General Terms and Conditions
I. Contracting Parties
mr.pixel s.r.o., with its registered seat in Mikovcova 5, 120 00 Prague 2, is a company registered with the City Registration Court, Prague, under Section C, insert no.132328 as a trading company.
End-User – at the initial stage of the business relationship, the End-User will hand over to the Seller the contact data necessary for execution of the order, or any additional data the Buyer wishes to have appear in the bill of sale.
Any Legal obligations between the Seller and the Customer not specified in these GTC are governed by Civil Code Act No. 40/1964 Coll.
II. Credit order processing
- The Customer will register an account and sign in. After creating the user account, the Customer will be provided with unique access to the CMS, where he/she can manage all the contact details, change the password, order credit and track the orders and invoices issued.
- The Customer takes full responsibility for any changes and orders made through his/her user account. All orders made via the e-shop are deemed to be confirmed.
- The Customer confirms knowledge of the GTC and, by virtue of the act of registering the account, he/she agrees to the GTC.
- The Customer agrees to the collection of his/her data (see: Personal Data Protection) by registering in the system or by placing the valid order.
III. Warranty conditions
- No warranty is granted with the commodity (photographs) which the Seller offers and sells. In accordance with Act. No. 367/2000 Coll. Civil Code, the two-week return warranty is granted only to commodities which are physically distributed/delivered.
- There is no return warranty for electronically distributed photographs.
IV. Seller’s rights and duties
- The Seller is obliged to process the order and add credit to the Customer’s account within 24 hours of payment of the invoice.
- The Seller declares that all personal data are deemed to be confidential and will only be used in the execution of the contract with the Customer and these data will not be made public or provided to any third parties, with the exception of data needed for the transportation of the goods or the method of payment concerning the goods ordered (use of name and shipping address).
- The Seller is obliged to delete the Customer from the database if the Customer so requests.
- The Seller is entitled to cancel the order if the advance payment (bank transfer, PayPal etc.) is not made on the due date.
V. Customer’s rights and duties
- The Customer undertakes to enter the correct and true information on the registration form.
- The Customer may not act on behalf of third parties unless he/she has permission to do so.
- The Customer undertakes to pay for the credit ordered. The full price is shown before the order is finally submitted.
- The Customer is entitled to be deleted from the database if he/she so requests. The Seller undertakes to do so. This does not include information required for book-keeping.
VI. Photograph downloading
- The Customer must register before downloading any photograph.
- The Customer may download all photographs direct from the website.
- After logging into the account, the Customer will see the price displayed in the photograph details.
- The sizes of photographs offered by the Seller are Small 1024 x 768px - JPG, Large 3072 x 2304px - JPG, RAW 6480 x 4856px - DNG.
- Single purchase – the Customer may purchase credits and use them to download any image. The number of credits required for the download will be displayed in the photograph details.
- Unique purchase - the image will be deleted from the database after purchase by the Customer. This means that no more customers may download the purchased image. This does not mean that there was no previous download of the image. The number of previous downloads is shown in the image details.
VII. Photograph licences
- All photographs are subject to a Royalty-Free licence.
- Royalty-free means that, in most circumstances, an image may be used without having to pay royalties to its creator. Under a standard royalty-free licence, a photograph or illustration may be used for private and professional creations and applications such as on a website or in print advertising.
- The licence does not cover permission for the photograph or illustration to be used for commercial purposes. For example, the Customer may not use the photograph on a coffee mug or T-shirt and then sell it for profit. The Customer may not sell the image itself either.
- Royalty-free does not mean that the Customer may just select an image and use it free or charge. The creator of the image always retains the copyright to his creations, including the option to distribute it himself or permit others to redistribute it.
- By downloading the photograph, the Customer confirms and agrees to the licence.
VIII. User accounts
- The Seller provides three (3) types of user accounts - Free Account, Standard Account, Pro Account.
- Registration into the system is free. The Customer only has to pay a membership fee for the Standard Account and Pro Account options.
- Free account – the Customer does not have to pay a membership fee. The size of the images the Customer may download free or charge is 1024 x 768px. The Customer has to pay for downloading any other size of image. There is no download limit with this account.
- Standard Account – the Customer has to pay for membership (according to the price list). The sizes of images the Customer may download free or charge are 1024 x 768px and 3072 x 2304px. The Customer has to pay for downloading the RAW size of image. There is a download limit of 15 images per day.
- Pro Account – the Customer has to pay for membership (according to the price list). The sizes of images the Customer may download free or charge is 1024 x 768 px, 3072 x 2304px and 6480 x 4856 px. There is a limitation of 15 images per day download. Standard Account – the Customer has to pay for membership (according to the price list). The sizes of images the Customer may download for free is 1024 x 768px and 3072 x 2304px. The Customer has to pay for downloading the RAW size of image. There is a download limit of seven images per day.
- mr.pixel shall be under no obligation to refund your subscription fee under any circumstances. However, in the event that mr.pixel determines that you are entitled to a refund of all or part of your subscription fee, such a refund will only be made to the credit card account used by you to purchase your subscription originally.
- Neither mr.pixel, nor any of its officers, employees, managers, members, shareholders, directors or suppliers, will be liable for any damages, whether direct, indirect, consequential, or incidental, arising from or relating to the use of, or the inability to use, the sky-textures.com website or any image or images.
- If you enter into this agreement on behalf of your employer or other entity, you confirm and represent that you have the full right and authority to do so. In the event that you do not have such an authority, you agree that you will be held to be personally liable to mr.pixel for any breaches of the terms of this agreement.
- The number of image downloads available to you is determined by the membership you purchase. For the purposes of this agreement, a day is defined as the twenty four (24) hour period beginning at the time at which your subscription is purchased. A month is defined as thirty (30) consecutive days beginning on and including the date on which you purchase your subscription.
- In the event that the Customer breaches any of the terms of this or any other agreement with mr.pixel, mr.pixel shall have the right to terminate your account without further notice. Such termination shall be in addition to mr.pixel's other rights in law and/or equity. mr.pixel shall be under no obligation to refund any fees paid by you in the event that the Customer's account is terminated as a result of any such breach or breaches.
- mr.pixel makes no representations or warranties whatsoever as to the legality or validity of the Customer's use of any image or any release associated with an image. The images and any storage media and accompanying materials (if applicable) are provided "as is", without a warranty of any kind, either express or implied, including, but not limited to, the implied warranties of non-infringement, merchantability or suitability for a particular purpose.
- mr.pixel grants no rights and makes no representations or warranties in respect of the use of any names, trademarks, service marks, logotypes, copyrighted designs or works of art or architecture depicted in any image. It is the Customer's responsibility to ensure that all the requisite rights, consents or permissions which may be required for the use of any images are obtained.
- mr.pixel makes no guarantee that the image(s), sky-textures.com websites or other materials will meet the Customer's requirements or that use will be uninterrupted or error-free. The entire risk as to the quality, performance and use of the image(s) lies solely with the Customer.
- The Customer understands that he/she should seek competent counsel before using images in connection with any goods or services or for any other commercial purposes.
- mr.pixel shall not be held liable to the Customer or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, lost profits or any other damages, costs or losses arising from the Customer's use of the image(s), mr.pixel's breach of this agreement, or otherwise, even if mr.pixel has been advised of the possibility of any such damages, costs or losses. In no event shall mr.pixel's total aggregate liability to the Customer, or to any third party claiming through the Customer, arising from or in connection with the Customer's use of or inability to use the sky-textures.com website and/or image(s) contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by mr.pixel from you for your use of the applicable image(s).
- In the event that the Customer makes use of fraudulent credit card information to open an account, mr.pixel shall not be held liable for this form of criminal behaviour.
X. Final provisions
- These General Terms and Conditions are effective as of 20.11.2009 and supersede all previous provisions and practices. The Seller reserves the right to change these General Terms and Conditions without prior notice.
- These business terms are determined in accordance with and are governed by Act No. 40/1964 Coll. Civil Code, as amended by Act No. 136/2002 Coll. and Act No. 320/2002 Coll. and subsequent Act. No. 634/1992.