Terms of Use
What is Hashpix?
- HashPix is a marketplace for Instagram Photographers and other popular Photographers to sell their photos
- HashPix will create a platform for Photographers to display and advertise their photos for sale
- HashPix will provide an easy way to purchase and process buyers’ orders for prints, canvasses, postcards, calendars, mugs, t-shirts, and other items displaying Photographers’ photos selected by buyers
- HashPix will print and deliver Photographers’ photos to their fans
- HashPix will pay Photographer via Paypal within 30 days of purchase
- HashPix will handle all returns, complaints and any other problems with the order process
- Hashpix is FREE for Photographers!!!
How Hashpix Works:
- Photographers will sign up as “Seller” on the Hashpix site
- Photographers will be given a choice to import their Instagram photos, Facebook photos or upload higher resolution photos
- Photographers will be given the option to create their own page and profile for an additional fee – “Premium Account,” otherwise Hashpix will be free for Photographers
- Hashpix will take 30% of the final price of the sale
- Photographers will be asked to promote Hashpix on their Instagram and Facebook profiles so that their followers know where they can buy the photos
- Photographers will be asked to write a personal message to their fans which will be included with the photos
- All photos will remain the exclusive property of the Photographers and Photographers will retain all intellectual property rights in their photos
- Photographers can continue to sell their photos in any way they want outside of Hashpix
- Hashpix will not use Photographer’s photos in any way without Photographer’s express written consent
- Photographers can discontinue using Hashpix at anytime except that any orders already purchased and paid for by buyers must be fulfilled
Legal Terms:
- Rights: All rights not expressly granted to Photographers are reserved by Hashpix. You agree to comply with the restrictions in these terms and all applicable intellectual property laws and other laws. You shall only post and sell on Hashpix photos and other items which are your intellectual property or for which you have a license to use, distribute and sell. Hashpix’s intellectual property may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Hashpix. You shall not use Hashpix name or logo except as expressly permitted by Hashpix.
- WARRANTY DISCLAIMER: HASHPIX DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. HASHPIX SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND HASHPIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF HASHPIX IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF HASHPIX, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
- LIMITATION OF LIABILITY: HASHPIX IS NOT RESPONSIBLE FOR THE CONTENT THAT YOU IMPORT, UPLOAD AND SELL THROUGH HASHPIX, YOU WILL REMAIN SOLELY RESPONSIBLE FOR YOUR CONTENT AND ANY CLAIMS AND DAMAGES RESULTING FROM YOUR CONTENT TO HASHPIX OR ANY THIRD PARTY. HASHPIX SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DA MAGES ARISING OUT OF OR IN CONNECTION WITH USE OF HASHPIX, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER LOSS, WHETHER OR NOT HASHPIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against Hashpix, and its subsidiaries, affiliates, officers, directors, employees, agents, licensors, co-branders or other partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Hashpix.
- Indemnity: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Hashpix, and its subsidiaries, affiliates, officers, directors, employees, agents, licensors, co-branders or other partners from and against any third party claim arising from or in any way related to you content, your use of Hashpix, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Hashpix will use good faith efforts to provide you with written notice of such claim, suit or action.
- Amendment and Termination: Hashpix may change, suspend, or terminate any aspect of its services or these terms at any time in its sole discretion after paying you all the money it may owe you for your photos purchased via Hashpix and paid for to Hashpix by buyers prior to such termination.
- Governing Law and Location of Lawsuit: These Terms of Use and the relationship between you and Hashpix shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Hashpix agree to submit to the personal jurisdiction of the courts located within the State of New York.
- Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Hashpix shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Hashpix, express or implied, and you shall not attempt to bind Hashpix to any contract.
- Invalidity of Specific Terms: If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
- No Waiver of Rights: Hashpix’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
- Miscellaneous: The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Hashpix and you with respect to the subject matter hereof.
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