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Terms of Use. This page explains Pixpa’s terms of service.
By using Pixpa, you’re agreeing to these terms. Please read carefully.
Last updated 5 April 2018.

AGREEMENT

The following terms of service cover your use of and access to the Pixpa.com Website and all of its content, sites, templates, products, tools and features (collectively, known as "Application") and the "Services" provided by the Application, to create your "Website (your site, online store, client proofing, and any other content uploaded to and shared through the application)

The Application is owned and operated by Idea Zinc Design Private Limited, a company registered under Companies Act 1956 in India, having its registered office at 52-B, Masjid Moth, New Delhi-110048, India, from now on referred to as “Pixpa.”

The Application is provided to you by Pixpa together with its resellers, affiliates, and subsidiaries.

The Application is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and 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”).

If you're using the Application on behalf of any entity/company, in that case, you agree to this Agreement on behalf of that entity/company, and represent and warrant that you can do so.

You must be 18 years of age or older to use the Application.

Privacy Policy

Our Privacy Policy explains how we collect, use and share your and your End Users’ information. By using the Services, you agree to our collection, use, and sharing of information as outlined in the Privacy Policy.

If you do not agree to all the terms and conditions of this Agreement, then you may not access the Application.

1. Your Pixpa Account

1.1. Create your account

To use the Application, you must first create an account (“Account”). You must provide your full legal name, a valid email address, and any other required information to complete the account creation process.

1.2 Access to your account

Your account login can only be used by one person. You may not share your login details with anyone else. You cannot maintain more than one free trial account at any point in time.

1.3 Your Account Security

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

2. Your Content

2.1. You own all the content you upload to the Application

You own all of the content you upload to the Application and publish on your Website through your account such as text, photos, images, audio, video, code and any other materials (“User Content”).

2.2. Your License To Us

By submitting user content to Pixpa for inclusion on your Website, you grant Pixpa a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Application.

3. Your responsibilities

You may not use the Application for any illegal or unauthorised purpose. You must not, in the use of the Application, violate any laws in your jurisdiction (including but not limited to copyright laws).

3.1. You have the rights to use the content you are adding to your website

You represent that you own all rights to your User Content or otherwise have (and will continue to have) all necessary rights and permissions to use, share, display, transfer and license your User Content through your Website. You represent that the content that you are adding to your website is not infringing or violating the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Don't copy, upload, download or share content unless you have the right to do so.

3.2 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 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.

3.3 Do not abuse or misuse the Application

  • Don’t actively test, scan or probe Pixpa's application to find any vulnerability in the system or network.
  • Don’t bypass or breach any security or authentication measures on the Application.
  • Don’t access, tamper with or use nonpublic areas or parts of the Application, or shared areas of the Services you haven't been invited to.
  • Don’t take apart, decompile or reverse engineer any part of the Application to access things such as source code.
  • Don’t access, search or create accounts by any means (for example, scraping, spidering or crawling) other than our publicly supported interfaces on the Application
  • Don’t take any action that imposes an unreasonable load on the resources of our infrastructure or our third-party providers. (We reserve the right to determine what’s reasonable.)
  • Don’t provide your password to any other person, use any other person’s username and password, or otherwise access the Application through shared credentials.

3.4 Follow the law in letter and spirit

You represent that your use of the Services is not contrary to applicable laws, including without limitation applicable US export controls, regulations, and sanctions.

3.5 Your Website And Your End Users Are Your Responsibility. 

You may use the Application to create and publish your Websites, online stores and other products or Services (“Your Websites”), and Your Websites may have their own visitors and users (“End Users”). You understand and agree that Your Websites and your End Users are your responsibility, and you’re solely liable for compliance with any laws or regulations related to Your Websites and your End Users. We’re not responsible in any way for Your Websites or your End Users. You need to post your own terms of use and privacy policy for your end users on your websites.

4. 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 many 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 (We reserve the right to decide on what is reasonable and practical).

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. (We reserve the right to decide on what is reasonable and practical).

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 user 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 websites, and similar unsolicited promotional methods;

Your Website should not include any User Content 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).

5. PAYMENT TERMS

5.1 Automatic Recurring Subscription 

By using Pixpa’s Application and 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 on those fees. Payments are charged in advance for your subscription period (monthly or yearly).

Pixpa reserves the right to change the subscription fees and pricing for its Application and Services at any time.

You can disable auto-renewal by contacting our Customer Support. Please note that your website may get suspended or terminated if your subscription payment is not received on time.

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 authorise 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.

If your subscription charge is denied, we will attempt to re-charge your Credit Card multiple times before suspending or terminating your account.

5.2 Upgrades or downgrades

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.

5.3 Account Cancellation

You can cancel your Website Account at any time by visiting the Billing page of the Application or emailing us at support@pixpa.com.
If you are paying through Paypal, you will need to cancel your PayPal subscription also
Your Account and all of its User Content will be queued for deletion upon cancellation of your account.

5.4 Refunds

Pixpa offers a 30-day money back guarantee on new accounts. This guarantee is applicable only for 30 days from the start of a new subscription.

For subscriptions older than 30 days, 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 a yearly subscription.

Pixpa may, on its discretion, refund any payment received within the last 30 days in the specific case wherein an account on annual subscription is canceled.

5.5 Chargebacks

If you contact your bank or credit card company to decline or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, please contact Customer Support before filing a Chargeback. We reserve our right to dispute any Chargeback.

5.6 Our Payment Processor

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy, in addition to this Agreement.

We have no control over and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase following the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

6. Third Party Services

6.1 Third Party Services

The Application is integrated with various third-party Services, Applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email Services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof.

6.2 Third Party Sites

The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.

Fees For Third Party Services

Third Party Services purchased via the Services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. We don’t offer refunds for purchases of Third Party Services.

7. User Content

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 the Application violates your copyright, please notify us at support@pixpa.com.

8. Selling through Your Pixpa Website - Your eCommerce

8.1 Your Ecommerce Responsibilities

The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “Your eCommerce”). We’re not a party to, and we aren’t liable for, Your eCommerce. You're solely responsible for Your eCommerce, and compliance with any laws or regulations related to it, including without limitation the following:

8.2 Taxes

You're solely responsible for:
(a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection therewith;
(b) collecting, reporting and remitting required Taxes to relevant government authorities; and
(c) informing your End Users of required Taxes, and providing them with invoices as required by law. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.

8.3 Fulfillment And Delivery

You're solely responsible for fulfilling and delivering your products and services to your End Users.

8.4 Claims and Warranties

You're solely responsible for any claims or warranties you make in connection with Your eCommerce.

8.5 Customer Service

You're solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Website so that your End Users can submit comments or complaints to you.

8.6 Your Website Terms, Policies, And Legal Compliance

You agree to publish and clearly make available a privacy policy, and any other terms or policies that may be required by law on Your Website. You warrant that Your Websites and Your eCommerce will comply with all applicable laws and regulations. We do not provide any legal advice regarding such terms, policies or compliance.

8.7 eCommerce Suspensions

We may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove your Account, Your Websites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

8.8 eCommerce Payment Processors

To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Website with third-party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are Third Party Services, as defined in this agreement.

While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.

8.9 eCommerce Restrictions

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.

9. Our Rights

9.1 Our Rights

We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law):

  • We may remove any User Content from your Website that, in Pixpa’s opinion, violate any Pixpa policy or this agreement or is in any way harmful or objectionable.
  • We may Suspend/cancel an account or deny access to and use of the Application to any individual or entity for any reason.
  • We may modify or discontinue, temporarily or permanently, the Application (or any part thereof).
  • We may Modify subscription and add-on prices of any service offered through the Application.
  • Pixpa shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Application.

9.2 We Can Use Your Feedback For Free

We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.

9.3 We Use Open Source Software

Some of the software used in the Application may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.

9.4 HTTPS Encryption

We may offer HTTPS encryption for Your Website. By connecting your custom domain name with your Pixpa Website, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Website.

9.5 Handling Ownership Disputes

Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.

10. 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.

11. Your Liabilities

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.

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.

12. 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 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.

13. 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.

14. Limited Liability

To the fullest extent permitted by law, in no event will Pixpa, its officers, directors, employees, resellers, affiliates, and subsidiaries 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 Ten US dollars (USD 10).

15. 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.

16. Indemnification

You agree to indemnify Pixpa and its officers, employees, agents, successors, subsidiaries, resellers, affiliates 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.

17. 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.

18. Governing Law

This Agreement and the Services shall be governed in all respects by the laws of India. In the event any claim or suit is brought in connection with this Agreement, it shall be brought to the exclusive jurisdiction and venue of the courts of Delhi, India. In any action to enforce this Agreement, including, without limitation, any action by Pixpa, you will be responsible for paying Pixpa a reasonable attorney’s fees and costs in connection with such action.

19. Waiver, Severability, And Assignment

Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect, and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

20. 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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Email us at support@pixpa.com

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