The following terms outline your obligations when using the 500px website. You can also review our Privacy policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.
This is what our lawyers require us to publish and you to agree to. Before using the services, you are required to read, understand and agree to these terms. You may create an account only by reading and accepting these terms.
This is our human translation. It's for your convenience only, and not legally binding.
ACCEPTANCE OF TERMS
The web pages available at 500px.com, and all linked pages ("Site"), are owned and operated by 500px, a Toronto company, and is accessed by you under the Terms of Use described below ("Terms").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. 500PX'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY 500PX, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. 500PX'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY 500PX, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
By using 500px you agree to all the terms below.
MODIFICATIONS OF TERMS
500px reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, 500px will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at 500px's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms as modified.
We may change terms anytime, but will notify you of any important changes.
DESCRIPTION OF SERVICE
Subject to full compliance with the Terms, 500px may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content 500px performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, also known as the "Content"). 500px may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. 500px may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
We allow you to create portfolios and will provide more features and services in the future.
YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with 500px and select a password and screen name. You shall provide 500px with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your 500px account. You may not:
Services are available only to individuals who are at least 13 years old (some content is suitable only for persons 21 years and older, please seek parental guidance), whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
- Select or use as a 500px User ID a name of another person with the intent to impersonate that person
- Use as a 500px User ID a name subject to any rights of a person other than you without appropriate authorization
- Use as a 500px User ID a name that is otherwise offensive, vulgar or obscene. 500px reserves the right to cancel such registration
Services are available only to individuals who are at least 13 years old (some content is suitable only for persons 21 years and older, please seek parental guidance), whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
To fully use the services you need to create your own account, without violating other people rights.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by 500px.
By way of example, and not as a limitation, you agree not to use the Services:
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO "500PX" ANY CONTENT).
500px may remove any Content and 500px accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms abuse, please email: help@500px.com
You are solely responsible for your interactions with other users of the Site. 500px reserves the right, but has no obligation, to monitor disputes between you and other users.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other 500px users;
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any 500px user;
- to create or submit unwanted email ("Spam") to any other 500px users or any URL;
- to create multiple accounts for the sole purpose of voting against users photos or for specific users photos;
- to post copyrighted content which doesn’t belong to you on your portfolio, with exception of Blogs, where you may post such content with explicit mention of author’s name and link;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- with the intention of artificially inflating or altering the votes count, blog count, comments, or any other 500px service, including by way of creating separate user accounts for the purpose of artificially altering 500px's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of 500px's services;
- to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO "500PX" ANY CONTENT).
500px may remove any Content and 500px accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms abuse, please email: help@500px.com
You are solely responsible for your interactions with other users of the Site. 500px reserves the right, but has no obligation, to monitor disputes between you and other users.
You cannot use our site to post pornographic material, harass people, send spam, vote against all photos, and do all other crazy stuff. Don't do anything stupid and you'll be fine.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading your photographic or graphic works to 500px you retain full rights that you had prior to uploading.
We will do our best at protecting copyright, see next section for details.
By submitting photographic or graphic works to 500px at Upload page to your profile you agree that this content fully or partially may be used on 500px web-site for promotional reasons (such as photos at home page). By doing so, 500px will comply with the Canadian Copyright Act, which means your work will be properly attributed or quoted. No photographic content, emails, and other private information will be sold for any reasons by 500px.
We will do our best at protecting copyright, see next section for details.
By submitting photographic or graphic works to 500px at Upload page to your profile you agree that this content fully or partially may be used on 500px web-site for promotional reasons (such as photos at home page). By doing so, 500px will comply with the Canadian Copyright Act, which means your work will be properly attributed or quoted. No photographic content, emails, and other private information will be sold for any reasons by 500px.
Your photos will preserve whatever copyright they had before uploading to this site. We will protect the copyright and will not sell your photos.
REDISTRIBUTION OF CONTENT
500px reserves the right to distribute and redistribute the content submitted by users, to other parties, web-sites, applications, and other entities, in accordance with Canadian Copyright Act C-42, which requires proper attribution of the artist's name and the source, for non-commercial purposes, including users' photographs, profile pictures, photo titles, descriptions, tags, and other accompanying photo information that was submitted to 500px.
500px reserves the right to promote any photographer or photographic work and to promote its services on third-party web-sites with proper attribution (such as photographer's name, URL, photo title).
All parties, including, but not limited to web-sites, applications, screensavers, are bound by the API Terms of Use, which encourage fair dealing with regards to the usage and demonstration of the content, submitted to 500px.
500px reserves the right to promote any photographer or photographic work and to promote its services on third-party web-sites with proper attribution (such as photographer's name, URL, photo title).
All parties, including, but not limited to web-sites, applications, screensavers, are bound by the API Terms of Use, which encourage fair dealing with regards to the usage and demonstration of the content, submitted to 500px.
Your photos may appear in iPhone, iPad, Android and other apps, ours and third-party, but they will be bound by our terms of use and will be required to use proper attribution, required by the Canadian Law.
PREMIUM SERVICES
500px provides premium services with 'Awesome' accounts. Members holding 'Awesome' accounts are subject to all the rules of conduct as all members of the site, including, but not limited to, such sections as user conduct and copyright complaints. Any member explicitly violating the terms of the site will be removed from the site and a payment suspended.
Awesome accounts provide features that are explicitly mentioned on Upgrade page (https://500px.com/upgrade). Any feature that is not mentioned on Upgrade page cannot be grounds for refund of 'Awesome' account.
500px will provide a full refund within 30 days of the purchase upon a written request sent to help@500px.com, with your username and full name as it appears in your PayPal account or on your credit card.
Awesome accounts provide features that are explicitly mentioned on Upgrade page (https://500px.com/upgrade). Any feature that is not mentioned on Upgrade page cannot be grounds for refund of 'Awesome' account.
500px will provide a full refund within 30 days of the purchase upon a written request sent to help@500px.com, with your username and full name as it appears in your PayPal account or on your credit card.
We offer 30 days money-back guarantee. Refunds apply only to services described on upgrade page.
FAIR USAGE POLICY
Fair usage policy applies to all accounts to ensure stable and fast service to all users.
Free accounts are limited to: 20 photos per week, 2,000 photos total (up to 60Gb), 1Gb of data transfer from profile and portfolios per month. Any additional usage may result in a limited access to your portfolio or a requirement to upgrade if the limi is exceeded for several months.
Awesome accounts are limited to: 1,000 photos a week, 100,000 photos total (up to 3000Gb), 10Gb of data transfer per month. Awesome accounts that exceed a limit for several months will be notified of their usage.
Free accounts are limited to: 20 photos per week, 2,000 photos total (up to 60Gb), 1Gb of data transfer from profile and portfolios per month. Any additional usage may result in a limited access to your portfolio or a requirement to upgrade if the limi is exceeded for several months.
Awesome accounts are limited to: 1,000 photos a week, 100,000 photos total (up to 3000Gb), 10Gb of data transfer per month. Awesome accounts that exceed a limit for several months will be notified of their usage.
If you use more than your fair share is, we might gradually limit your account.
COPYRIGHT COMPLAINTS
500px respects the intellectual property of others. It is company's policy to respond expeditiously to claims of copyright and other intellectual property infringement. 500px will promptly process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the copyright laws, 500px may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. 500px will terminate access for subscribers and account holders who are repeat infringers.
Notifying 500px of Copyright Infringement: To provide 500px notice of an infringement, you must provide a written communication to the attention of "Copyright Infringement" care of help@500px.com that sets forth the information specified by the copyright laws. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing 500px with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide 500px with a counter notification by written communication to the attention of "Copyright Infringement Counter Notification" at help@500px.com that sets forth all of the necessary information required by the copyright act. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Notifying 500px of Copyright Infringement: To provide 500px notice of an infringement, you must provide a written communication to the attention of "Copyright Infringement" care of help@500px.com that sets forth the information specified by the copyright laws. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing 500px with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide 500px with a counter notification by written communication to the attention of "Copyright Infringement Counter Notification" at help@500px.com that sets forth all of the necessary information required by the copyright act. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
We respect copyright. If anything is wrong, email us with all the details at help@500px.com.
500PX PRIVACY POLICY
500px's current privacy policy is available at 500px.com/privacy (the "Privacy Policy"), which is incorporated by this reference.
Here is our privacy policy.
INDEMNITY
You will indemnify and hold harmless 500px, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms by you, or the infringement by you, or any third party using your account or 500px User ID, of any intellectual property or other right of any person or entity.
We are not liable if something goes really wrong. Always have a backup of your photos.
WARRANTY DISCLAIMERS
You acknowledge that 500px has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release 500px from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. 500px makes no representations concerning any content contained in or accessed through the Site or Services, and 500px will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We are not liable if you don't understand parts of the policy.
LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 500px has no control over such sites and resources, you acknowledge and agree that 500px is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 500px shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Some people may post links; we are not responsible for that.
LIMITATION OF LIABILITY
IN NO EVENT SHALL 500px OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.
Again, we are not liable. But we may pay you $100 if our server flies into your window.
TERMINATION
500px may terminate or suspend any and all Services and your 500px account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your 500px account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may stop providing service, but we hope that it wouldn't come to that.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind 500px in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 500px shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 500px's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms is not assignable, transferable or sublicensable by you except with 500px's prior written consent. 500px may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Ontario, as if made within Ontario between two residents thereof, and the parties submit to the exclusive jurisdiction of Ontario courts. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
No one can force us to do anything that we are not legally binded to do.
TRADEMARKS
500px, 500px.com, Beruphoto, Beruphoto.com, Ruphotography, Ruphotography.ru and other 500px graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of 500px in the Canada and/or other countries. 500px's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the 500px icon pack may used by partner and third party sites in connection with providing appropriate links to the 500px site.
Please respect our trademarks and brands.
Updated: December 7, 2011
