Date created: November 15, 2021
Last modified: February 20, 2022
This Agreement applies to the use of Jiffypix, which is the service that you access or purchase through our website or a 3rd Party reseller.
By using our platform, you confirm that:
A. You will only use Jiffypix for business and professional reasons;
B. You are at least 18 years old or otherwise able to enter into a legally binding agreement;
C. You accept and will comply with this Agreement;
D. If you are using Jiffypix as a representative of an organization, you have the power to enter into legally binding agreements for the organization; and
E. You are responsible for anyone that uses Jiffypix through your account, such as your employees, consultants or contractors (“Authorized Users”).
1. Jiffypix Terminology
1.1 We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.
1.2 “Content” is a generic term that means all information and data (such as text, images, photos,) in any format that is uploaded to, downloaded from or appears on our platform.
1.3 Jiffypix means our websites, such as Jiffypix.com (and all its current and future subdomains), and mobile applications, and any services that you access or purchase through our websites or mobile applications, but do not include Third-Party Services (see below for how we define those) that you access or use in connection with our services.
1.4 “Third-Party Services” are services that are not provided by Jiffypix but that you may access or use in connection with our platform. They include the “Social Networks”, which are the social networking sites where you chose to publish your contents made via Jiffypix (such as Twitter, Facebook, LinkedIn).
1.5 “you”, “your”, “Customer”, and similar terms mean the person or legal entity accessing or using the Self-Serve Services. For the avoidance of doubt, if you are accessing and using Jiffypix on behalf of a company (such as your employer) or other legal entity, “you”, “your” or
1.6 “Customer” means the company or other legal entity that you are using the Jiffypix services on behalf of.
2. Jiffypix Content
2.1 Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use Jiffypix in the way set out in the plan you subscribed to. You may not use or access the platform in any other way, such as using robots, spiders, crawlers and scraping technologies.
2.2 Jiffypix features may evolve constantly. We may change our services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our product features.
2.3. Jiffypix interacts with multiple Social Networks. Jiffypix is dependent on the availability, features and functionality these social networks make available to us, which we do not control and may change without notice.
2.4 If at any time Jiffypix stops making some or all of its features or functionality available to you, on reasonable terms as determined by Jiffypix in its sole discretion (such as an “API Change”), we may stop providing access to those features or functionality and we will not be liable to you or any third party for any such change.
3. Acceptable User Rules
3.1 You and any Authorized Users using your Jiffypix account must comply with the Acceptable Rules and all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to the website.
3.2 A Jiffypix account and login is only for Single users. Password sharing is not allowed with others and/or sharing any login information to your account. If you want to be able to share your account and log in please contact Jiffypix to get an offer on a multi-user account.
3.3 A fair usage limit of 2500 images per month applies to all accounts. This limit protects our network and 3rd party networks from SPAM and other misuses of our system. If you hit this limit and believe you have a legitimate reason to create more images each month, please get in touch with support, and we will be more than happy to discuss your needs.
4. User behavior
4.1 You agree that while using the Service, you will comply with the following rules:
A. You will not interfere with or disrupt the servers or networks connected to the Service;
B. You will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, racist, or otherwise harmful material of any kind, including, without limitation, Content that depicts nudity, sexual conduct or violence;
C. You will not disobey or breach these Terms or any other applicable instructions conveyed by Jiffypix;
D. You will not violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
E. You will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
5. Group Subscription
5.1 You may have a group subscription where you can obtain as many logins as you wish on behalf of a legal entity and allow an unlimited number of users to access our Service. The group license belongs to one legal entity.
5.2 The holder of a group subscription must appoint an administrator who shall create all users and provide them with passwords.
5.3 If you want a group subscription to the Service, please send an e-mail to [email protected]
6. Free Trial Period
6.1 Your subscription to the Service can start with a free trial, which gives you the opportunity to try out the Service at no cost.
6.2 To start the trial period, you must set up your user account as provided in Section 3, and choose your payment method. We request a payment method to ensure that you do not experience any interruption to the Service if you wish to continue using the Service after the end of the trial period.
6.3 The trial period is intended as a way to allow you to see the Service ‘from the inside’ and try out the Service free of charge, before you start paying for your subscription.
6.4 The trial period may be terminated after the first two days (where the account is locked) at any time with one day’s notice. After the trial period expires, your subscription will automatically continue unless you actively terminate it. You must log in to your account and use the link to notify Jiffypix that you wish to terminate the agreement. You can continue to use the Service after you terminate your subscription, for the remainder of the trial period.
6.5 It is our intention to only offer you or an entity one opportunity to use the free trial period. If you have already made use of the free trial period, you will not be permitted to have another free trial for 24 months from the date the free trial period expires.
7. How To Pay For Your Subscription
7.1 Our prices depend on your subscription period and can be found here (https://jiffypix.com/). Prices are quoted in US Dollars.
7.2 The term may be monthly or on an annual basis, as described and your subscription begins upon payment of a first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged in advance, on the same day of the month that the subscription began (for example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have as many days).
7.3 Payment is made with the means of payment methods stated on our Website. Payments for the subscription are charged every month, in advance.
7.4 We use a secure payment server to restrict unauthorized persons from having access to your payment information.
7.5 You are responsible for updating your payment information if your payment card is blocked or expires. You can do this when you are logged in to the Website, or by contacting [email protected]
8. Change in Pricing
8.1 All prices/fees are subject to revisions. Price increases will be notified one (1) month in advance and will take effect from the next invoice period.
8.2 You can therefore terminate your subscription, giving the required notice and coinciding with the end of your current payment period, before the price increase takes effect.
9. Customer Content
9.1 You are solely responsible and will have copyright to content you have created. All content created via Jiffypix uses the cc0 license.
9.2 We may, but do not have to, review, filter, block or remove Content, including Customer Content.
10. Account Information
10.1 You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us.
10.2 You will promptly notify us of any unauthorized access to or use of your log-in credentials or account.
11. Content and Third Party Services
11.1 We are not responsible for Content provided by others, including Content from Third-Party Services (such as Content from Social Networks). You and anyone else who accesses Jiffypix may access Content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you or any third party for Content provided by others.
11.2 If you access or enable a Third-Party Service through Jiffypix, you grant them permission to access or otherwise process your data as required for the operation of the Third-Party Service. We are not responsible for disclosure, use, change to or deletion of your data and will not be liable to you or any third party for access to your data by a Third-Party Service.
11.3 We may, but do not have to, preview, verify, flag, modify, filter, block or remove Third-Party Services. You must comply with all agreements and other legal requirements that apply to Third-Party Services.
12.1 If we share non-public information about Jiffypix or any of our services with you via email, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.
13. Intellectual Property
13.1 Customer Content. You retain your rights to any Customer Content you generate, post, or display on or through the platform. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Customer Content for the purposes of providing, supporting, enhancing, and developing our products and services.
13.2 All content created using cc0, or Public Domain license images, retain that license. All Jiffypix subscription plan use cc0 images.
14.1 We welcome your suggestions, comments, bug reports, feature requests or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant Jiffypix a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose.
14.2 We keep all rights and interests in Jiffypix. All images may contain Content owned or licensed by Jiffypix (“Jiffypix Content”). Jiffypix is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Jiffypix, we own and retain all rights in the services and in any Jiffypix Content.
15.1 You may not use Content in a pornographic, defamatory, unflattering, or other unlawful manner. If the use is unflattering you should indicate that the person depicted is used only for illustrative purposes.
15.2 If you use Content that features recognizable persons or property you should confirm with the creator whether additional permissions are required in connection with your use.
15.3 You may not falsely represent that you are the original creator of a work that is made up largely of Content. For instance, you cannot create a painting based solely on licensed Content and claim that you are the author.
15.4 You may not use Content where trademarks, logos, brands or works of art appear. If you found Content with any of these depicted in them, you may need the permission of the brand owner of the brand or work of authorship or individual depending on how you use the photo.
15.5 You may not imply that there is any association, endorsement or affiliation with any trademarks or brands.
15.6 You may not compile images or other material from Jiffypix to replicate a competing or similar service.
16. Payment Terms, Trials, Renewals
16.1 Fees and Trials. You must pay all fees for the Jiffypix account you purchase, except for Product/Service that we expressly offer free of charge, for example, our free trials.
16.2 Paid Services. For a paid Jiffypix account, you must provide us with a valid credit card. We will automatically charge you based on your chosen plan (such as monthly or yearly).
16.3 We will share your account information with financial institutions and payment processing companies, including your submitted payment information, to process your purchase. Subscription to our plans are for fixed terms, and the associated fees payable are non-refundable.
16.4 Prices are subject to change on 30 days’ notice, provided that no price change will apply during your then-current subscription term. Depending on where you live, foreign exchange fees or differences in prices may apply, including because of exchange rates.
16.5 We do not support all payment methods, currencies or locations for payment. If the payment method you use is no longer valid (such as a credit card that has expired) and you do not edit your payment information or cancel your account, you authorize us to keep billing you for your Jiffypix account subscription and you remain responsible for uncollected amounts.
16.6 If you owe us any unpaid fees, we may suspend your access to your Jiffypix account without prior notice until you pay us in full. Your obligation to pay fees continues through to the end of the period in which you cancel your plan.
17. Auto Renewal of Self-Serve Services
17.1 Jiffypix plans will renew automatically at the end of the term (which may be monthly or annually, depending on the plan you chose when you purchased a Jiffypix account), and we will automatically bill you on renewal unless you cancel your account.
18. Cancellation and Termination of Account
18.1 You may cancel your Jiffypix plan at any time. If you cancel your account, you must continue to pay for the rest of your plan term and you are not entitled to a refund.
18.2 We may refuse to provide service to anyone for any reason at any time. We may also immediately suspend or terminate your access to your Jiffypix account for any reason, at any time, without notifying you in advance.
18.3 If we terminate this Agreement because you violated the Acceptable Use Terms or any other part of this Agreement, you will not receive a refund. If we terminate your access to Jiffypix account under this section for no reason, we will refund you for the amount paid.
18.4 We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
18.5 Disputes lodged with payment agents: If, as a user via your Jiffypix account, you lodge a dispute with a payment agent, this will result in a freezing of your Jiffypix account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues and means we cannot make payments or issue refunds out of your Jiffypix account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
18.6 If the currency needs to be converted for the refund, then the current currency rate, and not the currency rate at the time of the order, is used in the conversion.
19. How to Terminate Your Subscription
19.1 You can terminate your subscription at one day’s notice. You terminate your subscription by logging onto the Service at our Website.
19.2 Failure to pay for your subscription, for example by deleting your payment information, will not be seen as termination and does not relieve you of the obligation to pay.
19.3 Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.
20. Disclaimer of Warranties and Limitation of Liability
20.1 We offer Jiffypix “as is” and are not making any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that our Self-Serve Services will meet your requirements or that our Self-Serve Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free.
20.2 Use our Jiffypix service at your own risk. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of Jiffypix and our affiliates from any claims, known or unknown, you have against them.
20.3 We will not be liable for indirect, punitive, incidental, special, consequential or exemplary damages, or for loss of profits, goodwill or data or other intangible losses, that result from the use of, or inability to use, Jiffypix or any other aspect of this Agreement.
20.4 Under no circumstances will we be liable for any Third-Party Services, Social Networks or activities of third parties, any connection to or transmission from the Internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorized access to or use of your Jiffypix account or the information contained in your account, including Customer Content.
20.5 No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.
20.6 Our prices are set based on limitations of liability and the disclaimers of warranties in this section. You acknowledge that they will survive and apply even if found to have failed their essential purpose.
20.7 If you are dissatisfied with the use of Jiffypix or believe that you’ve been harmed by your use of our product or this Agreement, you may terminate your use of our account (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.
21. Claims and Disputes
21.1 Claims and Disputes will be subjected under Irish Law. Any dispute, cause of action or claim arising out of this Agreement or your use of our Self-Serve Services, including against any Jiffypix Party (“Dispute”), without giving effect to conflict-of-law principles.
21.2 You will indemnify and hold harmless Jiffypix from and against all losses, damages, penalties, liability and costs, including reasonable legal fees, of any kind or nature related to any claim against Jiffypix Party related to: (a) Customer Content; (b) your breach of this Agreement or any laws; or (c) your use of your Jiffypix account or any Third-Party Services (including your breach of terms for any Third-Party Services).
21.3 If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.
21.4 Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Jiffypix and you each waive any right to a trial by jury.
21.5 Amendment. We may change any part of this Agreement (including any terms or documents incorporated by reference in this Agreement) at any time by posting the revised terms on the Jiffypix website, and your use of Jiffypix after the effective date of the updated Agreement or other terms constitutes your agreement to the updated Agreement or other terms, as applicable. It is important for you to review this Agreement before using your Jiffypix account and from time to time. The updated Agreement will be effective as of the time of posting, or on such later date as may be specified in the updated Agreement, and will apply to your use Jiffypix from that point forward.
21.6 Assignment. You may not assign your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity.
21.7 Severability. If a court finds part of this Agreement to be invalid, the rest will continue to apply with the minimum changes required to remove the invalid part.
21.8 Force Majeure. We will not be liable to you or any third party for any failure to perform our obligations under this Agreement if that failure results from any cause beyond our control, such as the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks or other acts of hackers; Internet or network failures or interruptions; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts; or if another person (including a Social Network) changes their services or terms or no longer offers their services to you or Jiffypix on terms we believe are reasonable.
21.9 Remedies. If we fail to enforce this Agreement, we are not waiving our right to do so. Any remedies we have under this Agreement are not exclusive of any other remedies we may have under this Agreement, at law or otherwise.
21.10 Entire Agreement. This Agreement, including the other documents referred to as applicable to the Self-Serve Services in this Agreement, is the entire agreement between you and Jiffypix for your use of our Self-Serve Services. Any prior understandings, statements or and agreements (oral or written) do not apply, including additional terms that you may present (such as terms in a unilateral notice from you to us or printed on a purchase order or any other document generated by you). This Agreement is binding on the parties and their permitted successors and assigns.
21.11 These Terms shall be governed by, and exclusively construed in accordance with Irish law without regard to its conflict of laws principles. Any dispute shall be brought before the City Court of Dublin, Ireland.
COPYRIGHT COMPLAINTS – DMCA NOTICE
22.1 Jiffypix respects the intellectual property rights of others. Per the DMCA, Jiffypix will respond expeditiously to claims of copyright infringement on the Site (jiffypix.com) if submitted to Jiffypix’s Copyright Agent as described below.
22.2 Upon receipt of a notice alleging copyright infringement, Jiffypix will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
22.3 Please note that all images used on Jiffypix.com are cc0 as verified by our image library partners pixabay.com. In the event that you make a DMCA request relating to one of these images, you may be asked to first send your DMCA request to our image library partner for verification.
If you believe that your intellectual property rights have been violated by Jiffypix or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Jiffypix, can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
6. Your electronic or physical signature.
Jiffypix may request additional information before removing any allegedly infringing material. In the event Jiffypix removes the allegedly infringing materials, We will immediately notify the person responsible for posting such materials that Jiffypix removed or disabled access to the materials. Jiffypix may also provide the responsible person with your email address so that the person may respond to your allegations.Pursuant to 17 U.S.C. 512(c). Jiffypix designated Copyright Agent is:
23. Third Party Links, Sites, and Services
23.1 The Service may contain links to third-party websites that are not owned or controlled by Jiffypix. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
23.2 If you access any third-party website from Jiffypix, you do so at your own risk and you agree that Jiffypix will have no liability arising from your use of or access to any third-party website.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Jiffypix website is operating under Systemivity Limited
13 Baggot Street Upper
To file a complaint or to receive further information regarding use of the Service, send a letter to the above address or contact Jiffypix via
e-mail at [email protected]
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.