JotPix.com Website Terms of Service
Please read This “Terms of Service Agreement” Before Accessing Website.
This Terms of Service Agreement was updated on June 25, 2009.
“We”, “our”, “us”, “JotPix”, “JotPix.com”,
“JotPix Limited” and “the company” refer to JotPix Limited,
its affiliates, subsidiaries, officers, partners, directors, employees and agents.
The “Site" and the “Service” refer to JotPix.com. “You”,
“Your”, “Buyer”, “Buyers”, “Requester”,
“Requesters”, “Seller”, “Sellers”, “Bidder”,
“Bidders”, “member” and “members” refer to users
of this site, whether registered or not.
This Terms of Service Agreement sets forth the standards of use of JotPix.com online
service for Registered and Non-Registered Members. By using JotPix.com website,
you agree to these terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this website. We reserve
the right, at any time, to modify, alter, or update the terms and conditions of
this agreement without prior notice. Modifications shall become effective immediately
upon being posted at JotPix.com website. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this paragraph, this Agreement may
not be amended.
- Eligibility
Our member service is not available to minors (as defined in your jurisdiction,
generally those under the age of 18). If you are found to be below the required
age, your account will be subject for removal without any further notice.
- Description of Service
JotPix.com is a web community that specialized in location-specific photos/videos.
Members of JotPix.com can upload and share location-specific photos and videos for
free.
If the photo/video of a particular location is not available, JotPix.com provides
an online trading platform, and allows its members to post photo/video requests.
Other members who live nearby the photo/video locations can enter their bids, help
take the specific photos/videos, and make extra money for themselves.
- Disclaimer of Warranties.
The site is provided by JotPix.com on an “as is” and on an “as
available” basis. JotPix.com exercises no editorial control over any text
or media that the members upload, post, email, transmit or otherwise make available
via this Service; however, JotPix.com reserves the right to review the uploads and
transmissions in order to ensure compliance with our Terms of Service. To the fullest
extent permitted by applicable law, JotPix.com makes no representations or warranties
of any kind, express or implied, regarding the use or the results of this web site
in terms of its correctness, accuracy, reliability, or otherwise. JotPix.com shall
have no liability for any interruptions in the use of this Website. JotPix.com disclaims
all warranties with regard to the information provided, including the implied warranties
of merchantability and fitness for a particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
- Limitation of Liability
Jotpix.com shall not be liable for any damages whatsoever, and in particular JotPix.com
shall not be liable for any special, indirect, consequential, or incidental damages,
or damages for lost profits, loss of revenue, or loss of use, arising out of or
related to this web site or the information contained in it, whether such damages
arise in contract, negligence, tort, under statute, in equity, at law, or otherwise,
even if JotPix.com has been advised of the possibility of such damages.
You are solely responsible for your interaction with other JotPix.com users. If
you have a dispute with any other user of JotPix.com, you agree that JotPix.com
is not liable for any claims or damages arising out of or connected with such a
dispute. JotPix.com may take reasonable action, but has no obligation, to monitor
such dispute between or among users.
- Indemnification
Members and users of this website agree to indemnify and hold JotPix.com, its parents,
subsidiaries, affiliates, officers, partners, directors, and employees, harmless
from any claim or demand, including reasonable attorneys’ fees and medical
costs, made by any third party or accidental due to or arising out of use of the
Service, the violation of this Agreement, or infringement by Member, or other users
of the Service using Member’s computer, of any intellectual property or any
other right of any person or entity.
- JotPix.com is simply a venue
The site only acts as a venue. It is an online platform to allow anyone, at anytime,
from anywhere to place a request and anyone else to bid on it. JotPix.com is not
a retailer, a distributor, an agent or a representative of either the Buyer or Seller.
JotPix.com is not involved, in any way, in the actual transaction between Sellers
and Buyers. Consequently, we have no control over quality, safety or the legality
of the paid service. We further cannot ensure or enforce a Buyer or Seller to complete
a transaction.
- Member Account
All registered members of the Service shall receive an account and a password. Members
are entirely responsible for any and all activities which occur under their account
whether authorized or not authorized. Member agrees to notify JotPix.com of any
unauthorized use of Member’s account or any other breach of security known
or should be known to the Member. Member’s right to use the Service is personal
to the Member. Member agrees not to resell the Service without the express written
consent of JotPix.com.
- Member Obligations
At JotPix.com, member, at times, can be a Seller or a Buyer. In either situation,
by using the service at JotPix.com, members agree to the following obligations.
After an open bid is accepted, both the requester (Buyer) and the bidder (Seller)
enter into a good faith agreement to complete the transaction. By not fulfilling
the obligations, your membership might be revoked and without refund.
Buyer should pay the successful bidder as agreed upon to initiate the work. The
winning Seller shall commence work immediately after receipt of verified payment
and deliver to the Buyer the photos and/or videos within the period indicated in
the listing.
Seller needs to supply the Buyer the photo quality with a minimum resolution of
1024 x 768 and a video quality with a minimum resolution of 320 x 240 at 15 fps.
Furthermore, the Buyer and Seller are responsible to comply with the local laws
and legal requirements for photographing or videographing a particular location,
area, building or facility.
- Tax Obligations
All tax obligations are the responsibility of the Seller and/or the Buyer. You agree
not to hold JotPix.com liable for any non-compliance with tax obligations on any
participant who enters into a transaction as a direct or indirect result of using
JotPix.com services.
- Ownership of the Contents of the Public Albums
JotPix.com member, who uploads photos/videos to a public album, retains the ownership
and copyrights of his/her photos and videos.
- Ownership of the Paid Contents
Any paid contents including photos and videos delivered from the Seller to the requester
(Buyer) are considered “work made for hire” or sometimes simply “work
for hire”. The requester (Buyer) who places a job request owns the full copyright
of the paid contents delivered by the Seller. The paid contents can be delivered
by, including but not limiting to, uploading the materials on JotPix.com and making
it available for Buyer to download, or by emailing the paid contents to the Buyer
directly from the Seller, or by making prints or burning the contents into a CD,
DVD, or any other storage media and sending it by post to the Buyer directly from
the Seller.
Seller who has interests in owning the copyrights of the paid contents is responsible
to negotiate ownership, rights or licensing matters with the Buyer directly, before
bidding on the request. JotPix.com is not involved, directly or indirectly, in the
dealings and transferring of ownerships between Buyers and Sellers.
- Member Conducts
Price Fixing. The act of two or more competing parties coming together for the purpose
of manipulating the price. Under no circumstances will JotPix.com tolerate users
collaborating with other users to price fix.
Multiple Accounts. You shall not create multiple user accounts to avoid fees, suspension,
bad ratings and/or price fixing on JotPix.com.
Plagiarism. False claims of authorship. You should not pretend that photos and/videos
are yours when they are taken by others.
Infringement of Copyrights. You shall not upload, use, distribute, publish or sell
any photographs, images, videos or any other copyright-protected materials that
you do not have the copyright ownership or necessary licensing agreement.
Obscene Materials. You shall not upload, distribute or publish any libellous, defamatory,
obscene, pornographic, abusive, violent, or illegal material.
Unrelated Materials. JotPix.com is not obligated to monitor uploaded contents. However,
we reserve the right to periodically perform random check on uploaded contents.
If the uploaded contents are found not directly related to the request, JotPix.com
reserves the right to remove the contents without notice.
Inappropriate Use of Sevice. You agree that you will not use this service to request
taking photos of another person or person(s). You also agree that you will not use
this service to specifically or generally cause harms or damages to other people
or facilities.
Conducts in General. You agree that you will not threaten or verbally abuse other
users. You also agree not to use language that discriminates on the basis of race,
religion, nationality, gender, sexual preference, age, region, disability, etc.
Your access to your account and the service will be terminated immediately without
notice and without refund if any such behavior is made known to JotPix.com.
- User Submission Content
We welcome comments, suggestions, or feedbacks from our users and members about
JotPix.com. However, before sending us any inputs, either electronically or by mail,
user agrees that JotPix.com is licensed to use the comments in any way that it chooses.
Specifically, any comments about design, idea, concept or information user submits
to us, user automatically grants to JotPix.com a royalty-free, permanent, irrevocable,
non-exclusive license right to use, publish, distribute, modify, license, sell or
create derivative works from such submission, in part or in whole and in any form
using technology existing now or in the future.
- Premier Membership
When you upgrade your free standard account to Premier Account, you warrant that
all the information that you submit is true and accurate, including your credit
card number and expiration date, and you agree to pay the annual fee. We accept
major credit cards, bank transfer, paypal balance via secured Paypal service or
bank wire. JotPix.com charges the membership fee in US Dollars. Your membership
is personal to you and you cannot transfer or give your login and password to others.
Premier Membership fees are non-refundable and we do not refund charges for unused
services.
- Selling Fee
There are no fees for using the website, registering as a buyer, posting on the
Site, or bidding any requests. Once a bid is accepted by the Buyer, Seller agrees
to pay JotPix.com a 10% selling fee per sale based on the bid price. There are no
other hidden charges.
- Duration of Online Storage of Paid Contents
For Standard members, all photos and videos uploaded to JotPix.com shall be kept
online for access and unlimited downloads for 30 calendar days since the day the
bid is accepted. After the closing date, which is listed in order details summary,
all uploaded contents per each listing will be removed from JotPix.com permanently
and cannot be recovered.
- Modifications and Interruption to Service
JotPix.com reserves the right to modify or discontinue the Service with or without
notice to the Member. JotPix.com shall not be liable to Member or any third party
should JotPix.com exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that JotPix.com does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the content located
on such sites. Your use of those third-party sites is subject to the terms of service
and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies and terms of services of third-parties’
sites.
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors,
members or collected from publicly available sources. While JotPix.com makes every
effort to ensure that the information on this website is accurate, we make no representations
or warranties as to the accuracy or reliability of any information provided on this
website. JotPix.com makes no warranties or representations whatsoever with regard
to any product provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at your own risk.
- Governing Jurisdiction of the Courts of Hong Kong SAR
JotPix Limited is registered in Hong Kong SAR. As such, we are subject to the laws
of Hong Kong, and such laws will govern this Terms of Service, without giving effect
to any choice of law rules. We make no representation that our website or other
services are appropriate, legal or available for use in other locations. Accordingly,
if you choose to access our site you agree to do so subject to the laws of Hong
Kong SAR.
- Compliance with Laws.
Member/user assume all knowledge of applicable laws and is responsible for compliance
with any such laws. Member/user may not use the Service in any way, including but
not limiting to those relating to the Internet, data, email, privacy and transmission
of data that violates applicable local or international laws, regulations or other
government requirements in which member/user resides.
- Copyright and Trademark Information of Site
All contents available on this site, including site design, text, graphics, interfaces,
and the selection and arrangements thereof is owned by JotPix.com, will all rights
reserved, and is the property of JotPix.com protected by intellectual property rights.
Any use of materials on the website, including reproduction for purposes other than
those noted above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind, without
prior written permission of an authorized officer of JotPix.com is strictly prohibited.
Members and users agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the content contained
therein without prior written permission of an authorized officer of JotPix.com.
We may, at any time and in our own discretion, add, delete, or change the site and
any of the services provided without notice. The names, logos, and taglines identifying
JotPix.com products and services are proprietary marks of JotPix.com. JotPix.com
trademarks may not be used in connection with any product or service that is not
provided by JotPix.com, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits JotPix.com.
All other trademarks displayed on JotPix.com website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use of trademarks or links to the web sites of
Vendors is not intended to imply, directly or indirectly, that those Vendors endorse
or have any affiliation with JotPix.com
- Force Majeure
JotPix.com shall not be liable for any failure or delay in performance or loss of
any uploaded contents under this Agreement to the extent said failures or delays
are proximately caused by causes beyond that party's reasonable control and occurring
without its fault or negligence, including, without limitation to, Acts of God,
failure of suppliers, subcontractors, and carriers, or party to substantially meet
its performance obligations under this Agreement, provided that, as a condition
to the claim of non-liability, the party experiencing the difficulty shall give
the other prompt written notice, with full details following the occurrence of the
cause relied upon. Dates by which performance obligations are scheduled to be met
will be extended for a period of time equal to the time lost due to any delay so
caused.
- Botnets
JotPix.com retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are used as command
and control points for botnets, JotPix.com reserves the right to direct the involved
hostnames to a honeypot, loopback address, logging facility, or any other destination
at our discretion.
- Termination
The Company may terminate your membership, delete your profile and any content,
or information that you have posted on the site and/or prohibit you from using or
accessing the Service or the Site for reasons described above, any reason, or no
reason, at any time in its sole discretion, without notice and without refund.
- Changes to this agreement
JotPix.com has the discretion to occasionally update these Terms of Service to better
serve you. When we do, we will also revise the “updated” date at the
top of this page. We encourage you to periodically review this statement to stay
informed. Your continued use of the service, whether or not you are a registered
member of JotPix.com. constitutes your agreement to this Terms of Service and any
updates.
- Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Service Agreement and any other agreements
referenced herein may be assigned by JotPix.com, in our sole discretion, to a third
party in the event of a merger or acquisition. This Terms of Service Agreement shall
apply in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member agrees that by
accepting this Terms of Service Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices described in our
Privacy Policy Statement. Please read our Privacy Policy.