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Terms of Use. Please read carefully. Last updated 22nd February 2017.

Summary

Pixpa (pixpa.com) offers a website builder and hosting service that enables you (called as “User”) to create and manage your website (called a "Website") which you can use to showcase and share your work and/or business information and sell your products or services (called "Products"). Pixpa offers this service for a monthly or yearly subscription fees.

You are responsible for the content you publish on your website and the products you sell/offer through your website. Please make sure that none of the prohibited items listed below (such as spam, viruses, copyright infringements or hate content) are part of your website or get linked from your website.

If you find a Pixpa Website that violates our terms of service, please report it to us at our email - info@pixpa.com.

AGREEMENT

The Agreement governs your use of the Website and all Pixpa software, tools, functions, products, and services (collectively, the "Application").

The Application is owned and operated by Pixpa Digital Private Ltd. (“Pixpa”). The Application is offered subject to your acceptance without any modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy and procedures that may be published from time to time on this site by Pixpa (collectively, the “Agreement”).

Pixpa may, in its sole discretion, modify or revise the Agreement at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by the Agreement, you may not use the Application. You also must be 18 years of age or older to use the Application.

In consideration of the license granted herein below and your use of the Website and the Application, you represent you are of legal age to form a binding contract and you agree to comply with the Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Application or use any services.

Pixpa reserves the right at any time to:
  • Change the Agreement. Your continued use of the Website or Application following any such change will signify your acceptance of such change;
  • Change the Application, including eliminating or discontinuing any Content or feature of the Application;
  • Impose or change the fees, charges, or other conditions for use of the Application (with reasonable notice); and/or
  • Modify the Website with or without notice to you and without liability to you or any third party.
  • Suspend / deactivate / cancel your account if your use of the Application or your Website is in contravention of this agreement.
LICENSE

Pixpa grants you a personal, non-exclusive, non-transferable, limited, and revocable license to use the Content and Website subject to the Agreement. You may access or use the Website on any devices as authorized by Pixpa or its Content delivery providers. Pixpa does not claim ownership of any content you make available via your Website. However, with respect to the content you make available via the Website, you grant Pixpa a worldwide, royalty-free, and non-exclusive license to publicly display such content on the World Wide Web (i.e. through your publishing of your site). Pixpa will not otherwise use your content without your permission.

This license exists only for as long as you elect to continue to use the Application and shall terminate at the time your Plan is terminated.

Your Account and Website Security:

You are responsible for maintaining the security of your account and Website.
You are fully responsible for all activities that occur under the account and any other actions taken in connection with your Website.
You must immediately notify Pixpa of any breach of security or unauthorized use of your Website or your account.
Pixpa will not be liable for any loss or damages incurred as a result of breach of security of your website or account.

ACCOUNT TERMS
  • You must provide your legal full name, a valid email address, and any other required information to complete the signup process.
  • Your account login may only be used by one person - a single login shared by multiple people is not permitted.
  • One person or legal entity may not maintain more than one free trial account.
  • You may not use the Application for any illegal or unauthorized purpose. You must not, in the use of the Application, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You retain all copyright to all original Content you add to the Application.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or this Agreement.
  • Your Website Content or Products should not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
FAIR USE POLICY

Pixpa reserves the right suspend / deactivate / cancel your account if your use of Pixpa Application or your Website is in contravention of our Fair Use Policy.

  • Pixpa enables you to publish unlimited images or content on your Website. This however, does NOT mean that you can publish 'an ever expanding unlimited amount' of images or content on your Website. Our Fair Use Policy means that you can publish as much images or content as you reasonably need in your practice. If you publish large amounts of images or content for any purpose other than presenting your work in a practical, reasonable way OR your purpose is in contravention to this agreement, Pixpa has the right to close your account immediately.
  • If your bandwidth usage or usage of emails generated through the application for/from your account exceeds reasonable limits, we reserve the right to temporarily suspend / disable your account.
  • Use of your Pixpa websites or application for mass distribution of content is prohibited. Pixpa websites are not meant to be used for storing content and distributing it to high volumes of users through sharing of content on public portals or mass emailing.
  • Your Website or any of its content cannot be accessed for remote loading (using iframes or hotlinks) by other web pages.
  • Your Website should not be used to generate or receive any web traffic through unwanted electronic messages such as spam links on newsgroups, mass email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • Your Website should not include any Content or Products that is spam, or contains unethical or unwanted or commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
PROHIBITED CONDUCT

The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Application.

You agree not to add, upload, post or otherwise transmit any Content to/from your Website that:

  • is unlawful, harmful, threatening, abusive, harassing, defamatory, hateful, or racially, ethnically, or otherwise objectionable.
  • 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.
  • potentially infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
  • misrepresent yourself or take on the identity of someone else while using this service.
  • modify, adapt or hack the Application or modify your website so as to falsely imply that it is associated with Pixpa.
  • upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  • act in any manner that negatively affects other Pixpa users' ability to use the Application.
Pixpa reserves the right to:
  • remove any Content or Products from your Website that, in Pixpa’s opinion, violate any Pixpa policy or this agreement or is in any way harmful or objectionable, or
  • Suspend / cancel account or deny access to and use of the Application to any individual or entity for any reason.

Pixpa will have no obligation to provide a refund of any amounts previously paid.

SELLING ON YOUR PIXPA WEBSITE:

Pixpa’s Application enables you to sell your products or services (collectively called “Products”). Pixpa is only providing a platform for you to sell your products and take payments for the same from interested buyers. Pixpa is not responsible in any manner for your Products, or any aspect of their sale or purchase. Pixpa will not be liable for any damages arising from the sale of any Products by you through your Website, to any third-party.

You take full responsibility for all taxes, fees, refunds, chargebacks, processing, delivery of any nature associated with selling of your Products through your Pixpa website. Products sold using our services must comply with all applicable laws.

You may not use your Pixpa website for selling any products or services that:

  • violate any law, statute, ordinance or regulation.
  • relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
  • relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.
  • involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
FOR BUYERS:

Purchases of Products or Services on Pixpa Users’ Websites is a transaction between the buyer and the Pixpa User and is effected through third party payment service providers. These transactions are governed solely by terms of service and privacy policies of the Pixpa User who has created the Website. Pixpa is not responsible for their actions.

PAYMENT TERMS
  • By using any of Pixpa’s services, you agree to pay Pixpa the monthly or annual subscription fees associated with the pricing plans indicated on the Application for those services, and any taxes applicable to those fees.
  • Payments are charged in advance for your subscription period (monthly or yearly) and are non-refundable
  • There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused in case of termination of an yearly subscription. In order to treat everyone equally, no exceptions will be made.
  • All upgrades are made on a pro-rated basis. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Pixpa does not accept any liability for such loss.
  • If your subscription charge is denied, we will attempt to re-charge your Credit Card two times before suspending or terminating your account.
  • Unless you notify Pixpa before the end of the applicable subscription period that you want to cancel your Website and your account with us or we give you such notice, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
  • You can cancel your Website account at any time by visiting the Billing page of the Application or emailing us at support@pixpa.com.
  • Pixpa reserves the right to change the subscription fees for its Application and services at anytime. We will give Pixpa users at least 30 days’ notice by email to the email address provided to us in their account information.
  • You take full responsibility for all taxes and fees of any nature associated with the services you purchase from us, including any sales tax related to the purchase or sale of Products. Pixpa is not liable for any taxes or other fees to be paid in accordance with or related to Products or services that you may sell on your Website. It is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.
CANCELLATION AND TERMINATION

You are solely responsible for properly cancelling your account. You can request cancellation of your account by sending us an email at support@pixpa.com. If you are paying through Paypal, you will need to cancel your PayPal subscription also (see point 4).

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.

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.

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. Cancelling your subscription will immediately stop all future scheduled payments for this subscription.

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

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.

Prices of any service offerred through the Application, including but not limited to subscription plan fees of the Application, 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 Application itself.

Pixpa shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service

THIRD PARTY SERVICES:

Pixpa provides the ability to use third party services within your Pixpa account suc as FotoMoto (for ecommerce), AddThis (for social media sharing), Facebook embed, YouTube and Vimeo embed amongst many others. This list is not exhaustive and is subject to additions or deletions. Pixpa provides these third party services on “as-is” basis and is not responsible for their performance or any damage caused by their use. The terms of use of these services are applicable along with Pixpa's terms of use, if you are using any of these third-party services in your account.

YOUR GRANT OF LICENSE TO PIXPA
  • By creating your website on Pixpa, you grant Pixpa a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish your Website Content solely for the purposes of (i) displaying, distributing and promoting your Website, and (ii) promoting the Application or any part of it, our company, our other products and services, and the Pixpa.com community.
  • If you delete Content, Pixpa will use reasonable efforts to remove it from our promotional materials, but you acknowledge that it may not be possible to remove some references to the Content.
  • The rights granted to us to use your Content for promotional purposes do not permit us to sell or license or otherwise directly profit from your Content, or to transfer or sublicense our rights in your Content to any other person except for the limited purpose of using their services to prepare our promotional materials and works, and you may opt out of our rights in clause (ii) at any time by contacting us at our contact information shown at the bottom of this Agreement (provided that if you do opt out, we will use reasonable efforts to remove the Content in a timely manner from our promotional materials but such removal may not be immediate).
RESPONSIBILITY OF WEBSITE VISITORS

Pixpa has not reviewed, and cannot review, all of the content and materials, including computer software, published on the Application, and cannot therefore be responsible for that material’s content, use or effects. By operating the Application, Pixpa does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Application may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Application may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pixpa disclaims any responsibility for any harm resulting from the use by visitors of the Application, or from any downloading by those visitors of content there posted.

COPYRIGHT INFRINGEMENT

If you believe that any content or material located on or linked to by Pixpa.com violates your copyright, please notify us at support@pixpa.com.

PIXPA’S INTELLECTUAL PROPERTY

Pixpa, Pixpa.com, Pixpa Logo and all other trademarks, service marks, graphics and logos used in connection with Pixpa.com or the Application are trademarks or registered trademarks of Pixpa or Pixpa’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. Your use of the Application grants you no right or license to reproduce or otherwise use any Pixpa or third-party trademarks.

YOUR LIABILITY

You are solely responsible for your activities on the Pixpa Application, 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 its 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 (c) 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 Application or any of the Websites and you nonetheless may be exposed to such materials. You agree to use the Application or view any of the Pixpa Websites at your own risk.

TERMINATION

Pixpa may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately.

  • Your Website account can also be terminated if you violate this agreement in any way.
  • Your Website account can also be terminated as part of a shutdown of Pixpa’s Application and Service.
  • If you wish to terminate this Agreement or your Pixpa Website account, you can send us a an account cancellation request as outlined in this agreement.
  • All provisions of this Agreement which by their nature should survive its termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
NO WARRANTIES

The Pixpa Application and Service is provided on an "as is" and "as available" basis without warranties of any kind, expressed or implied. You expressly agree that use of the site is at your sole risk.

Pixpa does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, or that access thereto will be continuous or uninterrupted (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

LIMITED LIABILITY

To the fullest extent permitted by law, in no event will Pixpa be liable with respect to any claims arising out of or related to the Application, Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Application or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Application; (d) any damages related to loss or corruption of any content or data; (e) any User Content or other conduct or content of any user or third party using the Application, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Application. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory. To the fullest extent permitted by law, in no event shall the aggregate liability of Pixpa for all claims arising out of or related to the Application and this Agreement exceed the greater of Ten dollars ($10) or the amounts paid by you to Pixpa in the twelve (12) months immediately preceding the event that gave rise to such claim.

GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that (i) your use of the Application will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Application will not infringe or misappropriate the intellectual property rights of any third party.

INDEMNIFICATION

You agree to indemnify and hold harmless Pixpa, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses (including attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your Website, your User Content, and Your Products; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Pixpa regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.

CONTROLLING LAW

This Agreement and the Services shall be governed in all respects by the laws of the State of Delhi, India, without regard to its conflict of law provisions.

MODIFICATIONS TO THE AGREEMENT

The terms of the Agreement may be modified by Pixpa from time to time without notice to you. Please read the Agreement carefully and check the Pixpa site frequently to stay abreast of any changes or modifications. If you do not agree to be bound by the Agreement, then do not use the Website. By continuing to use or access the Application after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.

Questions about this Terms of Use Agreement?
Please contact us at the following email address: support@pixpa.com.

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For support or any questions:
Email us at support@pixpa.com


Pixpa USA
501 Silverside Road, Suite 105,
Wilmington, Delaware 19809
USA


Pixpa India
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Okhla Industrial Area, Phase-1
New Delhi IN - 110020

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