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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  21. 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.

  22. 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

  23. 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.

  24. 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.

  25. 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.

  26. 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.

  27. 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.