https://www.pexels.com/terms-of-service/

Terms and Conditions ("Terms")

Please read these Terms and Conditions (“Terms”) carefully before accessing or
using the website at www.pexels.com and all related websites, software, apps,
and/or plug-ins (together the “Service”) made available by Pexels GmbH
(“Pexels”, “us”, “we” or “our”).

1. Acceptance of Terms

1.1. Pexels operates the website www.pexels.com (“Website”), a platform that
allows you to post, link, store, share and otherwise make available certain
information, text, graphics, photos, videos, or other material (together
“Content”). Our goal is to help designers, bloggers and everyone who is looking
for an image to find photos and other Content that you can use for free subject
to and in compliance with these Terms.

1.2. Your access to and use of the Service is conditioned on your acceptance of
and compliance with these Terms. These Terms apply to all photographers,
visitors, users and others who access and/or use the Service.

1.3. By accessing or using the Service, whether as a photographer, visitor or
user of the Website, you agree to be bound by these Terms. These Terms serve to
protect and safeguard your rights, the rights of other users, our rights and the
rights of third parties in the course of operating the Website. If you do not
agree to the terms of use, you must immediately stop using any part of the
Service.

1.4. We reserve the right to change or adapt these Terms at any time and without
giving reasons with effect for the future. You will be notified of these changes
at least two weeks before they take effect by posting them on the Website and
should you have created a user account on our Website by notifying your
registered e-mail address. You have the right to immediately cancel and
terminate your account on our Website if you do not agree to the changes to the
Terms. Changes shall be deemed approved by you if you continue to use the
Service after the new Terms come into effect.

1.5. The use of the Service is subject to the Terms in force at the time of use.

2. Accounts and Registration

2.1. You have the option of creating a user account on our Website so that you
can use the additional functions of the Website, in particular for uploading
photos and other Content or for participating in any contests made available
through the Service. The opening of a user account can only take place with the
agreement to these Terms.

2.2. Upon registration, Pexels and you enter into a contract for the use of the
Website and the Services. There is no claim to the conclusion of this contract.
Pexels is entitled to refuse your registration without giving reasons.

2.3. You may only register with Pexels if you are 18 years of age or if you act
with the consent of your parents or guardian to register under these Terms.
Pexels reserves the right to verify the consent of your parents or guardian.
Therefore, you must provide an e-mail address of your parents or guardian when
you register, so that we can obtain a declaration of consent from your parents
or guardian.

2.4. When you create an account with us, you must provide us with the
information and data requested by Pexels that is accurate, complete, and current
at all times. If your data changes after registration, you are obliged to
correct the information in your account immediately.

2.5. 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 trademark that is subject to any
rights of another person or entity other than you without authorization, or a
name that is otherwise offensive, vulgar or obscene.

2.6. You are responsible for safeguarding the password that you use to access
the Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service. If you are not
responsible for the misuse of your member account, you are not liable. You agree
not to disclose your password to any third party. You must notify us immediately
at info@pexels.com upon becoming aware of any breach of security or unauthorized
use of your account.

3. Contests, Sweepstakes and Promotions

3.1. Occasionally, Pexels or our partners and/or advertising partners conduct
promotional activities on the Website, such as contests, sweepstakes or other
promotions (together "Promotions"). Each of these Promotions are subject to
additional special conditions ("Conditions of Participation"), which will be
published on our Website or otherwise notified to you by Pexels.

3.2. When participating in Promotions, you must separately agree to the
applicable Conditions of Participation. After approval, the Conditions of
Participation are an integral part of these Terms. In the event of a conflict
between the Conditions of Participation and the Terms, the Conditions of
Participation shall prevail with respect to the Promotion in question.

3.3. All prizes in connection with a Promotion are non-transferable and cannot
be changed for cash or other products or services. Pexels reserves the right to
modify or replace the Promotion prizes.

Information on Data Protection

Participation in the Promotion requires the participant to provide personal data
such as name, address, telephone number and e-mail address. These personal data
will be collected and processed by Pexels GmbH and/or by appointed providers
(e.g. companies providing tech gadgets, coupons or other prizes) for the purpose
of participation, implementation and handling of the Promotion and the possible
notification of a win on the basis of Article 6 (1) (b) GDPR (performance of
contractual relationships with you). Personal data will not be passed on to
third parties, with the exception of partners, which are also involved in the
Promotion. In the event of a win, the personal data collected for participation
in the Promotion will be transferred to the respective third party involved
(hotels, travel agents/organisers) exclusively for the above-mentioned purpose.
As soon as the process of determining the winner and of handing-out the price is
completed and the data provided is no longer required, they are deleted, unless
continued storage is required on legal grounds.

You have the right:

* in accordance with Article 15 GDPR to obtain information about the personal data
processed by us;

* in accordance with Article 16 GDPR DSGVO to obtain without undue delay the
rectification or completion of your personal data stored by us;

* in accordance with Article 17 GDPR to obtain the erasure of the personal data
stored by us, unless the processing is necessary for exercising the right of
freedom of expression or information, for compliance with a legal obligation,
for reasons of public interest or for the establishment exercise or defense of
legal claims;

* in accordance with Article 18 GDPR to obtain the restriction of the processing
of your personal data if you contest the accuracy of the personal data, the
processing is unlawful, but you oppose their erasure and we no longer require
the data, but you require these for the establishment, exercise or defense of
legal claims or you have objected to their processing in accordance with Article
21 GDPR;

* in accordance with Article 20 GDPR to receive your personal data in a structure,
commonly used and machine-readable format or have such transmitted to another
controller;

* in accordance with Article 77 GDPR to complain to a supervisory authority. You
can usually contact the supervisory authority at your normal place of residence
or your workplace or where we are headquartered for this.

Such personal data as may be collected, saved, transferred, processed or used
shall be consulted by Pexels GmbH and by such providers as are appointed in this
connection – together with any partners which may be involved – and (in the
event of a win) collected, saved etc by any involved 3rd parties (hotels, travel
agents/organisers) exclusively for that purpose and shall be deleted once the
competition has been wound up in its entirety, unless there are compulsory legal
reasons requiring that the data should not be deleted. Otherwise, the general
data-protection guidelines of Pexels GmbH (Privacy Policy) shall apply.

4. User Content

4.1. When you upload any Content to the Service, you grant us a worldwide,
non-exclusive, permanently, irrevocable, royalty-free license (with the right to
sublicense) to reproduce, adapt and modify (incl. translation), distribute,
publicly perform, publicly display, broadcast, make available, store and archive
and otherwise use such Content (in whole or in part) on and through the Service.

4.2. You acknowledge and confirm that your Content will be made available to the
public on and through the Service for personal and commercial use of third
parties subject to these Terms without providing you attribution or
compensation.

4.3. You may not upload, post or transmit any Content that:

* Infringes any third party’s copyrights or other intellectual property rights,
contract rights or any other rights of any person;

* Contains any pornographic, racist, defamatory, libelous or otherwise immoral,
vulgar or obscene content;

* Depicts unlawful or violent, hateful or threatening or otherwise inappropriate
acts;

* Offends, defames, harasses or otherwise damages Pexels or any third party;

* Violates any law, statute, or regulation.

4.4. We reserve the right to remove any Content at any time if we believe it’s
defective, of poor quality, or in violation of these Terms.

4.5. You represent and warrant that: (i) the Content is yours (you own it) or
you have the right to use it and grant us the rights and license as provided in
these Terms, and (ii) Pexels will not need to obtain licenses from any third
party or pay a compensation or royalties to any third party with respect to the
Content; (iii) your Content does not infringe any third party rights (including
in particular copyrights, neighboring rights, intellectual property rights, name
rights, right of personality, rights of privacy, data rights or other property
rights), and (iv) your Content complies with these Terms and all applicable
laws.

4.6. When you upload any Content to the Service you also authorize us under your
copyrights to enforce any violations of the sublicense we grant in the Content
to others. In other words, Pexels is entitled to take appropriate measures to
pursue the rights granted to us hereunder. You shall support us in the court or
non-court assertion of the acquired rights, in particular by providing
information, providing the necessary original documents and other documents,
making or having made the necessary assignment of rights to Pexels, as well as
preparing any further declarations or documents which should be required or
useful for the realisation of the license granted by you to Pexels.

5. Intellectual Property; License to Users

5.1. Subject to your compliance with these Terms, you may access and use the
Website and Service.

5.2. The Website and the Service are protected by copyright, trademark and/or
other protective rights and are subject to copyright law and other protective
laws ("Pexels Rights"). Pexels is the rightful owner or licensee of all rights
to the Website and the Service. With the exception of the use of the Website and
Service in accordance with these Terms, use of Pexels Rights is only permitted
with the prior written consent of Pexels.

5.3. Except for certain sponsored content (i.e. content from partners that you
can buy from them by getting redirected to their website, hereinafter "Sponsored
Content"), all Content made available for download on the Service can be used
for free for personal and/or commercial purposes subject to some limitations as
set out in these Terms. You do not need to, but you can, credit the photographer
or owner of the Content or Pexels.

5.4. CC0 License

Some of the Content made available for download on the Service is subject to and
licensed under the Creative Commons Zero (CC0) license ("CC0 Content"). The CC0
Content on the Service is marked with the reference "CC0 License" next to the
respective picture / content made available for download. This means that to the
greatest extent permitted by applicable law, the authors of the of work have
dedicated the work to the public domain by waiving all of his or her rights to
the CC0 Content worldwide under copyright law, including all related and
neighboring rights. Subject to the CC0 License Terms the CC0 Content can be used
for all personal and commercial purposes without attributing the author/ content
owner of the CC0 Content or Pexels.

Be aware that the patent or trademark rights of any person, nor the rights that
other persons may have in the CC0 Content or in how the CC0 Content is used,
such as publicity or privacy rights, are not affected by CC0. Therefore,
depending on the intended use of the CC0 Content (in particular commercial
purposes), in the case of the depiction of identifiable people, logos, trademark
or copyrightable work depicted in the CC0 Content, you therefore may still need
the permission or consent from third parties.

Furthermore, when using the CC0 Content, you may not imply endorsement of
products and services by the author of the CC0-Content and/or any person,
company or brand depicted in the CC0-Content.

5.5. Pexels License

For all Content made available for download on the Service, that is not
CC0-Content or Sponsored Content, Pexels grants you an irrevocable, perpetual,
non-exclusive, royalty-free license to download, copy, modify, distribute,
perform, and otherwise use the Content (this does not include Sponsored
Content), including for commercial purposes, without attributing the
photographer/ content owner or Pexels ("Pexels License"). The Content made
available for download on the Service under the Pexels-License ("Pexels
Content") is marked with the reference "Pexels License" next to the respective
picture / content. The Pexels License does not include:

* the right to compile any Pexels Content to replicate a similar or competing
Service;

* the right to sell copies of the Pexels Content without first updating,
modifying, or otherwise incorporating new creative elements into the Content
(i.e., selling unaltered copies of photos, videos or other content), including
selling the Content as prints or printed on physical goods.

5.6. While photographers and users that upload Content to our Website represent
and warrant to us that they have all the rights therein and that the Content
does not infringe any third party rights, Pexels cannot reasonable monitor all
Content uploaded to the Service. We therefore do not make any representations or
guarantees for the rights granted hereunder to you.

5.7. Be aware that, depending on your intended use of the Content, you may need
the permission or consent of a third party (e.g. owner of a brand, identifiable
person or author/rights holder of copyrightable work depicted in the Content).

6. Restrictions on use of the Service and Content

6.1. You represent and warrant to Pexels that by using the Service you will NOT:

* impersonate any other person on the Services, e.g. a representative of Pexels or
any other person responsible for the Services, or impersonate any non-existent
relationship with such persons;

* use the Service and/or Website for the storage, publication and/or transmission
of "junk mails", chain letters, unsolicited bulk e-mails, etc., or for any other
purpose. "("spamming");

* send any data or store any data on a Pexels data carrier which, by its nature or
nature (e.g. viruses), size or reproduction (e.g. spamming), is intended to
impair or endanger the existence or operation of the Services and the Pexels
data network;

* make any electronic attacks of any kind on the Service or network; in
particular, the use of computer programs to automatically read out data such as
robots, spiders, etc. is prohibited;

* use or exploit any metatags or other hidden texts containing the name or
trademark of Pexels without the express written consent of Pexels;

* collect, store or use any personal information, including member names and
profiles, about other users;

* copy the look and feel of the Website.

6.2. Furthermore, despite the Pexels License provided to you by Pexels hereunder
you agree to NOT use any Pexels Content made available via the Service (in whole
or in part):

* to portray any person depicted in the Content (a "Person") in a way that a
reasonable person would find offensive, including but not limited to depicting a
Person: a) in connection with pornography, adult entertainment venues, escort
services, dating services, or the like; b) in connection with the endorsement of
products and services (i.e. statement made to the Person highlighting the
benefits or recommending products/services to the public) ; c) in a political
context, such as the promotion, advertisement or endorsement of any party,
candidate, or elected official, or in connection with any political policy or
viewpoint; d) as suffering from, or medicating for, a physical or mental
ailment; or e) engaging in immoral or criminal activities;

* in a pornographic, defamatory, or deceptive context, or in a manner that could
be considered libelous, obscene, or illegal;

* as a trademark, service mark, logo or other indication of origin, or as part
thereof;

* in a manner that infringes upon any third party’s copyright, trademark or other
intellectual property, or gives rise to a claim of deceptive advertising or
unfair competition;

* falsely represent, expressly or by way of reasonable implication, that any
Content was created by you or a person other that the copyright holder(s) of
that Content;

* access, download, copy, modify, distribute, perform, or use any Content to
create a similar or competitive service or to contribute the Content to an
existing similar or competitive service.

7. Violation of Terms and Termination of Use

7.1. Pexels reserves the right to reject the publication of Content at its own
discretion and to delete Content already published.

7.2. Pexels further reserves the right to restrict or suspend your access to the
Services in whole or in part at any time, without prior notice and excluding any
claim for damages on your part ("Suspension"), if there are reasonable grounds
for suspecting violations by you of these Terms and/or the applicable Conditions
of Participation.

7.3. If you prove within twelve (12) months after the Suspension that you have
not violated the Terms the applicable Conditions of Participation, Pexels will
lift the Suspension. If such proof is not provided within the 12-month period,
Pexels is entitled to delete your member account including all its data.

7.4. Pexels expressly reserves the right to take legal action, in particular to
assert claims for damages or to file criminal charges.

8. Notice of Infringements

8.1. Please let us know if you believe that any Content made available on and
via the Service contains a violation of the law. The message can be sent by
e-mail to the address info@pexels.com.

8.2. If you as the copyright owner or as its representative believe that your
copyrights are infringed by the Content of users stored, published or
transmitted on the Website, please notify us by e-mail to info@pexels.com
including the following information:

* a description of the rights you consider to have been infringed;

* a statement of the content you believe infringes your rights, preferably
including a URL, and the part of the content you believe infringes the law;

* your address, telephone number and email address to contact you;

* a statement by you that, to the best of your knowledge and in good faith, you
believe that the use in question has not been approved or is not authorized by
the rightsholder or its agent.

9. Disclaimer of Warranty; Links to other third party sites

9.1. The use of the Service is at your own risk. The Website and the Service are
offered to you on an "as is" and "as available" basis. We do not warrant that
the Website or the Services will always be uninterrupted, current, timely,
secure, error-free or suitable for use for any particular purpose or to achieve
any particular result.

9.2. Pexels does not guarantee that the content on the Website or on linked
other sites is correct or complete. The content of the users does not reflect
our opinions or views on life. The presence of links to other websites does not
imply that Pexels endorses or recommends the linked website. Pexels has no
influence on the contents of the linked external sites and is not responsible
for them. We strongly advise you to read the terms and conditions and privacy
policies of any third-party websites or services that you visit. Pexels is also
not responsible for the advertising of third parties published on the Website or
for the goods or services offered therein.

9.3. If Pexels becomes aware of any violations of the law through content, links
to third-party websites or advertising published on the website, Pexels will
immediately delete such content, links or advertising.

9.4. Pexels accepts no responsibility for errors, omissions, interruptions,
deletions, defects, delays in operation or transmission, communication line
failures or unauthorized access or theft, destruction or modification of user
communications. Likewise, Pexels is not liable for problems or technical
malfunctions in connection with telephone networks or lines, online systems,
servers or providers, computer equipment, software or for failures of e-mails or
players due to technical problems or data jams on the internet and/or one of the
Service, unless these are within the sphere of influence of Pexels.

10. Liability

10.1. We are liable for damages according to the statutory provisions unless
otherwise stated below. In the case of breach of obligation – on any legal
ground whatsoever – we are responsible for intent and gross negligence. In the
case of simple negligence, we are liable only for

* damage due to injury to life, body or health, and

* damage due to serious breach of a fundamental contractual obligation (obligation
the performance of which at all enables the due performance of the agreement and
on the compliance on which the contractual partner usually relies and is
entitled to rely). In that case, the liability is, however, limited to
reimbursement of foreseeable and typical loss.

10.2. The above limitations of liability also apply in favour of our employees,
staff, representatives and agents.

10.3. For claims under the Product Liability Act, the statutory provisions apply
exclusively.

10.4. Claims for damages against Pexels shall become statute-barred after twelve
(12) months from the date of their creation, unless they are based on
intentional or grossly negligent acts.

11. Indemnification

You agree to defend, indemnify and hold Pexels and its affiliates harmless from
and against any and all claims, damages, liabilities, losses or demands arising
out of or in connection with (i) your use and access to the Website and/or
Service; (ii) your violation of these Terms; (iii) infringement of third party
rights (copyrights, trademark rights, personal rights, etc.) by you or your
Content. The indemnity obligation includes the reasonable costs of legal
defence, in particular lawyer's fees, necessary to defend against such claims.

12. Data Protection

Use of the Website and Service is subject to our Privacy Policy, which is
available at https://www.pexels.com/privacy-policy/.

13. Choice of law, place of jurisdiction

The law of the Federal Republic of Germany shall apply to the exclusion of the
UN Convention on Contracts for the International Sale of Goods. For merchants,
legal entities under public law and special funds under public law, the place of
jurisdiction is Berlin.

14. Miscellanous

14.1. These Terms, together with the applicable Conditions of Participation, our
Privacy Policy, and any other legal provisions published by us on the Website,
constitute the sole agreement between you and Pexels regarding your use of the
Website and the Services.

14.2. Should individual clauses of these Terms be wholly or partially invalid or
should these Terms contain gaps, this shall not affect the validity of the
remaining Terms.