Pixpa – Terms of Use

Last Updated: March 18, 2010

By using the Pixpa.com web site (”Service”) and all services of Pixpa (“Pixpa”), you are agreeing to be bound by the following terms and conditions (”User Agreement”).

Pixpa reserves the right to update and change the User Agreement from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the User Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

Account Terms

1. You must be 13 years or older to use this Service.
2. You must provide your legal full name, a valid email address, and any other required information to complete the signup process.
3. Your login may only be used by one person – a single login shared by multiple people is not permitted.
4. You are responsible for maintaining the security of your account and password. Pixpa cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
7. If your bandwidth usage exceeds 10 GB/month, we reserve the right to temporarily disable file downloads on your account until you can reduce your bandwidth consumption.
8. Unlimited images, galleries and portfolio pages mean you can make as many galleries and web pages as you reasonably need in your practice, in other words this is called a Fair Use Policy. If you make large amounts of presentations and/or web pages without any practical purpose or any purpose other than presenting your work, Pixpa has the right to close your account immediately.
9. Pixpa has a storage limit of 2GB per user or account.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid PayPal account or credit card is required for paying accounts. This is not required to create or use a free account (for 15 day trial period).
2. The Service is billed in advance on a monthly / yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. For any upgrade or downgrade in plan level, your PayPal account or credit card that you provided will automatically be charged the new rate on your next billing cycle.
4. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Pixpa does not accept any liability for such loss.
5. If your subscription charge is denied, we will attempt to re-charge your Paypal account or Credit Card two times before suspending or terminating your account.
6. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. You can cancel your account at Paypal (see point 4.), or by sending us an email.
2. Your account and all of its Content will be deleted immediately upon your cancellation of the Service. This information cannot be recovered once your account is cancelled.
3. You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
4. If you would like to cancel your subscription, log in to your PayPal account and go to the “History” sub-tab of the “My Account” tab. Choose “Subscriptions” from the pull-down “Show” menu and press the “Submit” button. Choose the subscription, and click on its “Status.” You will be taken to a Transaction Details page from which you may cancel your subscription. Canceling your subscription will immediately stop all future scheduled payments for this subscription.
5. Pixpa reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account. Pixpa may refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Pixpa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Pixpa Site (www.pixpa.com) or the Service itself.
3. Pixpa shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

User Content

1. You retain all copyright to all original User Content you add to the Service. You may remove it from the Service at any time.
2. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this User Agreement.

Prohibited Conduct

The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Service. You agree not to:

1. upload, post or otherwise transmit any User Content that:a. is unlawful, harmful, threatening, abusive, harassing, defamatory, hateful, or racially, ethnically, or otherwise objectionable;b. you do not have a right to transmit under any law or contractual or fiduciary agreements;c. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

   d. potentially infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity

2. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
3. misrepresent yourself or take on the identity of someone else while using this service;
4. modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Pixpa, or any other Pixpa service;
5. upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages;
6. act in any manner that negatively affects other users’ ability to use the site

Your Liability

You are solely responsible for your activities on the Site, and while using the Service, including all User Content that you submit or a third party submits on your behalf or using your account. You agree to indemnify Pixpa and it’s officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including by not limits to, reasonable attorneys’ fees) included by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this User Agreement, and© any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.
Violation of any of these agreements will result in the termination of your Account. While Pixpa prohibits such conduct and Content on the Service, you understand and agree that Pixpa cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

NO WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE ISPROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIESOF ANY KIND, EXPRESSED OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OFTHE SITE IS AT YOUR SOLE RISK.
PIXPA DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOURSPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROMTHE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITYOF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALPURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUREXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

LIMITED LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDINGBUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, ORGOODWILL) WHETHER IN AN ACTION IN CONTRACT, TORY (INCLUDING BY NOTLIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICE OR THE MATERIALS THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERNATION OF DATA

Questions about this User Agreement?

Please contact us at the following email address: support@Pixpa.com.