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PIXLR
TERMS OF USE
  1. Acceptance of these Terms
  2. By using or visiting the PIXLR website located at PIXLR.com (“PIXLR”) or any PIXLR products and services provided to You from or through the PIXLR website or our online tools services PIXLR and PIXLR PRO (collectively the “Service”) You signify Your agreement (whether on behalf of Yourself or the entity that You represent) to the terms and conditions (“Terms of Service”) herein and PIXLR’s Privacy Policy, found https://pixlr.com/privacy-policy, incorporated herein by reference.

    If You do not agree to any of the terms in this Terms of Service, please do not access and/or use the Service.

    You may not access or use the Service if You are not at least the legal age of your country’s residence.

    PIXLR may, in its sole discretion, modify or revise these Terms of Service at any time, and You agree to such modifications or revisions by Your continual usage of the Service. Nothing in these Terms of Service shall be deemed to confer any third party rights or benefits.

  3. Service
  4. These Terms of Service set forth the legally binding terms and conditions that apply to all users of the Service, including users who contribute content on the Service.

  5. Accounts
  6. In order to use certain features of the Service, You will need to register for an account (“Account”) and provide accurate and complete information. You represent that (a) all information submitted by You is truthful and accurate; and (b) You will maintain the accuracy of such information. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure. You must immediately notify PIXLR of any unauthorized use of Your Account or any breach of security. PIXLR will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for the losses of PIXLR due to such unauthorized use.

    You may delete Your Account at any time, for any reason, by following the instructions on the Service. PIXLR may terminate Your Account in the event You have breached these Terms of Service.

  7. Access to the Service
  8. PIXLR hereby grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Service, provided that:

    1. You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Service, or any content displayed on the Service without PIXLR’s prior written authorization.
    2. You shall not modify or alter any part of the Service.
    3. You shall not access the Service through any technology or means other than the technology provided on the Service, or other authorized means PIXLR may designate.
    4. You shall not sell access to the Service, or sell advertising, sponsorships or promotions within the Service of the content on the Service without PIXLR’s prior written approval.

    PIXLR reserves the right at any time, to modify, suspend or discontinue the Service with or without notice to You. You agree that PIXLR will not be liable to You or to any third party for any modification, suspension or discontinuation of the Service. You further agree that PIXLR will have no obligation to provide You with any support or maintenance in connection with the Service.

    Unless otherwise indicated, any future release, update or other added functionality of the Service shall be subject to these Terms of Service.

    You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Service in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their content on the Service.

  9. PIXLR Pro subscription
  10. Certain PIXLR services are provided to you free-of-charge. Other PIXLR services require payment before you can access them. The PIXLR services that may be accessed after payment are currently referred to as PIXLR Pro is subject to a payment of fee(s) as may be determined by PIXLR from time to time (“Fee”) which shall be made via credit card or such other payment method as accepted by PIXLR (“Payment Method”). All Fees are quoted in United States Dollar unless otherwise specified by PIXLR. The Fee is exclusive of all taxes, which shall be borne by You.

    The subscription to PIXLR Pro is based on an auto-renewal basis whereby it will automatically be renewed upon the end of the applicable subscription period (i.e. monthly basis or quarterly basis) corresponding to the term of your subscription.

    In the event your subscription begins on a day not contained in a given month, we shall bill you via the Payment Method on the last day of such month. For example, if you had subscribed to use PIXLR Pro and became a paying subscriber on 28 February, you shall be billed via the Payment Method on 31 March (if you had opted for a monthly subscription) or on 31 May (if you had opted for a quarterly subscription). You acknowledge that the timing of when you are billed and the amount billed via the Payment Method may vary, including for example due to free trials and other promotional offers, credits applied, changes in your subscription, and changes in applicable taxes, and you authorize us to charge you for the corresponding amounts.

    If we offer you a promotion (e.g. a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, we will begin billing you for your subscription at the regular price after the promotion ends unless you cancel prior to the end of the promotion or unless otherwise disclosed in communications made available to you.

    We reserve the right to change, amend, modify or vary the price, package and/or features of PIXLR Pro’s subscription plan(s). If we change the price and package of such subscription plan(s), we will give you notice in advance of these changes.

    We will use all reasonable effort to ensure that the pricing and information for our Services stated therein are accurate, however, there are possibilities due to genuine error that the information of Our Services may be inaccurate or any of our Services may be priced wrongly. If such situations may arise, we reserve the right to take any appropriate action we deem necessary to rectify the same.

  11. CANCELLATION OF PIXLR PRO
  12. You may discontinue to use and request the cancellation of Your subscription to PIXLR Pro at any time. We shall not be liable for reimbursing You for the cancellation of Your PIXLR Pro subscription.

    You may cancel your subscription by going to “My Account” and following the instructions for cancellation. By cancelling your membership, your account will automatically close at the end of your current billing period.

    Upon cancellation or discontinuance, You may continue to use any work previously produced, created or reproduced by you via the Tools as of the date of cancellation or discontinuance, provided always that such use must be in compliance with the terms of this Agreement, the License and Services Agreement and other relevant licensing agreements as may be imposed by Us from time to time.

  13. Ownership
  14. You acknowledge that all trademarks, service marks, copyrights and logos (“Marks”) on the Service are owned by PIXLR or licensed to PIXLR. Neither these Terms of Service nor Your access to the Service transfers to You or any third party any rights, title or interest in or to such Marks, except as otherwise provided in these Terms of Service.

  15. Your Content
  16. “Your Content” means any and all information and content that You submit, or use with the Service (including content found on Your profile or posts).

    As an Account holder, You may submit Your Content on the Service. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.

    You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant PIXLR an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

    You further agree that PIXLR is not responsible for the accuracy, currency, suitability, or quality of any User Content, whether provided by You or by other users. Any interaction between users are solely within the users and PIXLR will not be responsible for any loss or damage incurred as the result of such interactions.

  17. Third Party Links and Advertisements
  18. The Service may contain links to third party websites and/or advertisements for third parties. These websites and advertisements are not owned or controlled by PIXLR and assumes no responsibility for the content, privacy policies, or practices of these websites and advertisements. In addition, PIXLR will not and cannot censor or edit the content of any third-party website. By using the Service, You acknowledge and agree that PIXLR shall not be responsible for Your use of any third-party website. Your use of all third party websites and advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third party websites and advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such websites and advertisements.

  19. Intellectual Property Rights
  20. You further agree that You are obtaining only a limited license to use and access the Service expressly set forth in these Terms of Service and that no ownership rights are being conveyed to You. PIXLR retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service, all related and underlying technology and documentation, and any derivative works or modifications. Further, You agree that the Service is offered as an on-line, hosted solution, and that You have no right to obtain a copy of any code underlying the Service. You may submit comments, questions, suggestions or other feedback relating to PIXLR (“Feedback”) and You agree that PIXLR may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions You provide to PIXLR regarding the Service, without any obligation, royalty or restriction based on intellectual property rights or otherwise.

  21. Copyright Infringement
  22. If you are a copyright owner or an agent thereof and believe that any Content on our Service infringes upon your copyright and wish to have the alleged infringing material removed, you may submit a notification to us with the following information in writing at info@pixlr.com:

    1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
    2. Identification of the copyrighted work claimed to have been infringed;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
    4. Information to enable us to contact you, such as an address, telephone number or email address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
    6. A statement that the information submitted in the notification is accurate, and under penalty of perjury, that you are the copyright owner or a person authorized to act on behalf of the copyright owner.
  23. Aggregated Anonymous Data
  24. Notwithstanding anything to the contrary herein, You agree that PIXLR may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Service, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Service, and/or the development of other products or service capabilities. You further agree that PIXLR may disclose to third parties aggregate data derived from customer data or from any other data related to the Service (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws. Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by PIXLR from or with use of such data will be, in each case, the sole and exclusive property of PIXLR; and You hereby assign all of Your title and interest, if any, in and to such items to PIXLR without any fees and without rights to future royalties.

  25. Account Termination Policy
  26. Subject to this Section, these Terms of Service will remain in full force and effect while using the Service. PIXLR will terminate Your access to the Service if, under appropriate circumstances, You are determined to be a repeat infringer.

    PIXLR reserves the right to decide whether Your Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. PIXLR may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate Your account for submitting such material in violation of these Terms of Service.

  27. Warranty Disclaimer
  28. ALL PIXLR WEBSITE, CONTENTS, TOOLS AND/OR SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PIXLR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. PIXLR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. PIXLR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PIXLR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE SITE AND/OR SERVICE, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.

  29. Limitation of Liability
  30. IN NO EVENT SHALL PIXLR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU SPECIFICALLY ACKNOWLEDGE THAT PIXLR SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  31. Indemnity
  32. To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless PIXLR, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) Your use of and access to the Service; (ii) Your violation of any of these Terms of Service; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Your violation of applicable laws or regulations; or (v) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms of Service and/or Your use of the Service. PIXLR reserves the right to assume the defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims.

  33. Assignment
  34. The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by PIXLR without restriction.

  35. Governing Law and Dispute Resolution
  36. These Terms of Service shall be governed by, and shall be construed in accordance with, the laws of Hong Kong, without regard to the conflict of laws principles. Any dispute, controversy or claim arising out of or relating to these Terms of Service, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre (“HKIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

    The seat of arbitration shall be Hong Kong. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

  37. Entire Terms
  38. These Terms of Service constitutes the entire agreement between You and PIXLR regarding its subject matter. Should any provision of these Terms of Service be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms of Service will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision.

  39. Severability
  40. Unless as otherwise stated in these Terms of Service, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service, and the application of that provision shall be enforced to the extent permitted by law.

  41. Language
  42. These Terms of Service are written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms, the English version shall prevail.

  43. Electronic Communications
  44. You agree that the communications between You and PIXLR uses electronic means. For contractual purposes, You (a) consent to receive communications from PIXLR in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PIXLR provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.