsible for maintaining the confidentiality of your password. You are also solely responsible for all activities resulting from the use of your password and conducted through your Birdpx account.
The Service is available only to individuals who are either at least 18 years old, or at least 16 years old and who are authorized to access the Site by a parent or legal guardian. If you as a parent or legal gardian of such minor, have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by this minor. Parents and legal guardians are warned that it may be possible that the Site may display photographs and images containing nudity and violence that may be offensive to some.
The Service is for use by individuals only who are photographers and graphic artists. Accounts may not be opened by galleries, agents and other market intermediaries and entities who represent photographers and graphic artists or to sell their works. If you do not qualify for registration, you are not permitted to open an account or use the Services.
All Content posted or otherwise submitted to our Site is done soley by the account holder from which such Content originates. In addition, all resonsibility in accessing the site is soley held by the account holder as well.
You also acknowledge and agree that you alone are entirely responsible for all Content that you post, or otherwise submit to the Site. Birdpx has no responsibility for Content you post and does not control user submitted Content . In addition, Birdpx is not resposible for, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using our Site it may be possible that you are exposed to Content that may be offensive, indecent or objectionable.
As a condition of use of our Site, you promise not to use our Service for any purpose that is unlawful or prohibited by these Terms. In addition you agree not to use our Site or Services for any other purpose not reasonably intended by Birdpx. By way of example, and not as a limitation, you agree not to use the Service or our Site for reasons below as follows:
1. To abuse, harass, threaten, impersonate or intimidate any person;
2. To post or transmit, or cause to be posted or transmitted, any Content that is obscene or obscene in nature; pornographic, abusive, offensive, profane, libelous, defamatory, or that infringes any copyright or other right of any person;
3. For any purpose whatsoever that is not permitted under the laws of the jurisdiction where you use our Service;
4. To transmit and post, or cause to be transmitted and posted any solicitation or communication designed or intended to obtain password, account, or private information from any Birdpx user;
5. To transmit create or unwanted ‘spam’ to any person, account or any URL;
6. To post or attempt to post or transmit any copyrighted Content which doesn’t belong to you, with exception of Blogs. For Blogs only you may post such Content but only with explicit mention of the author’s name and a link to the source of the Content;
7. With the exception of accessing RSS feeds, you agree you will not use or attempt to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
8. You agree that you will not take any action that imposes, or may try to impose in our sole discretion an unreasonable or disproportionately large load of Content on our infrastructure; nor interfere or attempt to interfere with the proper working of our Site or any activities conducted on the Site
9. You agree that you will not bypass any measures we may use to prevent or restrict access to the Site;
10. You agree not to artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of our Service;
11. To promote or sell, or to attempt to promote or sell Content of another person
12. To sell, attempt to sell, or otherwise transfer your profile to any person or organization.
13. You agree to report any and all suspected abuse of our Site or a breach of the Terms
14. Copyright infringement concerns is addressed under “COPYRIGHT COMPLAINTS” below. For all other concerns please send written notices to Birdpx at our email: email@example.com.
You are solely responsible for all of your postings and all of your interactions with other users of our Site. Birdpx reserves the right, but has no obligation, nor liability to monitor disputes between you and other users.
Content submitted Or Made Available For Inclusion On The Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to our site. In consideration of Birdpx’s agreement to allow you to post Content to our Site and Birdpx’s agreement to publish such Content, and for other valuable considerations, the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Birdpx as follows to the following as well:
You acknowledge that:
1. By the uploading your photographic and/or graphic works to Birdpx at our Site, you will retain full rights to your works that you had prior to uploading these works on our Site.
2. The license granted to you from Birdpx includes the right for you to use your Content fully or partially for promotional reasons, and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities; provided that such Content is attributed to you in accordance with the necessary credits . For example, but not limited to username, profile picture, photo title, descriptions, tags, and other accompanying information, if any, and as appropriate, all as submitted to Birdpx by you;
3. Birdpx uses standard and industry recognized software and protective measures to attempt to restrict the ability of users and visitors to the Site, as well as to make high resolution copies of Content posted on the Site. Notwithstanding this, Birdpx makes no representation and no warranties that Content posted on our Site will not be unlawfully copied without your consent. Birdpx does not restrict the ability of users and visitors to our Site from making low resolution or ‘thumbnail’ copies of Content posted on our Site. You also expressly authorize Birdpx to permit users and visitors to our Site to make such low resolution copies of your Content from our Site;
4. Subject to the terms of the foregoing license, you will retain full ownership or other rights in your Content, as well as any intellectual property rights or other proprietary rights that is associated with your Content.
You represent and warrant that:
1. You are the exclusive owner of all rights. This is including all copy rights in and to all Content you submit or attempt to submit to our site;
2. You also have the full and complete right to enter into this agreement and to grant to Birdpx the rights in the Content herein granted. You agree that no further permissions are required from, nor payments are required to be made to any other person in connection with the use by Birdpx of the Content as contemplated herein; and
3. The Content does not infringe upon the copyright of any person or organization, nor does it defame any person or organization. The Content also does not violate any law or judicial or governmental order, moral rights, publicity rights, privacy rights or any other right of any person, or organization.
4. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Birdpx. All of such rights are hereby expressly and irrevocably waived by you in favor of Birdpx.
Birdpx respects all of the intellectual property rights of others. It is and will always be our policy to respond promptly to any claim that Content posted on our Site may, or does infringe the copyright or other intellectual property infringement (“Infringement”) of any person or organization. Birdpx will use reasonable efforts to investigate any and all notices of alleged Infringement, and will take appropriate action under applicable intellectual property law, as well as these Terms when it believes an Infringement has taken place. These efforts may be but not limited to removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify Birdpx of a possible Infringement you must submit your notice in writing to us with the attention of “Copyright Infringement” . This should be sent in care of firstname.lastname@example.org. With this complaint, you also must include in your notice of Copyright Infringement a detailed description of the alleged Copyright Infringement sufficient to enable Birdpx to make a reasonable determination. In addition, please be aware that you may be held accountable for damages (including costs and attorneys’ fees) if you are misrepresenting that any Content is infringing a copyright. If we remove or disable access to Content in response to a notice of Infringement, we will also make reasonable attempts to contact the user who posted the affected Content.
If you are notified of an Infringement and believe that your Content is not infringing on the rights of others, you may provide to Birdpx a counter notice in writing. This notice must be sent to the attention of “Copyright Infringement Counter Notification” at email@example.com. In this notification, you are required to include in your Copyright Infrindgement Counter Notification sufficient information to enable Birdpx to make a reasonable determination of your claim. Also, please be aware that you may be held accountable for damages (including costs and attorneys fees) if you materially misrepresent that your Content is not infringing the copyrights of others. If you are unsure of whether an activity constitutes or may constitue any Infringement, we would recommended seeking advice of an attorney.
Our Services may provide, or third parties may provide other links to World Wide Web sites, and or other resources. In addition, it is ackowledged that Birdpx has no control over such sites and resources; and you acknowledge and agree that Birdpx is not responsible for the availability of such external sites or resources. You also acknowledge and agreee the Birdpx 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. Furthermore, you also agree and acknowledge that Birdpx shall not be liable nor responsible either directly or indirectly, for any damage or loss caused, or any alleged damage or alleged loss caused by or in connection with the use of or reliance on any content, goods or services available on or through any such site or resource.
Release and Indemnity
You hereby expressly and irrevocably acknowledge and agreee to release and forever discharge Birdpx, as well as any of its affiliated and associated companies, as well as their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of our Site and our Services.
You also acknowledgeand hereby agree to indemnify as well as hold harmless Birdpx, its affiliated and associated companies, as well as any and all of their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs. This is including, but not limited to, direct, incidental, consequential, exemplary and indirect damages; and reasonable attorneys fees, resulting from or arising out of the following:
1. a breach of these Terms,
2. Content posted on the Site,
3. the use of the Services, by you or any person using your account or Birdpx Username and password,
4. the sale or use of your Store Images, or
5. any violation of any rights of a third party.
Birdpx, birdpx.com as well as but not limited to other Birdpx graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks; trademarks, or trade dress of Birdpx. Birdpx’s trademarks and trade dress may not be used in connection with any product or service without the expressed written consent of Birdpx. All images and icons available in the Birdpx icon pack may only used by partners, as well as third party sites in connection with providing appropriate links to the Birdpx Site.
Birdpx may at anytime at our sole discresion to terminate or suspend any and all Services; and/or your Birdpx account . This may be done without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account for any reason, your right to use our Services will immediately cease. If you wish to terminate your Birdpx account, you may simply discontinue using the Services as well at anytime. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your sole responsibility to remove all Content from your account prior to termination. Upon termination of your account Birdpx will automatically remove all Content posted to your account and has no liabilities in removing any and all Content.
No agency, partnership, joint venture, or employment is created as a result of the Terms; and you do not have nor will have any authority of any kind to bind Birdpx in any respect whatsoever. The failure of either party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. You acknowledge and agree that Birdpx shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Birdpx’s reasonable control. This includes and without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Birdpx may at anytime or at our discression transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Turkey, as if the agreement was made within Turkey between two residents thereof, and the parties agree to submit exclusively to the jurisdiction of Turkish courts for any dispures. Both parties also agree that the Terms is the complete and exclusive statement of the mutual understanding between the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms. It is also acknowledged and agreed that all modifications must be in a writing signed by both parties, except as otherwise provided herein.