Pixorial Terms Of ServiceEffective April 16, 2012
1. IntroductionThe terms, conditions, policies, and notices set forth in this document constitute the legal agreement (the “Agreement”) that governs your use of all services provided by Pixorial, Inc. (“Pixorial”, “we”, or “us”), including, without limitation, the Pixorial website located atwww.pixorial.com (the “Site”) and all Pixorial services accessed through third party web sites (together referred to as the “Services”). Your access to and use of the Services is expressly conditioned upon your acceptance of this Agreement in its entirety, without modification. Please read this Agreement carefully.
2. ChangesPixorial reserves the right to change the terms of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date those terms will be effective. By continuing to use the Services after any changes, you are indicating your acceptance of such changes. If you do not agree to abide by this Agreement, as in effect at any time, do not use or access (or continue to use or access) the Site or the Services. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes.
3. Incorporation of GuidelinesWhen using particular Services or materials on the Site, you shall be subject to any posted guidelines or rules applicable to such Services or materials. All such guidelines and rules are hereby incorporated by reference into this Agreement.
4. Commercial UseYou agree not to resell or repackage the Services or any portion of the Services without prior authorization from Pixorial.
5. Description of ServicesThe Services include, without limitation, video conversion, archiving, organization, editing, collaboration, production and sharing. Fees for our Services are described on the Site and may change from time to time. You are solely responsible for providing, at your own expense, all equipment necessary to use the Services, including, without limitation, a computer and Internet access. You are also solely responsible for any third party fees associated with your use of the Services, including, without limitation, Internet, mobile phone, and text messaging fees. Pixorial reserves the sole right to modify the Services at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the modification, addition or discontinuation of a Service, or changes to limitations on allowable file sizes. Any new Services and any new features that augment or enhance the then-current Services shall also be subject to this Agreement. You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
7. Payment of FeesIf you subscribe to a Service that requires payment of a fee, you agree to pay all fees associated with such Service. For all charges for Services, we will bill your credit card. Recurring charges are billed in advance of Service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 30 days of the change. If, for any reason, your credit card company refuses to pay the amount billed for a Service, you agree that we may, at our option, suspend or terminate your subscription to the Service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your subscription to the Service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Service. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
8. Use of Services and Conduct on the SiteYour use of the Services is subject to all applicable laws and regulations, and you are solely responsible for the content of your media and your communications with and through the Services. International users agree to comply with all local laws regarding online conduct and acceptable content. You agree that you will not mail, upload, share, post, or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data, or other information—that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
9. Third Party ServicesThe Services may link you to other sites on the Internet or otherwise include references to or be used in connection with information, documents, software, materials and/or services provided by other parties (collectively, “Third Party Services”). The Third Party Services may contain information or material that some people may find inappropriate or offensive. The Third Party Services are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third Party Services, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of Third Party Services is provided merely as a convenience and does not imply endorsement of, or association with, the Third Party Services by us, or any warranty of any kind, either express or implied. If you decide to use Third Party Services you do so at your own risk. You agree to review and comply with the terms and conditions of use and privacy policies of any Third Party Services that you use.
10. Pixorial Intellectual Property InformationAll content on the Site and related to the Services, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Pixorial Content”), are the proprietary property of Pixorial, its users or its licensors with all rights reserved. No Pixorial Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, unless otherwise permitted by this Agreement in connection with your use of the Services. The foregoing does not apply to your own User Content (as defined below) that you legally post on the Site or otherwise submit for use in connection with the Services. Provided that you are eligible for use of the Site and the Services, you are granted a limited license to access and use the Site, the Services and the Pixorial Content to which you have properly gained access solely for your use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, or content to which you’ve been granted access, you may not upload or republish Pixorial Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Pixorial Content is strictly prohibited. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site, the Services or the Pixorial Content other than as specifically authorized herein, without the prior written permission of Pixorial, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. The following are registered trademarks, trademarks or service marks of Pixorial: Pixorial® and Enjoy Your Show®.
11. User ContentYou represent and warrant that all materials you submit to Pixorial in connection with the Services, including without limitation, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content (collectively, “User Content”), complies with Section 8 of this Agreement and is not in violation of any copyright laws or other laws, and you agree to indemnify and hold Pixorial harmless in the event that they are. You own your User Content and you can control how it is shared through your privacy and application settings. Subject to your privacy and application settings, you hereby grant to Pixorial and its affiliates a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, publish, copy, modify, adapt, create derivative works from, publicly perform and display, transmit and distribute your User Content (in whole or in part) and/or to incorporate such User Content in other works in any form, media, or technology now known or later developed. Our license to use your User Content will end when you delete such User Content or your account is terminated, unless your User Content has been shared with others and they have not deleted it. You also grant each user of the Services the right to access, copy, modify, adapt, create derivative works from, publicly perform and display, transmit, distribute, view and store your User Content in connection with the Services. You represent and warrant to Pixorial that you have the right to grant the licenses stated above.
12. Promotional EmailsPixorial may, from time to time, send you email messages containing advertisements, promotions, product news, etc. You may unsubscribe at any time from our promotional emails by clicking the Unsubscribe link found at the bottom of each promotional message.
13. Idea SubmissionsPlease do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. In the event that you ignore our policy and submit an idea for a product or service, you agree that it will automatically become the property of Pixorial and/or that Pixorial will have the right to use it without any compensation to you.
14. Intellectual Property InfringementWe respect the intellectual property of others, and we ask you to do the same. If you or any user of the Services believes its copyright, trademark or other property rights have been infringed by a posting on the Site or in connection with the Services, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the proprietary work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the owner of the exclusive right, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.