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PXLGRAM.COM TERMS OF USE

Date of last revision: July 11, 2014

Overview

PXLGRAM.com (“Site”) is a free member subscriber internet service that allows users to generate and share original, unique PXLGRAMS created from photos, other images, and authorized and legal content uploaded to the Site. By using or accessing the pxlgram.com site or any of its services (“Services”), you the (“User”) agree to be bound by the Terms of Service (“Terms”) as defined in this Statement. Please read this Statement carefully before accessing or using the Site. To use the pxlgram.com Site, You must be at least 13 (thirteen) years of age. No one under the age of 13 may provide any images, content, or any personal information to the pxlgram.com Site. No user may provide any information about children under the age of thirteen to the Site. PXLGRAM.com retains the right to terminate any user’s license to use the Site at any time and for any reason. PXLGRAM.com also reserves the right to update or change the terms of service from time to time without notice at its sole discretion.

Privacy Policy

Your use of pxlgram.com is subject to the terms and conditions outlined in our Privacy Policy that explains pxlgram.com’s data collection practices and how the Site can use information uploaded to pxlgram.com. Please review the privacy statement that also governs the Site before using pxlgram.com.

Site Usage

You, the User, can create as many pxlgram.com membership accounts as you like, however each account must be associated with a unique email address. You can use your account to upload photos, images, and other content from your computer as well from external internet sources (“third-party data”), provided you do so within strict compliance of the terms of use of third party websites as well as intellectual property laws and regulations. The content uploaded to the Site can then be used to generate various unique PXLGRAMS that can be altered in a number of ways and shared with other pxlgram.com subscribers and internet users. You are solely responsible for your use of the pxlgram.com Site and Services and for the content, photos, and other information you upload to the Site. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SITE.

If you use the Site, you are responsible for maintaining the confidentiality of your account and your password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that pxlgram.com is not responsible for third party access to your account that results from theft or misappropriation of your account. PXLGRAM.com and its associates reserve the right to refuse or cancel service, terminate accounts, and edit or remove content at any time at its sole discretion. ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use ixplu.com strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to pxlgram.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally provided for by the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site is the property of pxlgram.com or its licensors and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PXLGRAM.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant the User any licenses, express or implied, to the intellectual property of pxlgram.com or our licensors except as authorized by these Terms of Use.

SPECIFICALLY, FOR PHOTOS AND OTHER CONTENT UPLOADED TO THE SITE YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL OWNERSHIP REQUIREMENTS AND RESTRICTIONS THAT MAY INCLUDE “ALL RIGHTS RESERVED” NOTICES. BY USING PXLGRAM.COM THIS DOES NOT SUPERSEDE THE OWNER’S RIGHTS OF INDIVIDUAL IMAGES.

Third Party Data / External Links

PXLGRAM.com subscribers have the capability to link their account to their own personal third-party accounts. Any content provided by external services such as Facebook, Picasa, Twitter, Flickr or other internet sites is considered to be “third-party data.” If this data is retrieved and processed by pxlgram.com it is delivered by the original external third-party service. User data and third-party data uploaded to pxlgram.com does not in any way represent the views, opinions or beliefs of pxlgram.com or any of its employees, and the Site makes no claim of accuracy for any information, data, opinions, advice or statements contained within such third-party websites.

Additionally, the business practices and privacy policies of any third-party data supplier are not within our purview, and pxlgram.com assumes no responsibility for content of any linked website or any link contained in a linked website. Also, the inclusion of a link on the Site or Services does not imply any endorsement by, or any affiliation with, pxlgram.com. By accessing the Site and Services and/or following links to third-party web sites you may be exposed to content that you may consider offensive or inappropriate. If this is the case, you the User agree that your only recourse is to stop using the pxlgram.com Site and Services and/or report such activity to info@pxlgram.com. PXLGRAM.com cannot be held responsible in any way for grievance resulting in such cases.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities (collectively “Communication Services”) that allow you to communicate with the public at large as well as with other pxlgram.com users. You agree to use the Communication Services only to post, send, and receive messages that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the pxlgram.com Site; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; offer to provide legal, accounting or other professional advice; download any file posted by another user of the Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices of proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

PXLGRAM.com has no obligation to monitor the Communication Services. However, pxlgram.com reserves the right to review materials posted to a Communication Service and to remove any material in its sole discretion. PXLGRAM.com also reserves the right to terminate your access to any or all of its Communication Services at any time without notice for any reason whatsoever. PXLGRAM.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials in whole or in part at pxlgram.com’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. PXLGRAM.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, pxlgram.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any such service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Uploaded to PXLGRAM.com or Posted on Any PXLGRAM.com Web Page

PXLGRAM.com does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to the Site or any associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submissions you are granting iplxu.com, our affiliated companies and necessary sub-licensees, permission to use your Submissions in connection with the operation of their business including, without limitations, the rights to; copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions.

No compensation will be paid with respect to the use of your Submissions, as provided herein. PXLGRAM.com is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time at ixplu.com’s sole discretion.

By posting, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in these terms, including without limitation, all the rights necessary to provide, post, upload, input or submit the Submissions.

DMCA Copyright Policy

PXLGRAM.com respects the intellectual property rights of others. As described above, pxlgram.com bears no responsibility for content uploaded to the Site. PXLGRAM.com specifically denies any culpability arising from, or responsibility for, the violation or infringement of any intellectual property rights by Users of the Site.

If you believe something on the Site has infringed upon your intellectual property rights, please notify us at info@pxlgram.com or by phone at 800-300-pxlgram (4795). Please provide the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and email address where we may contact the authorized agent.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

User Disputes

You are solely responsible for your interactions with other Users. PXLGRAM.com reserves the right, but is under no obligation, to monitor disputes between Users.

International Users

The Site is controlled, operated, and administered by pxlgram.com from our offices within the United States. If you access the Site from a location outside the United States you are responsible for compliance with all local laws as well as with these Terms of Use. You agree that you will not use the pxlgram.com content in any manner prohibited by any applicable law, restriction, or regulation.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PXLGRAM.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTIES FOR ANY LOSSES, COSTS, LIABILITIES, CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS, AND EXPENSES (INCLUDING ATTORNEY FEES) RELATING TO OR ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY ASPECT OF THESE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. PXLGRAM.COM RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH PXLGRAM.COM IN ASSERTING ANY AVAILABLE DEFENSES.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE HEREIN. PXLGRAM.COM AND/OR ITS SUPPLIERS AND AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE WHILE USING OUR SITE IS ACCURATE OR RELIABLE OR YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR.

PXLGRAM.COM AND/OR ITS SUPPLIERS AND AFFILIATES MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE SITE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

PXLGRAM.COM AND/OR ITS SUPPLIERS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PXLGRAM.COM AND/OR ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGE FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE.

PXLGRAM.COM ALSO CANNOT BE HELD LIABLE FOR THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, OR FOR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR OTHERWISE ARISING FROM THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PXLGRAM.COM OR ANY OF ITS SUPPLIERS AND/OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WAIVER

PXLGRAM.COM AND YOU ARE INDEPENDENT ENTITIES AND NOTHING IN THE TERMS OF USE OR THROUGH THE USE OF THE SITE OR SERVICES WILL, IN ANY CASE, CREATE ANY PARTNERSHIP, JOINT VENTURE, AGENCY, FRANCHISE, SALES REPRESENTATIVE, OR EMPLOYMENT RELATIONSHIP BETWEEN PXLGRAM.COM AND THE USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICT OF LAWS AND PRINCIPLES AND ARE, TO THE BEST OF OUR KNOWLEDGE, CONSISTENT WITH THE LAWS OF THE STATE OF NEW YORK. IF ANY PROVISION OF THE TERMS IS ADJUDGED TO BE ILLEGAL OR UNENFORCEABLE, THE CONTINUATION IN FULL FORCE OF THE REMAINDER OF THE TERMS OF USE WILL NOT BE PREJUDICED, AND THE ILLEGAL OR UNENFORCEABLE PROVISION OF THE TERMS OF USE SHALL BE SEVERED ACCORDINGLY. USE OF THE SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS INCLUDING, WITHOUT LIMITATION, THIS SECTION.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE YOU ARE WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS INCLUDING YOUR OWN. YOU FURTHER AGREE THAT IF YOU ARE DISSATISFIED IN ANY WAY WITH ANY PORTION OF THE SITE OR SERVICES OR WITH ANY ASPECT OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE RECOURSE AND REMEDY IS TO DISCONTINUE USING THE SITE.

Changes to this Statement

PXLGRAM.com may update this Terms of Use Statement from time to time without notice at its sole discretion.

If you have any questions or comments regarding our Terms of Use you can contact our support team at info@pxlgram.com or by phone at 800-300-pxlgram (4795). We welcome your input regarding our Terms of Use and any other aspects of the Site.