1. About These Terms
These Website Terms of Use (“Website Terms”) apply whenever you access, browse or otherwise use Pixelly, whether or not you have an Account. Pixelly Ltd (“Pixelly”, “we”, “us” or “our”) is a company incorporated in England and Wales under company number 17224613 and operates the Pixelly online marketplace. In these Website Terms, “Pixelly” includes www.pixelly.uk, its sub-domains and any progressive web app, mobile application, API or other interface operated by Pixelly for the marketplace. References to “you” or “your” mean any person accessing or using Pixelly.
By accessing or using Pixelly, you agree to be bound by these Website Terms. If you do not agree to them, you must not access or use Pixelly.
Pixelly is not designed for children. You must be at least 18 years old to create an Account or use Pixelly to send enquiries, messages or request a Booking.
If you create a Customer Account, the Customer Terms also apply to you. If you create or operate a Studio Account, the Studio Terms also apply to you. The applicable Account Terms will be made available to you before you are asked to accept them. Those more specific terms govern matters such as Accounts, Bookings, payments, cancellations, refunds, Studio subscriptions and other account-specific activity.
Other Pixelly policies may also apply depending on how you use Pixelly. Our Privacy Policy explains how we collect and use personal information, and our Cookie Policy explains how we use cookies and similar technologies.
2. Pixelly as a Marketplace
Pixelly is an online marketplace that currently operates in the United Kingdom. Studios must be established in the United Kingdom. Where a Creative Service involves attendance at a physical location, that service must take place in the United Kingdom.
Pixelly enables individuals and businesses (“Customers”) to discover and book independent creative-service businesses (“Studios”). Studios may offer photography, videography, editing, content creation and other related creative services through Pixelly (“Creative Services”). Studios are independent traders and are responsible for the Creative Services they advertise and provide.
Pixelly provides the marketplace and related functionality, including search, Accounts, enquiries, messaging, scheduling, Bookings, payment facilitation, reviews and related tools. Pixelly does not itself provide the Creative Services advertised by Studios and is not a party to the contract for Creative Services between a Customer and a Studio.
A Studio may provide additional service-specific terms, policies or requirements for its Creative Services. Where those are properly presented and agreed as part of a Booking, they form part of the Customer-Studio relationship and do not make Pixelly a party to the Creative Services contract.
3. Browsing, Accounts and Acceptable Use
You may browse Pixelly and view Studio profiles and listings without an Account. A Customer Account is required to send an enquiry, use Booking-related messaging or request a Booking. A Studio Account is required to create and operate a Studio profile or listing. Other Account features require the relevant Customer Account or Studio Account.
Customers may create a Customer Account free of charge. Studios must create a Studio Account and may be required to pay the applicable subscription fees set out in the Studio Terms. Unless the applicable Account Terms expressly permit otherwise, each individual may maintain only one personal Account and each Studio may maintain one Studio Account for each legal business entity. Approved team-member seats may be added to a Studio Account where that functionality is available.
You must provide accurate and complete information when creating or using an Account, keep that information up to date and take reasonable steps to keep your login credentials secure. You must notify us without undue delay at hello@pixelly.uk if you suspect unauthorised access to or use of your Account.
We may refuse to create, restrict, suspend or terminate an Account where reasonably necessary, including where eligibility requirements are not met, we reasonably suspect fraud or misuse, action is required by law or for security or safety reasons, or these Website Terms or other applicable Pixelly terms have been breached. Where action is not urgent and the law permits, we will take reasonable steps to explain the reason for the action and allow an appropriate opportunity to respond.
You must use Pixelly lawfully and must not misuse, disrupt or interfere with Pixelly or use it for any fraudulent, malicious or unlawful purpose. In particular, you must not:
• interfere with the operation, security or functionality of Pixelly, or with another person's use of Pixelly;
• attempt to bypass security measures, gain unauthorised access to another person's Account or to any restricted part of Pixelly, or introduce viruses, malware or other harmful code;
• scrape, crawl, harvest, extract or systematically collect information from Pixelly, or use bots or other automated tools, without our permission where doing so could interfere with Pixelly, place an unreasonable burden on our systems, breach applicable law or create a commercial database or competitive-intelligence dataset;
• use information obtained through Pixelly for spam, harassment, fraud, unlawful profiling or marketing unrelated to a genuine interaction or Booking through Pixelly;
• provide false or misleading information about your identity, business, qualifications, services, availability, pricing or any other material matter;
• impersonate Pixelly, a Studio or another person, or use Pixelly's name, branding or content in a way that falsely suggests an affiliation with, endorsement by or authorisation from Pixelly;
• use Pixelly's messaging or communication features primarily to advertise, promote or solicit products or services unrelated to a genuine enquiry, Booking or other permitted use of Pixelly; or
• upload, publish, send or otherwise make available content that is unlawful, abusive, threatening, discriminatory, defamatory, obscene, infringing, malicious or otherwise prohibited by these Website Terms.
4. Studio Listings and Verification
Studio profiles and listings are created and maintained by independent Studios. Information shown on a listing may include portfolio content, service descriptions, availability, pricing, policies and other information supplied by the Studio. Studios are responsible for ensuring that the information they provide is accurate, current and not misleading.
Where a price is displayed to a Customer acting as a consumer, Pixelly will present the total price payable for the Creative Service, including VAT where applicable, any mandatory Pixelly fee and any other unavoidable charge that can reasonably be calculated at that stage. Where all or part of the total price cannot reasonably be calculated in advance because it depends on the Customer's requirements or other variable information, Pixelly will clearly provide the information or method needed to calculate the amount. A price breakdown may also be shown, but will not replace the total price where the total can reasonably be calculated.
Studios must complete the verification checks required by Pixelly before they are permitted to list on the marketplace, and Pixelly may carry out further or repeat checks while a Studio remains on Pixelly. Any verification status or similar indication means only that the Studio has completed the checks specified by Pixelly at the relevant time. It is not a guarantee or endorsement of the Studio's services, quality, suitability, availability or future conduct.
Studios remain responsible for the accuracy of their listings and for maintaining any qualifications, permissions, insurance, registrations or other requirements that apply to their business or Creative Services.
Some Studios publish an optional team area showing photographs, names, roles or short descriptions of people in their business. That content is supplied and maintained by the Studio and is not verified by Pixelly. Showing a person in a team area is not an endorsement by Pixelly and is not a guarantee that any particular person will carry out or attend a Booking.
Pixelly may review, format, restrict, suspend or remove a Studio listing where reasonably necessary, including for legal or regulatory compliance, accuracy, safety, fraud prevention, verification or the proper operation of the marketplace.
Availability displayed on a Studio listing is indicative only and does not by itself create a Booking or a contract for Creative Services. The applicable Customer Terms, Studio Terms and information shown during the Booking journey explain when a Booking becomes binding and the pre-contract information that applies.
5. Reviews
Pixelly may display reviews, ratings and review-derived information. Reviews of Studios may only be submitted by eligible Customers in connection with an eligible Pixelly Booking. The Customer Terms set out the detailed eligibility and review rules for Customers, and the Studio Terms contain the corresponding rules that apply to Studios. Where Pixelly provides or uses a facility to display reviews about Pixelly itself, those reviews must also reflect a genuine experience.
Fake, misleading and incentivised reviews are prohibited. Customers, Studios and anyone acting on their behalf must not create, commission or arrange a fake review; manipulate ratings or review activity; or offer, provide, request, accept or arrange payment, discounts, gifts, benefits or any other incentive in exchange for a review.
Pixelly takes reasonable and proportionate steps to prevent, detect, investigate and remove fake, misleading or incentivised reviews. This may include checking whether a Studio review relates to a genuine Booking, requesting information reasonably needed to verify a review, investigating suspicious activity and restricting or removing reviews where appropriate. A genuine negative review will not be removed merely because a Studio or Pixelly disagrees with it.
Where Pixelly displays ratings, review counts or other information derived from reviews, we take reasonable steps to present that information accurately and not in a way that gives a false or misleading impression of the reviews received.
Users may report a review they reasonably believe is fake, misleading, unlawful or otherwise prohibited through our Enquiries form by selecting “Other”, or through any other review-reporting mechanism we make available, and providing enough information for us to identify the review concerned.
6. Illegal Content, Reporting and Complaints
You must not use Pixelly to create, upload, send, request, promote, facilitate or otherwise make available illegal content or to engage in illegal activity through Pixelly.
This includes, where applicable, content or activity involving fraud, terrorism, threats or unlawful harassment, hate offences, child sexual exploitation or abuse, intimate-image abuse, encouragement or assistance of serious self-harm, malicious communications or other criminal activity.
Pixelly uses proportionate systems and processes designed to reduce the risk of Pixelly being used for illegal activity, protect Users from encountering illegal content and remove illegal content promptly when we become aware of it. These measures may apply to Studio listings, reviews, messages, images, files and other User Content made available through Pixelly.
Where we reasonably believe that content or activity is illegal or breaches these Website Terms, we may remove or restrict the content, restrict relevant functionality, suspend or terminate an Account, or take other proportionate action. Where required or permitted by law, we may also preserve relevant information or report content or activity to law-enforcement bodies, regulators or other competent authorities.
Users and other persons affected by content on Pixelly may report content or activity they believe to be illegal through our Enquiries form by selecting “Other”, or through any other reporting mechanism we make available, and providing enough information for us to identify and assess the content or activity concerned. We may request information reasonably necessary to investigate the report.
Users may complain about Pixelly's handling of an illegal-content report, a relevant content or Account decision, or Pixelly's application of these provisions through our Enquiries form by selecting “Other” and providing details of the complaint.
Pixelly will consider reports and complaints fairly and in accordance with applicable law and its published procedures. We will apply these provisions consistently when making decisions about illegal content and related enforcement action.
7. Content and Intellectual Property
7.1 Pixelly's Intellectual Property
Pixelly owns or has the right to use the intellectual property in the Pixelly marketplace, including its branding, logos, design, layout, software, databases, copy and content provided by Pixelly. This does not include content owned by Users or other third parties.
You may access and use Pixelly for its intended purpose. Unless permitted by law or authorised by us in writing, you must not copy, reproduce, modify, distribute, sell, license, reverse engineer, decompile, extract or commercially exploit any part of Pixelly or its content.
Nothing in these Website Terms transfers ownership of Pixelly's intellectual property to you.
7.2 Content You Provide
You retain ownership of any content that you own and submit or upload to Pixelly (“User Content”).
When you submit or upload User Content to Pixelly, you grant Pixelly a worldwide, non-exclusive and royalty-free licence to host, store, reproduce, process, transmit and display that content to the extent reasonably necessary to provide, operate, secure and improve Pixelly. Where technical formatting requires it, this licence also permits proportionate adaptation of the format of the content without changing its substantive meaning.
Where User Content is submitted for public display, you also permit Pixelly to reproduce, format, display and moderate it for that purpose and, where appropriate, to use the publicly displayed material to present or promote the relevant public Pixelly marketplace feature. Studio profile, listing and portfolio content is subject to any additional provisions set out in the Studio Terms.
This licence continues for as long as reasonably necessary to provide the relevant functionality and for reasonable periods afterwards where we need to retain copies for backups, record-keeping, disputes, enforcement or legal obligations.
This licence does not give Pixelly the right to use private messages, Booking information or private files exchanged through Pixelly for advertising or promotional purposes. Ownership and licensing of creative deliverables produced under a Booking are governed by the Customer Terms, Studio Terms and the contract between the Customer and Studio, rather than by this Website Terms licence.
7.3 Your Responsibility for Content
You must only submit or upload User Content where you have the necessary rights, permissions and consents to do so.
User Content must not:
• be unlawful, fraudulent, defamatory, threatening, abusive, discriminatory, obscene or otherwise seriously offensive;
• infringe another person's intellectual property, privacy, confidentiality or other legal rights;
• contain personal information about another person where you do not have the right or permission to provide it;
• contain malware or other code or material designed to damage, disrupt or gain unauthorised access to systems or data; or
• otherwise breach these Website Terms or any other terms or policies that apply to your use of Pixelly.
You remain responsible for the User Content you submit to Pixelly.
7.4 Moderation and Removal of Content
We may review, restrict, disable or remove User Content where we reasonably believe that it:
• breaches these Website Terms or other applicable Pixelly terms or policies;
• is unlawful or may infringe another person's rights;
• is fraudulent, misleading, harmful or presents a security or safety risk;
• has been submitted through misuse of Pixelly; or
• must be restricted or removed to comply with a legal or regulatory obligation.
Where appropriate, we may also restrict or suspend access to Pixelly in accordance with these Website Terms and the applicable Customer Terms or Studio Terms.
We may preserve or disclose information where required or permitted by law, including where reasonably necessary to establish, exercise or defend legal claims, enforce applicable Pixelly terms, protect the rights or safety of Pixelly or others, respond to disputes, or assist a competent authority. Personal information will be handled in accordance with our Privacy Policy.
8. Website Availability and Pixelly Liability
8.1 Availability and Security
We take reasonable steps to keep Pixelly available, secure and functioning properly. However, because Pixelly relies on software, internet connectivity and third-party technology, we cannot guarantee that it will always be available, uninterrupted, error-free or free from viruses or other harmful material.
We may suspend, restrict, change or discontinue all or part of Pixelly where reasonably necessary, including for maintenance, security, technical, legal or operational reasons.
We will not be responsible for any delay or failure to perform our obligations where this is caused by circumstances outside our reasonable control. This does not affect any rights or remedies that cannot lawfully be excluded or limited.
8.2 Information on Pixelly
We take reasonable care over information that Pixelly itself provides, but we do not guarantee that all information available through Pixelly will always be complete, accurate or up to date.
Information and views provided by Studios, Customers or other Users are their responsibility and do not necessarily reflect the views of Pixelly. The appearance of that information on Pixelly does not mean that we have independently verified or endorsed it unless we expressly state otherwise.
You should use your own judgement when relying on information available through Pixelly, particularly where it has been provided by another User. Any general information or guidance published by Pixelly is for general informational purposes only and is not legal, tax, accountancy or insurance advice.
8.3 Our Liability
Nothing in these Website Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. Nothing in these Website Terms affects any mandatory rights or remedies available to consumers.
Where you use Pixelly as a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of these Website Terms or our failure to use reasonable care and skill. We are not responsible for losses that were not reasonably foreseeable or for business losses arising from consumer use of Pixelly.
Pixelly operates the marketplace but does not provide the Creative Services advertised or supplied by Studios. We are therefore not responsible for a Studio's performance of, or failure to perform, its contract with a Customer. This does not exclude responsibility for any loss separately caused by Pixelly's own breach of its obligations or negligence.
If you use Pixelly wholly or mainly for business purposes, then, to the extent permitted by law, we will not be liable for any indirect or consequential loss, or for loss of profit, revenue, business, opportunity or goodwill arising from your use of Pixelly.
9. Changes to These Website Terms
We may update these Website Terms from time to time to reflect changes to Pixelly, our services, applicable law or the way we operate the marketplace. The latest version and its effective date will be published on Pixelly. Where a change materially affects registered Users' rights, we will take reasonable steps to bring it to their attention before it takes effect where reasonably practicable, including by email or an in-Platform notice where appropriate. We may ask Users to accept revised terms again where required by law or where the nature of the change makes renewed acceptance appropriate.
Revised Website Terms will apply to your use of Pixelly from their effective date. They will not retrospectively alter rights or obligations that arose before that date, and Pixelly will not use an update to retrospectively change the material commercial terms of an existing Booking or paid subscription. If you do not agree to the revised Website Terms, you must stop using Pixelly, subject to any continuing rights and obligations under the Customer Terms or Studio Terms.
10. Governing Law, Jurisdiction and Severability
These Website Terms are governed by the laws of England and Wales.
If you are a consumer, this does not affect any mandatory rights or protections you have under the law that applies to you. If you are resident in Scotland or Northern Ireland, you may bring proceedings in the courts available to you there; if you are resident in England or Wales, you may bring proceedings in the courts of England and Wales.
If you are not a consumer, the courts of England and Wales will have exclusive jurisdiction over any dispute relating to these Website Terms.
If any part of these Website Terms is found by a court or other competent authority to be unlawful or unenforceable, that part will not apply to the extent necessary, but the remaining provisions will continue in full force and effect.
11. Contact and Company Details
Company name: Pixelly Ltd
Company number: 17224613
Registered in: England and Wales
General contact email: hello@pixelly.uk
Website: www.pixelly.uk