These Terms of Service ("Terms") govern your use of our website and services (collectively, "Services"). By accessing our website or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
1. Acceptance of Terms
By using our Services, you agree to comply with and be legally bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our Services ("Users").
2. Changes to Terms
We reserve the right to modify or update these Terms at any time. We will notify you of any changes by posting the new Terms on this page. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
3. Eligibility
By using our Services, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
4. Account Registration
To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
5. Use of Services
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or other Users of the Services.
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Otherwise attempt to interfere with the proper working of the Services.
6. Content
Our Services allow you to upload, submit, store, send, or receive content ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through our Services, you give PixiTools (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.
7. Intellectual Property
All content and materials included in the Services, including but not limited to text, graphics, logos, images, and software, are the property of PixiTools or its content suppliers and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works based on our content and materials without our express written permission.
8. Privacy
Your use of the Services is also governed by ourPrivacy Policy. Please review our Privacy Policy, which describes how we collect, use, and disclose information about you.
9. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
10. Disclaimers
The Services are provided on an "as is" and "as available" basis. PixiTools makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk.
To the full extent permissible by applicable law, PixiTools disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PixiTools does not warrant that the Services, information, content, materials, or products included on or otherwise made available to you through the Services, PixiTools's servers, or electronic communications sent from PixiTools are free of viruses or other harmful components.
11. Limitation of Liability
To the maximum extent permitted by law, PixiTools shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (f) the defamatory, offensive, or illegal conduct of any third party. In no event shall PixiTools’s aggregate liability for all claims relating to the Services exceed the amount paid by you to PixiTools for the past 12 months of the Services in question.
12. Indemnification
You agree to defend, indemnify, and hold harmless PixiTools, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which PixiTools operates, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in that jurisdiction for the purpose of litigating all such claims or disputes.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Such provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
15. Entire Agreement
These Terms constitute the entire agreement between you and PixiTools regarding the use of the Services and supersede any prior agreements between you and PixiTools relating to your use of the Services.
16. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PixiTools’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17. Contact Us
If you have any questions about these Terms, please contact us at:[email protected].