InspirePix Terms of Service
Terms of Service November 3, 2024 These Terms of Service ("Terms") are used to adjust the legal relationship between InspirePix (hereinafter referred to as "this Website" or "InspirePix") and you (User). The Terms of Service govern the access, browsing and use of the Site by users ("user" or "users", as applicable); downloading and using the terms-content owned by InspirePix; and the services provided through the Site ("Service" or "Services", such as Be applicable). Access to and use of this website means that the user has read and accepted these terms and conditions without exception. Users may not use this website if they do not accept the Terms or have any objection to any part of these Terms. InspirePix may amend the Terms at any time, so we encourage users to review these terms on a regular basis. The dates at the beginning of these Terms are the latest updates to these Terms and Conditions, which will apply from the date of publication. Certain services provided through this website may be subject to certain conditions or instructions that the user must accept before providing the relevant services. These specific conditions may be imposed by InspirePix. Except for the terms, such specific conditions apply and, in the event of a conflict, this clause shall be superseded. Therefore, users must read and accept these specific conditions before providing the relevant services. Similarly, the privacy policy will apply to the collection and processing of personal data. 1. Purpose of Website Through the Website, the User can search visual content, like backgrounds, illustrations and images in any format (“Content”), as well as specific information related to such content. Search results may provide content owned by InspirePix ("InspirePix content"), content uploaded by third parties provided through the website ("contributor content") and other cooperative agency content ("agent content"). These contents will be distinguished in the copyright attribution of the work information. 2. Authorized Use of Website The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. InspirePix's personal account is for personal use only. For your account security, InspirePix will use technical means to limit frequent switching between multiple devices. The User will not interfere with the functioning of the Website or in the Services, in particular, will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by InspirePix. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes InspirePix's interests, without the express prior authorization from InspirePix. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website using any method or system not expressly authorized by InspirePix or which is not the ordinary method of accessing the Website. The User shall be responsible for ensuring prior to using the Services that the features of the Services meet the User’s needs and that has all requirements, equipment, and software necessary for this purpose and of any costs required for the use of the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms. The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from InspirePix. InspirePix’s enterprise account is allowed to be used and authorized in accordance with the corresponding binding of 2-person/4-person/6-person accounts. The commercial authorization of the enterprise account shall also not be allocated to any third-party company or individual in any way, in whole or in part, only for purchasers Used by the company. 3. Registration In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should InspirePix have reasons to suspect it, InspirePix reserves the right to suspend or cancel the User’s account. The User must protect and keep confidential the account password and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services. The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he/she should immediately inform InspirePix. InspirePix may suspend or cancel the account of the User if it considers that the User has breached these Terms. 4. Website Content Subject to your compliance with these Terms of Service, any applicable license agreement with InspirePix, and the law, you may access and use the Site. InspirePix remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Service. InspirePix may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in InspirePix’s sole discretion. InspirePix provides the Site on an "as is" and "as available" basis. All content on this Site, including but not limited to Images, and related metadata (collectively the "InspirePix Content"), as well as the selection and arrangement of the InspirePix Content, are protected by copyright, trademark, trade secret and other intellectual property laws and treaties. Any unauthorized use of any InspirePix Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and InspirePix, InspirePix does not grant any express or implied permission to use the Site or any InspirePix Content. You agree not to copy, republish, frame, transmit, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any InspirePix Content. In addition, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Site or InspirePix Content. Unless you enter into a license agreement with InspirePix you may not download, distribute, display and/or copy any InspirePix Content. When the non-subscription account to which you belong is downloading and using pictures, you need to mark the website link and creator attribution as required for its storage, publication, and provision on other social media or other services. You may not remove any copyright notices contained in the InspirePix Content. If you have any questions about any content or think it violates any rights, does not comply with these terms, or is inappropriate, you can follow the instructions in these terms to contact InspirePix, or follow the instructions provided. About trademark logo License The content submitted by contributors may contain trademarks and product appearances. Due to the regional nature of intellectual property rights and the massive amount of website content, InspirePix cannot determine whether the above trademarks and product appearances are protected by a monopoly in the country where you use them. They are only displayed as effects. Obtain the commercial authorization of the above-mentioned trademarks and product appearance through the license. The following are detailed information about the use of trademarks and product appearance: ● For personal learning use only. The legal rights and interests of the trademarks and product appearances contained in the content of our website are protected by the laws of different regions. Unless otherwise specified, you can only use it for personal study, research, or appreciation. The content cannot be modified, executed, published, or produced. , Transfer to any other person for any commercial purpose or external use, otherwise, you should replace the above trademark or product design (for example Facebook trademark, held by Facebook Technologies, Inc.). ● Follow the brand guidelines of respected organizations. Any use of yours shall not be carried out in the form of unfair competition, nor shall it detract from the brand value of others or damage the legitimate rights and interests of the right holder. 4.1 InspirePix own content`s usage InspirePix original material (labeled "Commercial Use" on the picture) is a work created by the InspirePix design team and InspirePix contract designer uploaded to the InspirePix platform. Members who have obtained InspirePix's commercial authorization can use original materials for commercial purposes, but are not allowed to sublicense the original works. If there is a portrait of a real person in the original work, the portrait will only be displayed as a template and the user should replace the portrait they are using. If the user can reach the portrait person and obtain permission for the portrait, the user can use the picture without replacing the portrait. No one can use InspirePix to download resources without permission from InspirePix; can't copy or imitate websites or non-InspirePix servers to create images, InspirePix logo, source code, and all page layout design, copyright is not authorized, can not be used for anything other than InspirePix website. InspirePix defaults to all users who enter the InspirePix homepage, carefully read the terms of this agreement and fully agree, please understand! 4.2 How to attribute InspirePix content? Free user can browse the image detailed page to click "How to attribute" to understand how to credit website and the rights. When the non-subscription account to which you belong is downloading and using pictures, you need to mark the website link and creator attribution as required for its storage, publication, and provision on other social media or other services. 4.3 What's the InspirePix's PRO License? Users only need to purchase a website plan to obtain the right to download the content's Premium or Enterprise license within the validity period. This is a single-seat license that authorizes only one natural person to license, download, and use the content. Unless you upgrade to a "Enterprise plan" account, no other person (including employees, colleagues) may use your account or use content authorized through your account. If you want to purchase authorized content for your principal, you will need to re-subscribe to a new account for your principal's eligibility.If you purchase the "Enterprise Plan", the number of people who have the license, download, and use content rights is limited to the number allowed by the enterprise subscription. InspirePix's back-end management page grants only a maximum of six access rights, usage rights, and other additional rights. If you need to visit more multiple natural persons, please contact customer service [email protected]. For the sake of clarity, if the user is in an employment relationship, the employer will be considered the licensed licensee. Please read these TOS again when purchasing any content licenses. InspirePix reserves the right to modify TOS at any time in its sole discretion.InspirePix will make reasonable efforts to notify you of such changes before such changes become effective. Such notices may be emailed to the email address registered in your InspirePix account, posted on this page or on your login page, and/or otherwise sent.Modifications to these TOS will only apply to future purchases.By issuing a license for such modified content, you agree to be bound by the modified TOS.Charitable non-profit organizations can use the content without requiring any license authorization in non-commercial situations. 4.4 Image content license scope ● Free users can use images in the following situations: The image content downloaded by free users and charitable non-profit organizations can use it without requiring any license authorization in a non-commercial situation, and the source must be indicated when using it. ● Personal Premium Plan authorizes you to use images in the following situations: This is an individual license authorizing one natural person to access the account in order to license and use images. The following is a legal agreement between you, as individual licensee (hereinafter as "you") and InspirePix. This agreement does not allow Legal Entity (Company) to purchase license. Such customers must use Enterprise plan and purchase licenses under Enterprise License Agreement. Purchasing any InspirePix or any premium plan can obtain the following authorization. InspirePix hereby grants you the non-exclusive and non-transferable permanent right to use (download image license agreement is required), modify (except for those expressly prohibited below), or copy the content expressly permitted by the applicable license and Global image literature subject to this agreement. The scope of application is as follows: 1. Use of digital copies of the Internet, including websites, online advertisements, social networks, electronic forms of mobile device advertisements, e-card, e-mail marketing and online media (Including YouTube, Dailymotion, Vimeo and other video sharing services) (Note: The content cannot be resold as online, and products are made for online sales) 2. Printed in the form of physical promotional materials, like posters, flyers, foldouts, letterhead paper and business cards; used for artwork packaging and labels, physical product packaging design, textile design and other packaging design; outdoor advertising 3. Use content as main element for the cover and illustrations for a publication (magazines, periodicals, articles, newspapers, novels, textbooks, books,e-books and e-magazines etc) 4. Basic Print on Demand (POD) Usage:POD services allow you to upload products/designs and only print/make them once the customer orders (e.g. RedBubble, Amazon Merch, Zazzle, etc) ● Enterprise Plan authorizes you and your Individual or Legal Entity (Company) to use images in the following situations: InspirePix hereby grants your Individual or Legal Entity (Company) non-exclusive, non-transferable permanent use rights (download image license agreement required), modification (except for the following expressly prohibited) and copy the content as applicable The license expressly permits and is subject to the global image literature of this agreement. (Including but not limited to individuals, companies, branches, partnerships, businesses, factories, educational/training institutions/schools, financial entities, government agencies, medical institutions, and community organizations, such as retail shops, enterprises, engineering firms, industrial societies, studios, restaurants, and workshops, etc.) The Enterprise plan grants you and your employees the right to use images: 1. Use of digital copies of the Internet, including websites, online advertisements, social networks, electronic forms of mobile device advertisements, e-card, e-mail marketing and online media (Including YouTube, Dailymotion, Vimeo and other video sharing services). 2. Printed in the form of physical promotional materials, like posters, flyers, foldouts, letterhead paper and business cards; used for artwork packaging and labels, physical product packaging design, textile design and other packaging design. 3. Use as mural decoration/decoration design. 4. Prints for resale (poster, greeting cards, postcards, calendars, business cards, etc.); Prints on merchandise for resale (textiles, mugs, stationery, t-shirts, hats, clothing, puzzles, phone cases, etc.). 5. Used for outdoor advertising (buildings, car bodies, light boxes, enclosures, shop windows, outdoor billboards, evening parties, conferences, display in public places). 6. Use as main element for the cover and illustrations for a publication (magazines, periodicals, articles, newspapers, novels, textbooks, books,e-books and e-magazines,etc) as we understand this as a secondary element of your product. 7. Products can be used for Basic Print on Demand (POD) . Basic POD will require alteration to products so it does not compete with the original product. (Allow to generate unlimited sales via POD sites). 8. Full Print on Demand (POD) Usage:All designs in our Full POD library can be used as-is on Print on Demand sites. You do not need to modify the design in any way, but can simply upload it to the POD site. When your subscription ends, you will have to stop selling the files downloaded as part of your subscription. Note:The scope of these authorization rights and the printing and distribution restrictions allowed are differentiated according to the type of corporate membership. For details, please refer to the display on this website. If you still have doubts about the license of Enterprise, or the scope of the license does not match the rights you need, please contact customer service. (Email:[email protected]) 4.5 Restrictions on the use of image content You cannot: 1. Use image content other than the image content explicitly provided by the license you purchased in connection with such image content. 2. When depicting any character ("model") portrayed in the content of the picture, the way it is portrayed makes the normal person feel offended, including but not limited to portraying the model as a) with obscene works, "adult video", adult entertainment venues , accompanying services, dating services or similar content; b) related to advertising or promotional activities of tobacco products; c) participation in political activities (such as any political parties, candidates, elected officials, advertising, or support activities), or involving Any political policy or opinion; d) suffering from or being treated for physical or mental illness; or e) participating in unethical or illegal activities. 3. Use any image content in obscene works, defamatory content or false content, or in ways that would be considered defamatory, obscene, or illegal. 4. Resale, redistribution, access, sharing or transfer of any image content or rights, except as expressly provided herein. For example, but not limited to, the content is prohibited from being displayed as a "library" of the content (or a component thereof), such that the third party can search for and select from the content. 5. Use image content in a manner that infringes the trademark or other intellectual property rights of any third party or results in fraudulent advertising or unfair competition claims. 6. Use any image content (in whole or in part) as a trademark, service mark, logo or other marks of origin, or as part of the above use. 7. Falsely or reasonably implied that the content of the image is created or claimed to be the copyright of the work by someone other than you or the copyright holder of the image content. 5. Tort inspection / DMCA Notice If you believe that any images or other materials provided by InspirePix infringe any copyright you own or control, you may notify InspirePix in the manner set forth in our DMCA Copyright Infringement Notice. 6. Responsibility The User acknowledges and agrees that the User assumes the risk of using the Website and its services at his own risk and that the User is solely responsible for the misuse or use of the Terms. The User will be liable for any damages incurred by InspirePix to the User's use of the Site and Services in violation of these Terms and shall accept any liability that InspirePix may be liable for in violation of these Terms. InspirePix does not guarantee the availability or continuity of the website or service, nor does it guarantee its reliability, quality, completeness, accuracy or suitability for a specific purpose or activity. As an example and not a limitation, InspirePix is not responsible for any damage caused by: ● Not disruption of InspirePix's responsibility, viruses, technical issues, interference, omissions, unavailability, power outages, telecommunication networks or user equipment failures. ● Websites and services are delayed or unavailable due to defects or traffic overload in the Internet, communication network or power grid. 1. Third party action. 2. Any other event besides InspirePix direct control. In addition to InspirePix's intentional misconduct, as well as the nature of the user involved or the nature of the problem, the applicable law stipulates that liability cannot be limited by agreement, the risk of using the website and services by the user and InspirePix is not due to the use of this website and services. Responsible for any damage caused by the user. InspirePix acts as a provider of intermediary services between collaborators' content offers and users who intend to download them, and does not bear any responsibility for this content, unless clearly stated in the applicable legal statement. According to the above section 1 concerning third-party content and sponsored content, InspirePix only acts as a search service provider at the request of users and does not assume any responsibility for search results. The insertion of a link in the service does not mean that InspirePix has any relationship, recommendation or supervision to the linked website. Therefore, the company does not bear any responsibility for the content of the linked website except for the following circumstances: applicable laws. InspirePix will make reasonable commercial efforts to ensure the accuracy of keywords and descriptions, and the logo content is for editorial use only or any equivalent expression. However, InspirePix does not guarantee nor make any statements about any keywords, titles or descriptions; or any visual content logo or lack of logo, which is for editorial use only. Therefore, although there may be other limitations of liability according to these terms, InspirePix will not compensate or assume any liability for any claims arising from incorrect keywords, titles or descriptions or the use of visual content as determined for editorial use only. 7. Conditions of the subscription The terms in this section ("Order Terms") apply to any order placed on the Site. Upon completion of any purchase of the order, the user shall be deemed to have read and accepted the terms of the order, without exception. If the user is interested in purchasing any subscriptions, they must follow the instructions on the website from time to time. A subscription to InspirePix-selected content is available on the website, including information, prices, and conditions (Including but not limited to the daily limit on InspirePix content download). InspirePix may modify the subscriptions provided at any time to provide new services (these subscription terms will apply unless otherwise stated) or discontinue any services. Subscriptions are personal subscriptions and may not be transferred to third parties. Except for users, no third party may be permitted to use InspirePix content (including as a third party, a subsidiary or entity belonging to the same group company for these purposes). InspirePix reserves the right to modify the price of any subscription at any time. In order to optimize your user experience, the website price display and amount payment may be matched according to the country you are in. InspirePix shall apply the price specified on the website when the user submits the order. 7.1 Purchase method and invoice Users should pay in advance by Paypal or credit card and other convenient payment methods provided by InspirePix, as described on the website. To purchase and pay for a subscription, users should follow the instructions on the website. Processing payment information and data via Paypal or credit cards and other convenient payment methods provided by InspirePix are done on a third-party website. When ordering any order, the user authorizes InspirePix to charge the appropriate price via the selected payment method. The subscription can only be activated after InspirePix has received payment or payment from the relevant financing entity. After that, the order is valid for the period of purchase by the user. Since InspirePix content is digital content, the right to cancel is not applicable but does not affect the warranties set forth in the applicable consumer regulations. After purchasing a subscription, users can benefit from the following: ● The service includes the use of the content without tagging the author/website. The remaining conditions stated or mentioned in Section 4 still apply. ● Use this website without displaying advertisements. ● From time to time, it is subject to restrictions applicable to the number of downloads of content and does not affect certain restrictions on the number of downloads intended to prevent fraud or abuse of this website. Regarding automatic renewal:Unless otherwise stated in the subscription terms, the subscription does not cancel the subscription before it expires, and the default user agrees to automatically renew its subscription when it expires. InspirePix shall use the same initial payment method to charge the corresponding price. Invoices:Users can apply to download the invoices specified on the website within the membership period after payment. Since InspirePix content is digital content, the cancellation right does not apply, but it does not affect the guarantees stipulated in the applicable consumer regulations. InspirePix may modify the content of the website or service at any time without assuming any responsibility to the user, restrict or modify the conditions or stop providing some or all of the available services and functions, or deactivate and delete all or some user accounts and their corresponding information. However, InspirePix will abide by applicable laws and regulations, keep records related to certain transactions for a certain period of time, or refund the valid subscribers at the time, and deduct part of the price that has not occurred before. 8. Legal jurisdiction and other These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. These Terms of Use will not be interpreted or biased towards either party but will be interpreted in the sense of the text. Any invalid or unenforceable part of these Terms of Use shall not affect the validity or enforceability of the remainder.