Terms and Conditions

These terms and conditions govern your access to the entire website www.pix-match.com (hereinafter referred as PIX-Match) especially the uploading of photos (hereinafter referred as PIX),  the rating of photos (hereinafter referred as Voting), the use of the personal profile (hereinafter referred as profile) and any other services that can be used on this website. By using PIX-Match you agree to the following terms and conditions in full and without exception. Pix-Match is a privately provided website and is not operated commercially.

1.   Description of the website

This website provides a way to upload PIX, rate them and thereby bring the PIX in a rated order. The website is divided into two sections: The public section is open to every user. It offers f.e. the possibility of voting PIX which have been uploaded by registered users. The providing of the PIX that are placed in the voting occurs randomly.Besides general informations about the website can be reviewed, missuse of PIX can be reported ( more details later), the ranking of the PIX can be seen, the login as a registered user can be done and the registration as a member can be started. By registration, a user receives, in addition to the public websites, access to additional functions. The registered user can view and change his registry data and delete his profile. Furthermore, the registered user is able to upload PIX in a given category. The registered user can vote in a selected category and, if the user who uploaded a PIX enabled it, write comments to the PIX (hereinafter referred as Posts). Posts are open to every user (registered and not registered).The registered user can put PIX on a watch list. They can be viewed at any time independently of their placement. If a PIX is deleted by the user who uploaded it, it will disappear from all watch lists.

2.   Become a registered user

If you intend to register on the website Pix-Match as a member, first select an available user name and a corresponding user password. If a unique user name was found, additional information about the user, especially the e-mail address, gender, assignment to an age category as well as the preferred user language can be defined. After entering the information the user receives an e-mail with a confirmation link. Only after clicking the confirmation link the registered user will be active and be able to use the sites for members. The entered data can be changed later at any time. (except the user name) For each e-mail address only one user name can be registered. Each registered user is obliged to keep his user name and user password confidential and not to share with others. Any registered user accepts and agrees that he is responsible for the use of his user account, user name and password and all the account related data alone, and that his user name associated with his user account password constitutes conclusive evidence of the use of PIX-Match. Minors may only register on PIX-Match with the consent of their legal representative. PIX-Match disclaims any responsibility for underaged users who registered at PIX-Match WITHOUT the consent of their legal representative.

3.   Categories

Categories that take part in the voting and where PIX can be uploaded, are provided by PIX-Match in its sole discretion. Both registered, and non-registered users can suggest new categories, but there is no legal claim to the fact that these proposals are adopted and PIX-Match can reject these proposals without giving any reasons.

4.   Uploading PIX

By uploading PIX, you agree that the PIX is published on Pix-Match, takes part in the voting, is shown in the ranking and posts, regarding your PIX, can be written and shown to the public if you enabled it. You may only upload PIX, where all persons who are shown on the PIX, have given their consent to publication on PIX-Match. If there are no persons shown on the PIX, the user must have the right to publish the PIX on PIX-Match. Due to the publication, neither copyright nor trademark or other intellectual property rights may be violated. PIX-Match is not liable for unlawfully uploaded PIX. If necessary, the PIX will be resized by PIX-Match. This can lead to loss of quality. By uploading the user grants PIX-Match the right to use the PIX for statistical analysis and to provide others with them.PIX-Match practices a "Zero Tolerance Policy" in connection with inadequate photos (particularly far right, pornographic, degrading, religiously offensive, etc). Each user is encouraged to report such violations in clicking the "misuse-button”, which is located below the PIX on the voting site. In this case PIX-Match is entitled to take the following steps:

·          notifying the competent law enforcement authorities

·          removing the PIX from the databases and servers of PIX-Match

·          disable or delete the accounts of users that can be found in connection with the violation

5.   Voting of PIX

The aim of the voting is to select the PIX you like better and to click on the voting-button. This gives the PIX an additional rating, which leads, together with the previously achieved, to a new overall rating. The order resulting from the voting is shown, depending on the category and the country of the registered user who uploaded the PIX , in the ranking. PIX-Match is entitled to change the voting algorithm at anytime. There is no legal claim to a certain placement.

6.   Post to PIX

The aim of posting is to give comments to PIX. The user is able to choose wether he allows posts to his PIX or not at the registration. Posts can be written by registered useres and can also been read by non-registered users. The settings for posts can be changed at any time by the registered user in the user settings. Posts must not include far-right, pornographic, indecent, libelous or other derogatory content. Posts must not include any program code, that executes viruses, Trojan horses or other harmful or malicious software on the servers of PIX-Match or the computers of users. Users who write such posts are banned from use as soon as PIX-Match gets to know about it. PIX-Match excludes liability for any direct or indirect costs, follow-up costs, and consequential damages or other consequences that arise as a result of posts.

7.   Terminating the membership

If a user deletes his profile, his account will be deleted and the user name and the e-mail address will be available for new registrations. Each PIX will be deleted from the database and won’t appear in any ranking- or watchlist. Done votes will not be deleted.

8.   Display of statutory violations

If you as the copyright owner doubt the legality of a PIX or if you think your (copy)right is infringed, you have the option to notify by e-mail. In this case tell at least the following information:

·          A description and details that help to identify the PIX

·          A proof that you are the copyright owner

·          A statement that there hasn’t been any permission for publication on PIX-Match

·          A description of the way in which your rights have been violated

·          Information, making it possible to contact you (name, address, phone number, email address,…)

PIX-Match will transmit these informations to the user who uploaded the PIX and invite him to a response. Anyhow, PIX-Match is entitled to delete or disable the PIX immediately even without consulting the user. After uploading a PIX is not yet available for voting. Each user acknowledges and agrees that PIX-Match checks the PIX in advance, if it fits into the chosen category. In no case PIX-Match is obliged to do other checks. PIX-Match assumes no responsibility for these PIX. Every user who uploads PIX at PIX-Match is solely responsible for these PIX. PIX-Match disclaims liability in this regard. PIX-Match reserves the right not to turn free uploaded PIX without stating the reasons. PIX-Match in entitled to refuse or delete any PIX which was uploaded at PIX-Match in its own discretion.

9.   Limitations

Each user agrees that he doesn’t use the website in any way that is not permitted in the terms and conditions or violates the law. No user is allowed to upload PIX at PIX-Match that are libelous or otherwise offending, obscene, far right, pornographic or offensive. Additionally no PIX must be uploaded that violates copyrights, trademark or other rights. PIX-Match reserves the right to delete all PIX with ambigous legal content. Registered users who repeatedly upload content that violates any rights will be excluded from use and the user account will be deleted. Users are not allowed to download and use PIX that rights they don’t hold. Users are not permitted to upload PIX or other material or content at PIX-Match that contains viruses, worms, Trojan horses or other code with malicious, destructive or harmful effects. Users are not permitted to gain unauthorized access to any hardware or software systems or networks or services associated with the website that PIX-Match has not expressly provided in or on the website for you. Users are not permitted to gain unauthorized access to the account of other users or use services from PIX-Match in the name of other users. Users are not permitted to indicate any false or misleading information (especially at registraton). Users are not authorized to upload or post any hyperlinks or informations that grant access to other websites. You accept and agree that PIX-Match can not be held liable for the content of websites to which a user is redirected due to a violation of these Terms and Conditions. Users are not entitled to permanent availability of PIX-Match. PIX-Match can stop all or certain services temporarily or permanently without giving any reasons. Users cannot claim any rights from the partial or total cessation of PIX-Match. PIX-Match is entitled to delete or suspend user accounts and the related data in its own discretion.

10.        Operation of the website

Users agree, that PIX-Match saves data that arise due to use of PIX-Match in “cookies” on their computers. The use of "cookies" takes place exclusively in connection with the operation of PIX-Match. Each user is able to prohibit or restrict the use of"cookies" on his computer. The user acknowledges and agrees in this case that this can affect the use of PIX-Match adversely. PIX-Match records the voting behavior for statistical purposes. The user agrees that such information may be evaluated in anonymous form and circulated anonymously. If statutory provisions require a disclosure of data that a user uploaded or posted at PIX-Match, the user accepts and agrees that these data will be passed to the relevant public authorities.

11.        Indemnification

Each user acknowledges and agrees to indemnify, defend and compensate PIX-Match and its operators, executive committee members, managing directors, employees, owners, representatives from and against all claims, costs (including attorney fees) or other liability cases that result from your breach of any of your representations, warranties or obligations under this agreement by the user himself and by each use of PIX-Match (including the use of the user account or user name wether authorized by the user or not) including but not limited to claims or legal actions based on infringement of any rights, slander, libel or other defamation, violation of privacy, violation of the right of publicity, or because of misleading presentment or uglification, deformation or modification of any work, materials or contents wether intentionally or not. PIX-Match has the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with PIX-Match in the defense of any such claim, action or matter.

12.        Limitations and disclaimer

You agree that neither PIX-Match nor any of ist respective officers, directors, employees, owners, agents, representatives, shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages. PIX-Match furnishes in no case any kind of garantee or warranty for content uploaded by users and can under no circumstances be held liable for breach of copyrights, trademarks or other rights. PIX-Match cannot be held liable for content, available at PIX-Match, not being free of viruses, Trojan horses or other malicious, destructive or harmful functions. PIX-Match cannot be held liable for content being posted by users.

13.        Change of Terms and Conditions

PIX-Match reserves the right to modify all or parts of these terms amd conditions at any time. These changes become effective immediatly after informing the users and being published on the website. By receiving this notification, and by your continued use of this website after the date of changing, you accept and agree the modified terms and conditions. If you do not agree, then stop using this website.

14.        Miscellaneous

This contract is subject to Austrian law, court of jurisdiction is Vienna. Whenever the context requires, the singular includes the plural and vice versa, and the masculine, feminine and neutral genders shall include each other gender. Should one or more provisions of these terms and conditions be legally void or recinded, the remaining provisions shall remain in full force and effect.