Terms Of Services

Acceptance Of Terms

The web pages available at Gopx.com and all linked pages (“Site”), are owned and operated by Gopx, Inc. (“Gopx”) a Universal American Corporation and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy Policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description Of Service

The Site is an online community which enables photographers and graphic artists to post photographs and images, share comments, opinions and ideas, promote their work, participate in contests and promotions, and access and/or purchase services from time to time made available on the Site (“Services”). Services include, but are not limited to, any service and/or content Gopx.com makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Gopx. Gopx reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Gopx may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.

Registration

As a condition to using Services, you are required to open an account with Gopx and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Gopx account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Gopx account.

Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.

The Services are for use by individuals who are photographers and graphic artists. Accounts may not be opened by galleries, agents and other market intermediaries and entities who represent photographers and graphic artists or sell their works. If you do not qualify for registration you are not permitted to open an account or use the Services.

User Conduct

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Gopx are entirely responsible for all Content that you post, or otherwise submit to the Site. Gopx does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

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 Gopx. By way of example, and not as a limitation, you agree not to use the Services:

1. To abuse, harass, threaten, impersonate or intimidate any person;
2. To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
3. For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
4. 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 Gopx user;
5. To create or transmit unwanted ‘spam’ to any person or any URL
6. To create multiple accounts for the purpose of voting for or against users’ photographs or images;
7. To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
8. 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;
9. To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
10. To advertise to, or solicit, any user to buy or sell any products or services, or 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;
11. To promote or sell Content of another person
12. To sell or otherwise transfer your profile.

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Gopx at email: [email protected].

You are solely responsible for your interactions with other users of the Site. Gopx reserves the right, but has no obligation, to monitor disputes between you and other users.

Content Submitted Or Made Available For Inclusion On The Service

Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting Gopx a worldwide, Non exclusive license to use the content and are representing and warranting to Gopx That the content is owned or duly licensed by you, and that Gopx is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party.

In consideration of Gopx's agreement to allow you to post Content to the Site and Gopx's agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Gopx as follows:

1. You acknowledge that:
   1. By uploading your photographic or graphic works to Gopx you retain full rights to those works that you had prior to uploading.
   2. By posting Content to the Site you hereby grant to Gopx a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
   3. The license granted to Gopx includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Gopx by you;
   4. Gopx uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, Gopx makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Gopx does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize Gopx to permit users and visitors to the Site to make such low resolution copies of your Content; and
   5. Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
2. You represent and warrant that:
3. You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
4. You have the full and complete right to enter into this agreement and to grant to Gopx the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Gopx of the Content as contemplated herein; and
5. The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
6. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Gopx, all of which such rights are hereby expressly and irrevocably waived by you in favour of Gopx.

Removal of Store Images

At any time you can remove your Store Images from the Store automatically using the Store settings. In addition, Gopx may remove any Store Images that it believes to be in breach of the Terms. In all cases copies of your Store Images posted on any third party sites and used for promotional purposes shall be removed within a reasonable period of time following your removal request, however submitted. Except as otherwise provided for herein, the Store License will exist for the period during which a Store Image is posted on the Store and will automatically terminate upon the removal of the Store Image from the Store. Notwithstanding the foregoing, the Store License will continue in respect of any Store Images which were purchased by Customers prior to their removal of the Store until fulfillment of such purchase requests.

Subject to the licenses granted to Gopx in these Terms you retain ownership of your Store Images.

Trademarks

Gopx, Gopx.com and other Gopx graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Gopx. Gopx’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Gopx. The images and icons available in the Gopx icon pack may used by partners and third party sites in connection with providing appropriate links to the Gopx Site.

Copyright Complaints

Gopx respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Gopx will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Gopx of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of [email protected] and include in your notice a detailed description of the alleged Infringement sufficient to enable Gopx to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Gopx with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at [email protected]. You must include in your counter notice sufficient information to enable Gopx to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.