Terms of the Everypixel API Use

The Everypixel API is products and services provided by PressFoto PTE LTD located at 177 Jalan Loyang Besar, #02-05 Singapore CHE 509432 Singapore (hereinafter the “Everypixel API"). The Everypixel API is part of another product called the Everypixel.

We help you automate the processes of image recognition. This Terms of Use apply to the Everypixel API.

These Terms of Use (hereinafter the "Terms") govern your access to and use of the Everypixel API's website and services https://labs.everypixel.com/api (hereinafter the "Site).

Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you shall agree to be bound by these Terms and by our Privacy Policy.

If you do not agree to all of these Terms, do not use this Site. By using the Site, you represent that you are over eighteen (18) and have the authority and right to agree to these Terms. If you are accessing this Site on behalf of any entity, you shall further represent and warrant that you are authorized to accept these Terms on this entity's behalf, and that such entity agrees to indemnify the Everypixel API for violations of these Site Terms.

The Everypixel API reserves the right to alter, amend, or update these Terms of Use at any time, and you agree to be bound by such amendments, alterations or updates.

Ownership of the Site

This Site is owned and operated by the Everypixel API. Some elements including texts, images, data, the selection and arrangement of those elements (hereinafter the “Content”) and the general design, are owned by the Everypixel API or its licensors and protected by copyright, trademark, trade dress, moral rights and other international laws or treaties relating to the intellectual property.

However, not all elements of the Site are owned by the Everypixel API: some texts, still images, moving images, graphics, illustrations, audio, multimedia, graphics, vectors, and software. This content is owned by other websites. Our Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Everypixel API.

Trademarks

You are not permitted to use the Everypixel API trademarks or trade names without prior written consent. In addition, the design and atmosphere of the Site including such elements as the service mark, trademark and/or trade dress of the Everypixel API, shall not be copied, imitated or used, in whole or in part, without our prior written permission.

All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, etc. does not constitute or imply endorsement, sponsorship or recommendation by the Everypixel API.

Sign Up

You may register a personal account on the Site. Your registration becomes effective once we activate your account.

All the information submitted to us during registration or in other communication must be complete and correct. Keep your password confidential and your user profile updated so we can contact you any time.

Your account is valid only for you. You cannot transfer it to anyone else or allow someone else to use it.

Tagging Your Photos

The Everypixel API analyzes your images and tells you what is featured by keywords. The API will provide a list of keywords that denote things or people within the image. Find all the guidelines here

Scoring Aesthetic Quality of Your Photos

By using the Neural Network, you can test and evaluate the aesthetics of your images.

The Neural Network is a code that looks like a sequence of neurons. It can be taught, and it is able to learn independently. The structure of the neural network came straight from biology into the world of programming. Thanks to it, the machine acquires the ability to analyze and even memorize a variety of information.

We trained it to see the beauty of stock photos in the same way as you do.

Find all the guidelines here

Plans and Payment

The prices for the Everypixel API services, as well as potentially granted discounts, can be determined by us. The current Everypixel API plans and prices are available at https://labs.everypixel.com/api at any time.

For paid services, use the available payment methods (by credit card, PayPal and others). Most of payments are accepted by the PressFoto PTE LTD. And some them are accepted by the OOO "Tsifrovaya sobstvennost" registered at 454080, Russia, Chelyabinsk, Lenina str, 83, of. 512 (OGRN 1067453064910, INN 7453162066).

Using our service, you shall always keep full control of your account. However, if your account is not accessed more than 1 year, the Everypixel API will send you a notification about your account deletion within 60 days. If you don't visit the account during this period, the Everypixel API may delete it and annul the funds.

Use of the Site and Its Content. Revocation

This Site and its content are intended for using by the Everypixel API’s customers and visitors. By using the Site and the Content, you shall represent and warrant that you will comply with all applicable laws and regulations, including but not limited to those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside. The Everypixel API reserves the right, in its sole discretion, to revoke your authorization to view, download, and use the Content and information available on the Site at any time and for any reason, with or without notifying you about the revocation, and you shall agree to immediately discontinue the use upon a notice from the Everypixel API.

General Disclaimer

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND THE EVERYPIXEL API EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. API EVERYPIXEL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT THE EVERYPIXEL API, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICES, REPAIR, OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE EVERYPIXEL CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Some countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by your country.

Limitation of Liability

IN NO EVENT, THE EVERYPIXEL API, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM THE USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM THE EVERYPIXEL API, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE EVERYPIXEL'S RECORDS, CONTENT, SOFTWARE OR SERVICES. IN NO EVENT, THE AGGREGATE LIABILITY OF THE EVERYPIXEL API, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE SHALL EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO API EVERYPIXEL FOR ACCESS OR USE OF THE SITE. THE EVERYPIXEL GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND THE LICENSEE MUST ENSURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. THE EVERYPIXEL IDENTIFIED THE CAPTION FOR THE CONTENT TO THE BEST OF ITS ABILITY, BUT CANNOT BE RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. THE EVERYPIXEL IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY MISUSE OF THE CONTENT BY THIRD PARTIES.

INDEMNITY

You shall agree to defend, hold harmless and indemnify the Everypixel API from and against any and all losses, costs, expenses, damages or other liabilities incurred by the Everypixel API arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against the Everypixel API: (a) relating to your use including any payment obligations; or (b) resulting from:

(i) your use of the Everypixel API; (ii) your decision to supply profile or payment information via Scale; (iii) any breach of contract or other claims made by the Everypixel API with which you conducted business through the Everypixel API; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through API Everypixel; (viii) any act or omission of yours with respect to the payment of fees; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to the Everypixel API. Any of such indemnification shall be conditioned on our: (a) notifying you in writing of such a claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. Otherwise, we reserve the right to report any wrongdoing that we become aware of to the applicable government agencies.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of Singapore, without respect to its conflict of laws principles.

Our Products are controlled and operated from Singapore, and we make no representations that they are appropriate or available for use in other locations.

Notification Procedures and Changes to These Terms

The Everypixel API reserves the right to determine the form and means of providing notifications to you, and you shall agree to receive legal notices electronically if we choose this way. We may revise these Terms from time to time, and the most current version is always accessible on our website. By continuing to access or use the Site after revisions become effective, you shall agree to be bound by the revised Terms. If you do not agree with the new Terms, please stop using the Site.

October 2018