Updated August 14, 2023

‍

Agreeing to Terms

These Terms of Service (this “Agreement”) between PixelPass (“we”, “us” or “PixelPass”) and you govern your access and use of our design platform made available through www.getpixelpass.com (this “Site”) and the subscription or other services we provide (the “Services”).  By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. 

‍

By signing up as a client of PixelPass or using the getpixelpass.com website, you agree to be legally bound by these conditions. Please read these terms of services carefully. We may change these terms at any time by updating this page. You should visit this page periodically to review these conditions, as they are binding to you. If you do not agree with ALL of these terms, then you are expressly prohibited from using the site and must discontinue use immediately.

‍

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. No materials may be copied, distributed, republished, downloaded, reproduced, shared, posted, or transmitted in any method unless fully authorized by an authorized PixelPass representative.

‍

PixelPass may grant permission to your organization to use materials on this Site at its discretion. Materials given permission to use may not be modified in any way, be used for commercial purposes, be decompiled or reverse engineered, remove copyright/proprietary notations, or transferred to another person to “mirror” or “duplicate” on any other server.

‍

Fees & Refunds

Use of our Services requires payment of recurring fees. Before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time. You agree that, upon registering for the Services, you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly, quarterly, annually). We reserve the right to terminate your account in the event of non-payment of amounts owed to us.  All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided.

‍

You may cancel your subscription with us at any time by logging into your account, or by contacting our team at team@getpixelpass.com.  If you cancel your subscription before the next renewal cycle, you can continue using your account and accessing your design files until the end of your paid billing term.  When your subscription expires, you will no longer have access to our Services and all design files associated with those Services.  We do not provide refunds or credits for partial months of service, downgrades, or unused time.

‍

User Representation

By using the Site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms of Use.
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Site for any illegal or unauthorized purposes.

‍

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

‍

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

‍

Disclaimer

The site is provided on an as-is and as-available basis. You agree that your use of the site and our service will be at your full risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:

• Errors, mistakes, or inaccuracies of content materials
• Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site.
• Any unauthorized access or use of our secure servers and/or financial information stored therein.
• Any interruption or cessation of transmission to or from the site.
• Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
• Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

‍

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising.

‍

Limitations

In no event will PixelPass, any of our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site. Even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to $50.

‍

Dispute Resolution

Any legal action or whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in United States, Phoenix, AZ, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than 6 months after the cause of action arose.

‍

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

‍

Your Uploaded Content

Any text, documents, PDF, images, videos, files you upload to the software we use or submitted through email are considered “Your Content”. All materials and content submitted to us when creating your design request or projects remain your property. You are held 100% liable for all content submitted and their use in completed design. We do not provide any copyrights, trademarks, or licenses research when using your content. What you provide, shall we use as-is and you are held liable for the published work PixelPass submits back to you.

‍

Responsibility for Your Content: You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

‍

Permission to Use Your Content: By posting Your Content through our Dashboard or submitting them via Email, you grant PixelPass a license to use it. PixelPass will never claim ownership of your content, however, we reserve the right to use published or unpublished work on our website and in advertising materials. You will still own exclusive rights to your content and any licenses you own remain yours. You simply grant us permission to use.

‍

Rights You Grant PixelPass: By posting Your Content, you grant PixelPass a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote PixelPass.

‍

Reporting Unauthorized Content: If content that you own or have rights to has been posted to the Services without your permission and you want it removed, contact us via email. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.

‍

Inappropriate, False or Misleading Content: You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

‍

Ownership, Copyright, Trademark, and Provided Files

All design and original source files created while you are enrolled with us are yours to keep and own. You must provide our designers with sufficient content and instructions to complete the work. All files submitted to PixelPass must be owned by you and not be stolen from another entity. You are 100% responsible for all materials submitted to us to create designs for you. Even in the completed design that we submit to you, we are not liable for any infringement on intellectual property rights.

‍

You agree to indemnify, defend, and hold harmless PixelPass and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

‍

Releasing Completed Work

We hold ourselves to a high standard of delivery and would never intentionally submit final files with errors to you. However, in the rare event that you do receive a file with errors, please notify us promptly and we will do our best to quickly make the revisions and re-submit to you. PixelPass is not liable for any loss of business or loss of revenue incurred from errors in our design files. Please make sure you check the design before ordering print or finalizing for marketing.

‍

Confidentiality

All communication between you and any PixelPass representative are held confidential. We will not disclose your private information or project information with unauthorized users.

‍

Delivery Output

You may submit as many design requests as possible and all requests will be stored on our management software and prioritized accordingly. Our team will work on one design at a time for you including revisions. In order for us to move onto the next project, your current project must be completed and approved before we can move onto the next project. You can also Pause or Cancel a project if you no longer wish for that project to be completed. Pausing or Canceling a project will instantly stop its production and allow our team to move onto the next project in line.

‍

Site Management

We reserve the right, but not the obligation to:

• Monitor the Site for violations of these Terms of Use.
• Take appropriate legal action against anyone who, in our sole discretion, violates the law of these Terms of Use, including without limitation, reporting such users to law enforcement authorities.
• In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof.
• In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
• Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

‍

Third Party Websites and Content

PixelPass has not reviewed or approved all sites linked to its Internet web site. PixelPass is not responsible for any contents of any such linked websites. 3rd party Links does not imply endorsement by PixelPass. Please use your best judgment and discretion when using such links.