Terms and Conditions

Terms and Conditions

Background

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.rawpixel.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

  1. Definitions and Interpretations
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      "We/Us/Our"
      means Rawpixel Ltd.
  2. Information About Us
    1. Our Site, https://www.rawpixel.com, is owned and operated by Rawpixel Ltd, a limited company registered in England under 09391487, whose address is, Hanover Green Studios, Redmarley, Gloucestershire. GL19 3JZ. Our VAT number is GB211639923.
  3. Access to Our Site
    1. Access to Our Site is free of charge. No part of Our Site requires payment of any kind in order to access or use it.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
  4. Intellectual Property Rights
    1. All content included on Our Site (including all user-facing material such as text and images, and all underlying content such as code, software and databases) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. If you subscribe on Our Site you may use any FREE content downloaded via our download function on Our Site for personal or commercial purposes in accordance with Our Image License.
    3. Our Vintage Illustrations collection includes copies of old illustrations that we believe are in the Public Domain. We have digitalised many of these items from original prints and spent many hours enhancing the images to create high quality digital copies.
    4. We do not claim copyright of these Public Domain images, however if you wish to download these images from Our Site you can only use them in accordance with Our Terms and Conditions and Our Image License.
    5. Other copies of these Public Domain illustrations may be available elsewhere without the restrictions of our Image License.
    6. We only add Public Domain items where we believe they are in the Public Domain in accordance with UK Intellectual Property law, which is typically life of the author plus 70 years. We also only add Public Domain items if we believe they can be used commercially without infringing the rights of third parties.
    7. Whilst we conduct extensive research to try to identify any Intellectual Property or other rights prior to adding any items which we believe to be in the Public Domain to our collection we do not guarantee that no Intellectual Property or other rights exist.
    8. It is solely your responsibility to ensure that your use of any item you download from Our Site does not infringe on the rights of any third parties.
    9. If you would like further information about any of the items available for download from Our Site you can email us at contact@rawpixel.com.
    10. You may not systematically copy content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
    11. Subject to sub-Clauses 4.2 and 4.12 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content or any other material from Our Site unless given express written permission to do so by Us.
    12. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’.
  5. Rawpixel Premium Content
    1. Any content on Our Site that is “premium” is not currently available to download or license from Our Site. You may not under any circumstance reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use ‘premium’ content obtained from Our Site.
    2. You may be able to license/purchase/download our “premium” content from other third party websites.
    3. Through Our Site we may give you an option and link to www.creativemarket.com where you are able to purchase some of our ‘premium’ content. Clicking on this link or BUY button will open up a new window in your browser and take you to the Rawpixel profile page on the www.creativemarket.com website.
    4. If you wish to purchase Rawpixel content from www.creativemarket.com you will need to create a user account on www.creativemarket.com and agree to their terms and conditions which are different to Our Site Terms and Conditions.
    5. Any Rawpixel content you download/purchase/license from www.creativemarket.com must be used in accordance with the www.creativemarket.com License not the Image License on Rawpixel.com.
    6. We provide a link to www.creativemarket.com purely for information only, this does not imply any endorsement of www.creativemarket.com. www.creativemarket.com is a third party site which is not under our control. We neither assume nor accept responsibility or liability for the content of third party sites.
  6. Links to Our Site
    1. You may link to Our Site provided that:
      1. You do so in a fair and legal manner;
      2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
      4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    2. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at contact@rawpixel.com for further information.
    3. You may take part in our referral scheme by subscribing to Our Site and using the unique referral links provided to you to share the details of Our Site. We will record the number of new subscribers that subscribe to Our Site using your unique referral link. Once 10 or more subscribers have subscribed to Our Site using your unique link we will send you 100 images from our premium collection.
    4. You can track the number of people that have subscribed to Our site via your referral link by viewing this information on your account page.
    5. We reserve the right to amend or withdraw any or all elements of the referral scheme at any time.
  7. Links to Other Sites
    Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
  8. Disclaimers and Legal Rights
    1. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    2. We make reasonable efforts to ensure that the content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.
  9. Our Liability
    1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any content included on Our Site.
    2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any content included on Our Site.
    3. If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content from it) or any other site referred to on Our Site.
    5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  10. Viruses, Malware and Security
    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
  11. Acceptable Usage Policy
    1. You may only use Our Site in a manner that is lawful. Specifically:
      1. You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      2. You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      4. You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
      1. Suspend, whether temporarily or permanently, your right to access Our Site;
      2. Issue you with a written warning;
      3. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      4. Take further legal action against you as appropriate;
      5. Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      6. Any other actions which We deem reasonably appropriate (and lawful).
    3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
  12. Privacy and Cookies
    Use of Our Site is also governed by Our Cookie and Privacy Policies, available here. These policies are incorporated into these Terms and Conditions by this reference.
  13. Data Protection
    1. All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
      1. Reply to any communications you send to Us;
      2. Send you important notices
    3. We will not pass on your personal information to any third parties.
  14. Communications from Us
    1. If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    2. When you subscribe to Our Site we will automatically add you to our mailing list to receive Our Rawpixel newsletter and communications, you may opt out of receiving this newsletter/communications by clicking the unsubscribe link at the bottom of your welcome email or any subsequent newsletter email.
    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at contact@rawpixel.com
  15. Changes to these Terms and Conditions
    1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  16. Contacting Us
    To contact Us, please email Us at contact@rawpixel.com
  17. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    3. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.