This document is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules thereunder and the amended provisions relating to electronic documents /records in various statutes as amended by the Information Technology Act, 2000. These terms do not require any physical, electronic, or digital signature.
ThePixStreet.com is available to Internet users.
The ones who use and access the Website will be automatically considered as Users. Therefore, both physical persons who use the Website as end user and legal persons who use it as part of their professional activities in relation to the services ThePixStreet offers to the professionals of the photography/videography sector.
ThePixStreet reserves the right to modify, without any prior notice, the content of the terms of Service and therefore recommends that Users thoroughly read the texts contained therein before accessing and using any services of the Website.
Moreover, ThePixStreet reserves the right to modify, without any prior notice, the design, presentation and/or configuration of this Website, as well as any or all of its services or features, being able to remove or add them at their judgment.
In this regard, ThePixStreet puts all professionals related to photography and individuals/businesses in touch through the Website, placing at their disposal interaction tools, offering providers an objective public interested in the products and services they provide, and offering individuals/business the providers of photography related to their personal or business photography needs.
ThePixStreet may, without prior notice, delete contents from the Website contrary to enforceable law or which would or could violate the rights of third parties, as well as contents that may be considered inappropriate or inadequate or that fail to meet the minimal desired quality standards.
The User acknowledges that it is not technically possible to achieve 100% Website availability. However, ThePixStreet will endeavour to maintain the Website available as constant as possible. In particular for maintenance, security or capacity reasons, as well as a consequence of events over which ThePixStreet has no control, (for example, failures in public communication networks, power failures, etc.), may cause brief anomalies or temporary suspension of the Services of the Website.
1.3. Obligations of the Website Users
Users who access the Website as professionals of the sector and who use the website to offer their professional services explicitly undertakes to comply strictly with all and any regulations directly or indirectly affecting its activity and the professional development thereof, explicitly exempting ThePixStreet of any possible liability arising from the Client’s failure to perform any of its obligations. In this regard, ThePixStreet may carry out the necessary investigations and request the documentation it deems appropriate to verify compliance with these obligations. ThePixStreet reserves the right to deny access to the Website to those users who do not provide the requested documentation or who deliberately hide it and fail to comply with the applicable regulations.
The use of the password is personal and non-transferable, the transfer, even temporary, to third parties is not allowed. In this regard, the User must take the necessary measures for the custody of the chosen password preventing third parties from using it. Consequently, the User is solely responsible for the use of their password and ThePixStreet is fully indemnified. In the event that the User knows or suspects that their password has been used by third parties, they must bring this to the attention of ThePixStreet as soon as possible.
All the information provided by the User, via any of the available methods, in order to receive the services provided by ThePixStreet must be truthful and accurate. For this purpose, the User guarantees the truthfulness of the data they have provided by completing forms or answering requests made by ThePixStreet which are necessary for the subscription of the Services.
Moreover, it shall be responsibility of the User to maintain all information provided to ThePixStreet constantly up to date and adapted in each moment to the actual situation of the User. In any case, the User shall be solely responsible of any false or inaccurate statements it makes and the damages those may cause to ThePixStreet or third parties.
The User agrees to respect the applicable laws and the rights of third parties when using the contents and services of the Website. Moreover, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of the Website, (texts, designs, graphics, information, databases, sound files and/or images, logos, etc.), and other elements of this Website, is expressly forbidden without prior authorization by its legitimate owners or when permitted by Law.
In particular, the User is forbidden from: using libellous or slanderous contents, regardless of whether that content affects other users or individuals or companies, using pornographic content or contents that violate the laws on the protection of minors, advertising, offering or distributing pornographic products or products that violate the laws on the protection of minors, disturbing other users, (especially through spam), using legally protected contents (e.g. by laws on intellectual property, trademarks, patents, utility models or aesthetic models) without being entitled to do so or advertise or offer or distribute legally protected goods or services, as well as perform or promote actions contrary to free competition, including those aimed at progressive customer acquisition (as a chain system, snowball or pyramid scheme). Moreover, Users are prohibited from promoting goods and services that lead to their own benefit or that of persons related to them.
The User is prohibited from performing, by way of example but not limitation, the following actions:
- Use mechanisms, software, or scripts in relation to the use of the Website.
- Block, overwrite, modify, or copy, unless necessary for the proper use of the services of the Website..
- Spread and publicly reproduce contents of the Website or of other users, without prior authorization.
- Any action aimed at jeopardizing the functionality of the ThePixStreet infrastructure, especially overloading it.
- Insert comments or Contents outside the object and purpose of the Website.
- Insertion of contact information in fields other than those that exclusively request such information. The Website reserves the right to edit any content that contravenes this obligation.
The user is aware and voluntarily accepts that the use of the Website and the services provided through it occurs in all cases under his sole responsibility.
Users are liable for damages of any kind that ThePixStreet or any third party may suffer as a result of the breach of any of the obligations to set forth herein or by the law in relation to using the Service.
ThePixStreet shall not mediate in conflicts between users or between users and third parties that may interfere with the proper provision of its services and reserves the right to remove them from the Web Site or to cancel any existing contract, where applicable, until any dispute or disagreement has been completely resolved.
1.4. Obligations related to the insertion of content into the Website
By including information, text, audio, video and/or images /visuals on the Web Site (hereinafter the “Content”), the User declares to be the legitimate holder of the intellectual property rights of such Content for the reproduction, distribution and public communication thereof by any means or through any form of support, extending internationally for everyone and with complete legal validity with the intention of protect such rights.
In this regard, the User declares to have sufficient rights for the insertion of the Content on the Website and expressly exempts ThePixStreet for any claim that may arise for it from this circumstance. Users are solely responsible for obtaining any authorization, permit or license required for the completion and publication of the Content.
ThePixStreet does not allow the inclusion of content that, in its opinion, reduces the quality of service. It is prohibited to include contents that:
- Are allegedly unlawful under national, EU or international regulations or is allegedly conducting illegal activities or contradict the principles of good faith.
- Do not meet the minimum quality standards established in ThePixStreet for the presence on the Website.
- Violate the fundamental rights of individuals, search for the weaknesses of the user, show bad online manners, disturb and/or can or seek to generate negative opinions in users or third parties.
- Contradict the principles of legality, honour, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual property rights.
ThePixStreet reserves the right to remove any Website content it deems inappropriate for the character and purpose of the website and users without any prior notice. It also reserves the right to modify and / or adapt content, if necessary without any prior notice, without thus affecting the integrity of the contribution, in order to adapt it to the formal requirements and the quality of the Website or the media on which such content may appear, according to the provisions of the General Terms.
Although ThePixStreet uses media to try to ensure that the contents do not violate the foregoing prohibitions, and that they meet the quality parameters of ThePixStreet and the rules contained herein, it is not able to control each and every one of the published contents and is therefore unable to assume responsibility for them.
If a user notices any inappropriate content on the website, they may contact ThePixStreet through our Customer Care service: [email protected]
With regard to contents involving minors, ThePixStreet expresses its willingness to promote the proper use of Internet. It also declares its desire to avoid the practice, the dissemination of messages or images of illegal nature or such that may or cause harm to human dignity, the safety or the values of protection of children and youth.
The website acknowledges, respects and protects the rights of minors in the context of protection of youth and children both nationally and internationally.
In accordance with the provisions of the regulations in force, it is considered to be an illegitimate interference in the right to honour, personal and family privacy and self-image of the child, any use of their image or name in the media that may cause damage to the child’s honour or reputation, or that is contrary to their interests even if the child or their legal representatives have given their consent.
In this regard, any user who includes on the Web Site Content able to infringe the rights set forth in the preceding paragraph shall be immediately removed and their behaviour reported to the relevant government agencies.
For this purpose, the users are reminded that pursuant to the regulations in force, anyone who uses a minor for the purposes of or in exhibitionist or pornographic performances is punishable by imprisonment of one to three years.
Notwithstanding the foregoing, the inclusion on the Website of personal data of minors and, in particular, their image, implies the explicit and unreserved statement of the User who made the insertion that:
- They own the rights to use the image or data of the minor.
- Insertion of the said data does not harm the minor in any way nor violates any of their rights.
- ThePixStreet is expressly exempted from any possible claim arising out of this, assuming the user who inserted the information full liability with regard to such claim.
Any Content provided by users will become part of the composite work that is the Web site as an object of intellectual property rights, whose sole shareholder is ThePixStreet. In this regard, the User who contributes any Content expressly states that they give freely and free of charge a license to the Content provided to ThePixStreet and any intellectual property rights on it and in particular the rights of reproduction, transformation and public communication for everybody and during the legal period of protection thereof.
1.5. Responsibility and distribution of content, data and / or user information
ThePixStreet can use and spread the content that users have contributed to the Website and, in particular, will be able to broadcast them in any of the websites or social networks in which ThePixStreet is present.
For this reason, ThePixStreet may modify or adapt the content if necessary, in order to respect the graphic design of the Website or other media of communication used on the ThePixStreet platform without such modification or adaptation be respectful of the integrity of the provided content. These rights or licenses of use are granted for everybody and during the legal period of protection of the rights of the user.
ThePixStreet has no obligation to monitor the use made by Users of the services provided by it and therefore cannot guarantee that users use them in accordance with the provisions in these Terms, or use them diligently or prudently.
Similarly, ThePixStreet has no obligation to verify the identity of the users or the accuracy, validity, completeness and/or authenticity of the data that users provide about themselves, as the latter assume all responsibility with regard to providing ThePixStreet with real information that corresponds to the actual situation of the User who provided it, as ThePixStreet informs herewith.
Notwithstanding the foregoing, ThePixStreet reserves the power to restrict, totally or partially, the access of certain users, and to cancel, suspend, block, edit, or delete certain type of content, or cancel the accounts of users who misuse the Website or if ThePixStreet acquires actual knowledge that the activity or stored information is unlawful or harms property or rights of another, using suitable technological tools for this purpose,. In this regard, ThePixStreet may set up the necessary filters to prevent that illegal or harmful content or content used for purposes contrary to the purposes of the website spills into the network through the service.
Users may submit suggestions or proposals for the improvement of various information, activities and / or content and / or services enabled on the Web site, contact the Wedding Customer Care service by clicking here. Any new feature developed on the basis of a suggestion from a User shall be fully owned by ThePixStreet and the User shall hold no rights over it.
1.6. Disclaimer of warranties and liability
Similarly, despite putting the technical means at their disposal, ThePixStreet does not guarantee the availability, continuity or infallibility of the operation of the Website, and therefore excludes, to the maximum extent permitted by law, any liability for damages of any kind that may be due to lack of availability or continuity of the Website and the services enabled therein, as well as errors in accessing the different web pages or those from which the services are provided.
ThePixStreet shall not be liable for the contents, data and / or information provided by users of the website, nor for the contents of external websites to which it links. In particular, ThePixStreet does not guarantee that these contents are true, meet a specified purpose or serve that purpose.
Moreover, ThePixStreet shall not be responsible for the opinions expressed by users using the portal, forums, communities, or other tools of participation or opinion. Without limiting the foregoing, ThePixStreet shall use the means at its disposal to moderate as much as possible the opinions expressed by users on the Website, in order for them to not violate the rights of third parties.
Finally, ThePixStreet assumes no liability of any kind in relation to the success of possible transactions conducted between users.
1.7. Links to third party websites
ThePixStreet includes within its contents links to sites owned and / or managed by third parties in order to facilitate access to information available through Internet. These links may be linked or not indicated web sites.
ThePixStreet assumes no liability for the existence of links between the content of this site and contents located outside the site or any other reference to contents external to this site. Such links or references are for information purposes only and in no way imply support, approval, commercialization, or any relationship between ThePixStreet and the persons or entities and / or managers of such contents or sites where the information is found.
1.8. Law and Jurisdiction
For any questions which may arise or actions arising from the provision of services and contents by the Website and the interpretation, application, fulfilment or breach of the provisions herein, ThePixStreet and the User, expressly waiving any other jurisdiction that may apply, submit to the jurisdiction of the Courts of the union territory of New Delhi
ThePixStreet offers its Users the Community service so that individuals/businesses in the process of hiring photographers can exchange views and comments on all services associated with the celebration. In no case does ThePixStreet allow the use of the Community in particular and the Web site in general as a platform or promotional support for professionals, particularly when these professionals are personally linked to any user and it is the user who was promoting. It is also prohibited to use the Community for mass contacts between users. ThePixStreet has the technical means to detect and remove, if necessary, such mass mails.
The use of this service by users is conditioned upon the completion of the registration form within the Community and the prior acceptance of the legal conditions of the website, as published by ThePixStreet, at the very moment in which the user accesses the service.
The use of the Community is also subject to all notices, use regulations and instructions made available to the User by ThePixStreet.
The use of the Community Service is limited to Users of the Website who are active members in it, using it for hiring photographers for a personal/business events across various industries who have a file on the Web Site. Notwithstanding the above, the main purpose is to facilitate the individual/business hire a photographer/videographer and other professionals related to photography field, and to serve as a platform or promotional support to professionals in the photography industry. However if one is found make violation of any other terms and services, ThePixStreet reserves the right to restrict or terminate access to the Community to those users who make improper use of it.
ThePixStreet encourages its members to view the conditions each time they use the Forum service as they may change.
If the user decides not to accept the present legal conditions, and / or any future conditions and notices that may be forwarded by ThePixStreet must refrain from accessing and / or using the Forum Service offered.
The User that participates in the Community accepts that all content that they publish will be known to the rest of the participants in the aforementioned Community.
2.2. Purpose and Description of the Service
The purpose of these conditions is the provision of the Community service through the Web Site. Users, for free and after validation of the previously assigned username and password, can interchange, access, respond to messages and, in general, talk with other service users in order to express opinions and exchange views about information, activities and / or services that are already included in the Web Site or which can be accessed from it, as well as related issues.
2.3. Access to the Community Service
The service is accessed using a username and a password or a transferable personal key chosen by the user. The user assumes the consequences for the breach of confidentiality and misuse of keys and access codes.
The service can be accessed freely by people over 18 years of age. Access to minors is restricted(until and unless they are Models)
2.4. Obligations of the Users
The User agrees not to use the service for illegal purposes, contrary to the provisions of these Legal Terms and Conditions of the Website, harmful to the rights and interests of others, or in any way able to damage, disable, overload or deteriorate the service or prevent the normal use or enjoyment of the service by other users. In particular, by way of example and not limitation, it is hereby prohibited to transmit, distribute or make available to third parties, through the service, any information, messages, graphics, sound files and / or images, photographs, recordings, software and, in general, any kind of material, data or content that:
- In any way harass, stalk, threaten or abuse other members of the Community or any third parties external to it.
- Incorporate obscene or objectionable content or such that may offend the sensibilities of any third parties who may access them.
- Disseminate contents that may infringe or violate the rights of users or third parties, such as defamatory content or content that infringes any intellectual or industrial property rights.
- Are published with the intent to impersonate team members of ThePixStreet or another user using similar identification or any other method or device.
- Are used for commercial, advertising or unlawful purposes; as well as for the transmission of junk mail, spam, chain letters or unsolicited mass distribution of messages.
- Infringe regulations on privacy of communications.
- The sale, promotion and distribution of products or services through the ThePixStreet Community platform is expressly prohibited. Promoting professional activities related directly to a user by that user or relatives is also prohibited.
On the other hand, ThePixStreet reserves the right to remove and / or suspend any user services for breaching the provisions of the legal conditions, and to eliminate, remove and / or suspend any message that incorporates information with the characteristics listed, and even if it is not listed there, without prior or further notice and may even deny access to the user who is author of the message if, at the discretion of ThePixStreet it breaches any of the objectives of the Community.
2.5. Content inserted by users
The messages and Content provided by the Users in the Community exclusively contain the opinions and experiences of the senders and their content is solely and exclusively the responsibility of the Users who incorporate them in the Website.
ThePixStreet is not in any way responsible for the messages sent by their users and the latter explicitly exonerate ThePixStreet from any liability for damages of any nature arising from both the message content and from the knowledge that third parties may have regarding the conditions, characteristics and circumstances of use of the service made by the users or that could be due to the access and, where appropriate, the interception, removal, modification or manipulation by third parties authorized or not, of the messages that Users disseminate or make available to third parties through the community service, although ThePixStreet undertakes to make available the tools necessary to prevent that the participation of Users in the Community does not prejudice or violate the rights of third parties.
2.7. Personal Data
ThePixStreet informs its users that it will process the personal data according to the terms of the Website’s Policy for the Protection of Personal Data in accordance with regulations.
Also, the user expressly allows for the opinions and content contributed to the Website to be found and accessed by Internet search engines. Notwithstanding the above, there are discussion groups that, due to their strictly confidential and intimate content, as determined by ThePixStreet, will not be accessible by these search engines, and neither will the personal profile of users be accessible.
Users guarantee the truthfulness, accuracy, validity and authenticity of the Personal Data provided, and undertake to keep them updated.
2.8. No license
ThePixStreet authorizes the User to use the intellectual and industrial property rights to the software that allows the execution of the services that make up the Service only as provided for in these Conditions.
Notwithstanding the foregoing, ThePixStreet grants no license or authorization of use of any kind on its intellectual property or any other property or right related to the Community Service or the Website itself or on the contents of the Website’s Intellectual Property Rights Statement that the users can find in the legal conditions.
2.9. Applicable legislation
These Terms are governed in each and every one of its clauses by the laws applicable in India.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All exploitation rights are reserved.
This Website is governed by Indian laws and is protected by national and international legislation on intellectual and industrial property.
The texts, designs, images, databases, logos, structure, brands and other elements of this site are protected by laws and international treaties on intellectual property.
Any reproduction, transmission, adaptation, translation, modification, public communication or any other use of all or part of the contents of this site, conducted in any form or by any means, electronic, mechanical or otherwise, is strictly prohibited without prior written authorization by ThePixStreet or other owners. Any infringement of these rights may lead to extra judicial or judicial civil or criminal proceedings.
ThePixStreet does not grant any license or authorization of use of any kind on its intellectual property or any other property or right related to the Web Site, the services or the contents.
The User authorizes ThePixStreet to use free of charge their logos, trademarks and Contents provided to Web Site for the provision of the contracted services. The user also authorizes ThePixStreet to use these logos, trademarks and content free of charge in all sections of the Website as well as in the social networks in which ThePixStreet is present, always indicating the source.
The User expressly states that none of the contents provided to ThePixStreet violates any industrial or intellectual property rights or any other rights of third parties, explicitly exonerating ThePixStreet with regard to any claim relating to this matter made by any third party and assuming full responsibility for these acts.
The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by users is the sole responsibility of the latter, expressly exempting ThePixStreet from any possible claims brought forward by third parties.
For the purposes of protecting the intellectual property rights, in the event that any user or third party considers that there has been a violation of their legitimate rights caused by the introduction of certain content on the website, they should notify in written to [email protected]
- Personal identification information of the holder of the allegedly infringed rights. If the claim is submitted by someone other than the person concerned, they should indicate their right to represent the actor.
- The contents protected by intellectual property rights and their location on the web.
- Proof of existence, owner ship and validity of said intellectual property rights.
- Explicit statement in which the interested party takes responsibility for the accuracy of the data and information provided in the notification referred to herein.
Non discrimination Policy
ThePixStreet wants all individuals/businesses and photographers to feel welcome and included on its Web sites, applications, and tools
Accordingly, ThePixStreet prohibits discrimination against individuals, businesses, couples, guests, photographers, Studio owners, vendors, or employees of ThePixStreet based on race, colour, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law.
Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics.
If you experience discrimination with any user or photographer, please contact [email protected]
ThePixStreet.com, with the subject Non-discrimination Policy, so we can investigate and take appropriate measures.
4. Conditions of use of ThePixStreet Online Chat Service
- Following conditions regulate the access and use of the Online Chat Service that ThePixStreet offers its Users to provide support within the framework of the use of the website
ThePixStreet with the goal of optimizing the User experience in the search for vendors .
The ThePixStreet Online Chat Service can be used for query related to the services.
The terminology used in these particular-conditions refers to the following concepts:
Through the use of the Service, the Users accept the Legal Conditions of the Web Site, as well as these particular conditions, aforementioned. The Service offers Users assistance via chat and/or phone communication from Support with the objective of guiding them and accompanying them in an optimized use of the Web Site in accordance with goal detailed above in the definition of Particular conditions
For this purpose, ThePixStreet Support contacts users via chat and/or the phone number provided by the Users through any method used on the Web Site, with the purpose of providing assistance in the use and, particularly, in sending inquiries to those professionals in which the Engaged Couples could be interested, according to the information gathered by ThePixStreet Support. By providing a phone number to ThePixStreet, the User is consenting to ThePixStreet using that phone number to contact the User and, to that the User is interested in contacting professionals, the User also consents to ThePixStreet providing that phone number to the professionals.
- Web Site: www.ThePixStreet.com
- Service: Photographers, Studio and their onboarding
- User: User of the Service and, consequently, of the Web Site.
- Individual/Business: Registered Users of the Web Site who are looking for a photographer for their personal or business needs.
- Photography: Photography service required by the Individual/Business who are Users of the Web Site.
- Support: Employee of ThePixStreet and reference point for the Users.
- com Website
- Address: 336 Block B Durga Vihar Phase-1 New Delhi 110043 India
- Email: [email protected]