Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and MakPixel ("we," "us," "our") regarding your use of the MakPixel platform located at makpixel.com (the "Platform"). These Terms apply to all users, including photographers, buyers, and visitors.

By creating an account, uploading content, making purchases, or using any part of our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Platform Description

MakPixel is a Web3-enabled photography marketplace that operates on the Solana blockchain. Our platform enables:

• Photographers to upload, showcase, and monetize their work
• Buyers to discover, license, and download high-quality photography
• Blockchain-based payments using MAKPIX tokens and traditional methods
• Direct creator monetization with transparent revenue sharing
• Quality-based reward systems for content creators

3. User Accounts and Eligibility

3.1 Account Requirements

• You must be at least 18 years old to use MakPixel
• You must provide accurate and complete registration information
• You are responsible for maintaining the confidentiality of your account credentials
• You may not create multiple accounts or share your account with others
• You must notify us immediately of any unauthorized use of your account

3.2 Account Verification

We may require identity verification for certain features, including but not limited to:

• Higher-tier photographer accounts
• Large volume transactions
• Withdrawal of earnings above certain thresholds
• Compliance with legal and regulatory requirements

4. Content and Intellectual Property

4.1 User Content

By uploading content to MakPixel, you represent and warrant that:

• You own all rights to the content or have proper authorization
• The content does not infringe on any third-party rights
• You have obtained all necessary model releases and permissions
• The content complies with all applicable laws and regulations
• The content meets our quality and content guidelines

4.2 Content License to MakPixel

You grant MakPixel a non-exclusive, worldwide, royalty-free license to:

• Display, distribute, and promote your content on our platform
• Create thumbnails and preview images
• Use content in marketing and promotional materials
• Process and optimize content for platform performance

4.3 Prohibited Content

You may not upload content that:

• Violates any intellectual property rights
• Contains illegal, harmful, or offensive material
• Depicts minors in inappropriate contexts
• Promotes violence, discrimination, or hate speech
• Contains malware or malicious code
• Violates privacy rights or contains personal information without consent

5. Transactions and Payments

5.1 MAKPIX Token Payments

• MAKPIX tokens are utility tokens for platform transactions
• Token prices are set by photographers and subject to market dynamics
• Token purchases provide 50% discount compared to traditional payments
• All blockchain transactions are final and irreversible
• You are responsible for wallet security and private key management

5.2 Traditional Payments

• Traditional payments are processed through third-party providers
• All prices are displayed in USD with local currency conversion
• Payment processing fees may apply
• Refunds are subject to our refund policy

5.3 Revenue Sharing

• Photographers receive 80% of net sales revenue
• MakPixel retains 20% for platform operations and development
• Payments are processed automatically upon transaction completion
• Tax obligations are the responsibility of individual users

6. Platform Usage Rules

6.1 Acceptable Use

You agree to use MakPixel only for lawful purposes and in accordance with these Terms. You may not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful or malicious code
• Attempt to gain unauthorized access to platform systems
• Interfere with platform operations or other users' experience
• Create fake accounts or impersonate others
• Engage in fraudulent or deceptive practices

6.2 Content Guidelines

• Content must be original and high-quality
• Accurate tagging and categorization is required
• Content must comply with legal and ethical standards
• Commercial use rights must be clearly indicated
• Content should add value to the platform community

7. Blockchain and Cryptocurrency Risks

7.1 Technology Risks

• Blockchain networks may experience downtime or congestion
• Transaction fees may fluctuate based on network conditions
• Smart contracts may contain bugs or vulnerabilities
• Private key loss results in permanent loss of tokens
• Regulatory changes may affect platform operations

7.2 Financial Risks

• Token values may be highly volatile
• No guarantee of token liquidity or market value
• Platform tokens are not investment securities
• No promise of future profits or returns

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

9. Enforcement and Moderation

9.1 Content Review

We reserve the right to review, approve, reject, or remove any content that:

• Violates these Terms or our content guidelines
• Infringes on intellectual property rights
• Is reported by other users
• May expose us to legal liability
• Harms the platform community or reputation

9.2 Account Suspension and Termination

We may suspend or terminate your account if you:

• Violate these Terms or our policies
• Engage in fraudulent or illegal activities
• Repeatedly upload infringing content
• Abuse or harass other users
• Attempt to manipulate platform systems

10. Disclaimers and Limitations

10.1 Platform Availability

We strive to maintain platform availability but do not guarantee uninterrupted service. The platform may be temporarily unavailable due to:

• Scheduled maintenance and upgrades
• Technical difficulties or system failures
• Third-party service provider issues
• Blockchain network congestion or downtime
• Force majeure events beyond our control

10.2 No Warranties

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKPIXEL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal dispute proceedings, you agree to attempt to resolve any dispute through informal negotiation by contacting us at legal@makpixel.com with a detailed description of the dispute.

11.2 Arbitration

Any dispute arising from or relating to these Terms or your use of MakPixel shall be resolved through binding arbitration in accordance with the rules of the Dubai International Arbitration Centre (DIAC).

11.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and MakPixel individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to conflict of law principles. Any legal proceedings not subject to arbitration shall be brought in the competent courts of Dubai, UAE.

13. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Post the updated Terms on our platform
• Update the "Last Updated" date
• Notify users of material changes via email or platform notification
• Provide reasonable notice before changes take effect

Your continued use of the platform after the effective date of any changes constitutes your acceptance of the revised Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be replaced with an enforceable provision that most closely reflects the original intent.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the platform, constitute the entire agreement between you and MakPixel regarding your use of the platform.