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Terms of Use

Last Updated Date: March 2, 2021

Personal information we collect

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF [PIXELLOT LTD.] (“PIXELLOT”), ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY PIXELLOT. THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”), BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING PIXELLOT’S MOBILE APPLICATION (THE “APPLICATION”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PIXELLOT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

PLEASE BE AWARE THAT SECTION 1.4 (PIXELLOT COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.” The Services consist of the following, without limitation:.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY PIXELLOT IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Pixellot will make a new copy of the Terms of Use Agreement available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. If we make any material changes, and you have registered with us to create an Account (as defined in Section 3.1 (Registering Your Account) below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Website and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Registered Users, provided that any material changes shall be effective for Registered Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 (Registering Your Account)

 

  1. Use of the services and pixellot properties

    The Application, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (each, a “Pixellot Property” and collectively, the “Pixellot Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, Pixellot grants you a limited license to reproduce portions of Pixellot Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Pixellot in a separate license, your right to use any and all Pixellot Properties is subject to the Agreement.

    1. Application License

      Subject to your compliance with the Agreement, Pixellot grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

    2. Updates

      You understand that Pixellot Properties are evolving. You acknowledge and agree that Pixellot may update Pixellot Properties with or without notifying you. You may need to update third-party software from time to time in order to use Pixellot Properties.

    3. Certain Restrictions

      The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Pixellot Properties or any portion of Pixellot Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Pixellot Properties (including images, text, page layout or form) of Pixellot; (c) you shall not use any metatags or other “hidden text” using Pixellot’s name or trademarks; (d) except as expressly permitted herein, you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Pixellot Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of Pixellot Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Pixellot Properties. Any future release, update or other addition to Pixellot Properties shall be subject to the Agreement. Pixellot, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Pixellot Property terminates the licenses granted by Pixellot pursuant to the Agreement.

    4. Pixellot Communications

      By entering into this Agreement or using the Pixellot Properties, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Pixellot Properties, updates concerning new and existing features on the Pixellot Properties, communications concerning promotions run by us or our third-party partners, and news concerning the Pixellot and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO [NA] FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PIXELLOT PROPERTIES OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO [NA] FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE PIXELLOT PROPERTIES OR RELATED SERVICES.

  2. Photo/Video Release

    1. Likeness

      If you are featured in any Content, whether Made Available by Pixellot, another Registered User or yourself, you hereby agree that Pixellot is authorized to use your name, biographical details, image, likeness, actions, voice and/or statements (collectively, “Likeness”) in connection with such Content, without further authorization or any compensation, worldwide, in any media, whether now known or hereafter devised, for any business purpose (including, without limitation, commercial and promotional purposes).

    2. Minors’ Likeness

      Additionally, if you are a parent or legal guardian of a child under the age of eighteen (18) who is featured in any Content (the “Minor”), whether Made Available by Pixellot, another Registered User or yourself, you hereby agree that Pixellot is authorized to use of Minor’s name, biographical details, image, likeness, actions, voice and/or statements (collectively, “Likeness”) in connection with such Content, without further authorization or any compensation, worldwide, in any media, whether now known or hereafter devised, for any business purpose (including, without limitation, commercial and promotional purposes).

    3. Release

      YOU HEREBY RELEASE, HOLD HARMLESS, AND FOREVER DISCHARGE PIXELLOT FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, RIGHTS, DAMAGES, COSTS, AND EXPENSES ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE EXERCISE BY PIXELLOT OF THE RIGHTS GRANTED HEREIN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR INVASION OF PRIVACY, INFRINGEMENT OF MY PRIVACY, PUBLICITY, AND/OR INTELLECTUAL PROPERTY RIGHTS, DEFAMATION, OR PORTRAYAL IN A FALSE LIGHT.

  3. Registration

    1. Registering Your Account

      In order to access certain features of Pixellot Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”) or has an account with the provider of the Application for the user’s mobile device.

    2. Registration Data

      In registering an account on the Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Pixellot Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Pixellot Properties by minors. You may not share your Account or password with anyone, and you agree to (y) notify Pixellot immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pixellot has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Pixellot has the right to suspend or terminate your Account and refuse any and all current or future use of Pixellot Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. Pixellot reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Pixellot Properties if you have been previously removed by Pixellot, or if you have been previously banned from any of Pixellot Properties.

    3. Your Account

      Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Pixellot. Pixellot reserves the right to terminate your Account if it has been inactive for one hundred eighty (180) days.

    4. Necessary Equipment and Software

      You must provide all equipment and software necessary to connect to Pixellot Properties. You are solely responsible for any fees, including Internet connection that you incur when accessing Pixellot Properties.

  4. Responsibility for Content

    1. Types of Content

      You acknowledge that all Content, including Pixellot Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Pixellot, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available” or “Made Available”) through Pixellot Properties (“Your Content”), and that you and other Registered Users of Pixellot Properties, and not Pixellot, are similarly responsible for all Content that you and they Make Available through Pixellot Properties (“User Content”).

    2. Other User’s Use of Content

      You acknowledge and agree that Pixellot and other Registered Users, at our or their sole discretion, may edit, share and download Your Content, including without limitation sharing through the Website and on third-party platforms and websites and download Content to Registered User’s personal devices. You acknowledge and agree that once Pixellot has granted rights to Your Content to another Registered User, Pixellot has no control over the uses and disclosures that the user makes of Your Content. In any event, but especially in cases of potential fraud, misuse or abuse of the Services, Pixellot reserves the right, in its sole judgment, to revoke, remove, cancel or deny continued access by any user, including Customer, to any Services.

    3. No Obligation to Pre-Screen Content

      You acknowledge that Pixellot has no obligation to pre-screen Content (including, but not limited to, User Content), although Pixellot reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Pixellot pre-screens, refuses or removes any Content, you acknowledge that Pixellot will do so for Pixellot’s benefit, not yours. Without limiting the foregoing, Pixellot shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.

    4. Storage

      Unless expressly agreed to by Pixellot in writing elsewhere, Pixellot has no obligation to store any of Your Content that you Make Available on Pixellot Properties. Pixellot has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Pixellot Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Pixellot retains the right to create reasonable limits on Pixellot’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Pixellot in its sole discretion.

  5. Ownership

    1. Pixellot Properties

      Except with respect to Your Content and User Content, you agree that Pixellot and its suppliers own all rights, title and interest in Pixellot Properties (including but not limited to, any computer code, videos, methods of operation, moral rights, documentation, and Pixellot software. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Pixellot Properties.

    2. Trademarks

      [Pixellot’s stylized name] and all related graphics, logos, service marks and trade names used on or in connection with any Pixellot Properties or in connection with the Services are the trademarks of Pixellot and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in Pixellot Properties are the property of their respective owners.

    3. Your Content

      Pixellot does not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on or in Pixellot Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

    4. License to Your Content

      Subject to any applicable account settings that you select, you grant Pixellot a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Pixellot Properties to you and to our other Registered Users. Please remember that other Registered Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Pixellot Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Pixellot, are responsible for all of Your Content that you Make Available on or in Pixellot Properties. You may not post or submit for print services a photograph of another person without that person’s permission.

    5. Username

      Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on Pixellot Properties, you hereby expressly permit Pixellot to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

    6. Feedback

      You agree that submission of any ideas, suggestions, documents, and/or proposals to Pixellot through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Pixellot has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Pixellot a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Pixellot Properties and/or Pixellot’s business.

  6. User Conduct

    As a condition of use, you agree not to use Pixellot Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Pixellot Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Pixellot’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Pixellot; (vi) interferes with or attempt to interfere with the proper functioning of Pixellot Properties or uses Pixellot Properties in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Pixellot Properties, including but not limited to violating or attempting to violate any security features of Pixellot Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Pixellot Properties, introducing viruses, worms, or similar harmful code into Pixellot Properties, or interfering or attempting to interfere with use of Pixellot Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Pixellot Properties.

  7. Investigations

    Pixellot may, but is not obligated to, monitor or review Pixellot Properties and Content at any time. Without limiting the foregoing, Pixellot shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Pixellot does not generally monitor user activity occurring in connection with Pixellot Properties or Content, if Pixellot becomes aware of any possible violations by you of any provision of the Agreement, Pixellot reserves the right to investigate such violations, and Pixellot may, at its sole discretion, immediately terminate your license to use Pixellot Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

  8. Interactions with Other Users

    1. User Responsibility

      You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that Pixellot reserves the right, but has no obligation, to intercede in such disputes. You agree that Pixellot will not be responsible for any liability incurred as the result of such interactions.

    2. Content Provided by Other Users

      Pixellot Properties may contain User Content provided by other Registered Users. Pixellot is not responsible for and does not control User Content. Pixellot has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk.

    3. Advertising Revenue

      Pixellot reserves the right to display Third-Party Ads before, after, or in conjunction with User Content posted on the Services, and you acknowledge and agree that Pixellot has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Pixellot as a result of such advertising).

    4. Advertising Revenue

      Pixellot reserves the right to display Third-Party Ads before, after, or in conjunction with User Content posted on the Services, and you acknowledge and agree that Pixellot has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Pixellot as a result of such advertising).

  9. Indemnification

    You agree to indemnify and hold Pixellot, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Pixellot Party” and collectively, the “Pixellot Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Pixellot Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. Pixellot reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pixellot in asserting any available defenses. This provision does not require you to indemnify any of the Pixellot Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Pixellot Properties.

  10. Disclaimer of Warranties and Conditions

    1. As Is

      YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF PIXELLOT PROPERTIES IS AT YOUR SOLE RISK, AND PIXELLOT PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. PIXELLOT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.

      1. PIXELLOT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) PIXELLOT PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF PIXELLOT PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF PIXELLOT PROPERTIES WILL BE ACCURATE OR RELIABLE.
      2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH PIXELLOT PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS PIXELLOT PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
      3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. PIXELLOT MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PIXELLOT OR THROUGH PIXELLOT PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    2. No Liability for Conduct of Third Parties

      YOU ACKNOWLEDGE AND AGREE THAT PIXELLOT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PIXELLOT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

    3. No Liability for Conduct of Other Users

      YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF PIXELLOT PROPERTIES. YOU UNDERSTAND THAT PIXELLOT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF PIXELLOT PROPERTIES. PIXELLOT MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PIXELLOT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH PIXELLOT PROPERTIES.

    4. Third-Party Materials

      As a part of Pixellot Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Pixellot to monitor such materials and that you access these materials at your own risk.

  11. Limitations of Liability

    1. Disclaimer of Certain Damages

      YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL PIXELLOT PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT PIXELLOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF PIXELLOT PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE PIXELLOT PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH PIXELLOT PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PIXELLOT PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO PIXELLOT PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A PIXELLOT PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A PIXELLOT PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A PIXELLOT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

    2. Cap on Liability

      TO THE FULLEST EXTENT PROVIDED BY LAW, PIXELLOT PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100; OR (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A PIXELLOT PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A PIXELLOT PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A PIXELLOT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

    3. User Content

      EXCEPT FOR PIXELLOT’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE PIXELLOT’S PRIVACY POLICY, PIXELLOT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

    4. Exclusion of Damages

      CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

    5. Basis of the Bargain

      THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PIXELLOT AND YOU.

  12. Procedure for making claims of copyright infringement

    It is Pixellot’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Pixellot by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Pixellot Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on Pixellot Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Pixellot’s Copyright Agent for notice of claims of copyright infringement is as follows: [Include name or title, and physical address of Copyright Agent].

  13. Monitoring and Enforcement

    Pixellot reserves the right to: (a) remove or refuse to post any of your Content for any or no reason in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Pixellot Properties or the public, or could create liability for the Pixellot; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Pixellot Properties; and/or (e) terminate or suspend your access to all or part of the Pixellot Properties for any or no reason, including without limitation, any violation of this Agreement.

    If Pixellot becomes aware of any possible violations by you of the Agreement, Pixellot reserves the right to investigate such violations. If, as a result of the investigation, Pixellot believes that criminal activity has occurred, Pixellot reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Pixellot is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Pixellot Properties, including Your Content, in Pixellot’s possession in connection with your use of Pixellot Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Pixellot, its Registered Users or the public, and all enforcement or other government officials, as Pixellot in its sole discretion believes to be necessary or appropriate.

  14. Term and Termination

    1. Term

      The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Pixellot Properties, unless terminated earlier in accordance with the Agreement.

    2. Prior Use

      Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Pixellot Properties or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Pixellot Properties, unless earlier terminated in accordance with the Agreement.

    3. Termination of Services by Pixellot

      If you have materially breached any provision of the Agreement or if Pixellot is required to do so by law (e.g., where the provision of the Website, the Application, or the Services is, or becomes, unlawful), Pixellot has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Pixellot’s sole discretion and that Pixellot shall not be liable to you or any third party for any termination of your Account.

    4. Termination of Services by You

      If you want to terminate the Services provided by Pixellot, you may do so by (a) notifying Pixellot at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Pixellot’s address set forth below. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Pixellot will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

    5. No Subsequent Registration

      If your registration(s) with, or ability to access, Pixellot Properties or any other Pixellot community, is discontinued by Pixellot due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Pixellot Properties or any Pixellot community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Pixellot Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Pixellot reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

  15. International Users

    Pixellot Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Pixellot intends to announce such Services or Content in your country. Pixellot Properties are controlled and offered by Pixellot from its facilities in the United States of America. Pixellot makes no representations that Pixellot Properties are appropriate or available for use in other locations. Those who access or use Pixellot Properties from other countries do so at their own volition and are responsible for compliance with local law.

  16. Third-party websites, applications and ads

    Pixellot Properties may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”) and opportunities to share Content on certain Third-Party Websites. When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Pixellot Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Pixellot. Pixellot is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Pixellot provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads and share Content on Third-Party Websites at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

    1. App Stores

      You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Pixellot and not with the App Store. Pixellot, not the App Store, is solely responsible for Pixellot Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Pixellot Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Pixellot Property, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

    2. Accessing and Downloading the Application from iTunes

      The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

      1. You acknowledge and agree that (i) the Agreement is concluded between you and Pixellot only, and not Apple, and (ii) Pixellot, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
      2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
      3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Pixellot and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pixellot.
      4. You and Pixellot acknowledge that, as between Pixellot and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      5. You and Pixellot acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Pixellot and Apple, Pixellot, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
      6. You and Pixellot acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
      7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

  17. General Provisions

    1. Electronic Communications

      The communications between you and Pixellot may take place via electronic means, whether you visit Pixellot Properties or send Pixellot e-mails, or whether Pixellot posts notices on Pixellot Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Pixellot in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pixellot provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

    2. Release

      You hereby release Pixellot Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Pixellot Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Pixellot Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Pixellot Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.

    3. Assignment

      The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Pixellot’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

    4. Force Majeure

      Pixellot shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    5. Questions, Complaints, Claims

      If you have any questions, complaints or claims with respect to Pixellot Properties, please contact us at: info@pixellot.tv. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

    6. Exclusive Venue

      To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Pixellot agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the State of New York.

    7. Governing Law

      THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

    8. Choice of Language

      It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

    9. Notice

      Where Pixellot requires that you provide an e-mail address, you are responsible for providing Pixellot with your most current e-mail address. In the event that the last e-mail address you provided to Pixellot is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Pixellot’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Pixellot at the following address: info@pixellot.tv. Such notice shall be deemed given when received by Pixellot by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

    10. Waiver

      Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    11. Sever Ability

      If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

    12. Export Control

      You may not use, export, import, or transfer Pixellot Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Pixellot Properties, and any other applicable laws. In particular, but without limitation, Pixellot Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Pixellot Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Pixellot Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Pixellot are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Pixellot products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

    13. Consumer Complaints

      In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

    14. Entire Agreement

      The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.