This web page represents our Terms of Use and Sale ("Agreement") regarding our website, pixleus.com ("Website"). It was last posted on 18 April 2017. The terms, “Pixleus”, “we”, and “our” as used in this Agreement refer to Pixleus LLC d/b/a Pixleus.

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, our Privacy Policy accessible at https://pixleus.com/privacy-policy.html, and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. The failure of Pixleus to exercise or enforce any right or provision of the Legal Terms shall not constitute a waiver of such right or provision. In addition, when using the Website’s particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. If you do not wish to be so bound, please do not use or access our Website.

You hereby acknowledge and agree that this Agreement supersedes and replaces all oral or written agreements, memoranda, correspondence or other communications, collectively, (“communicated exchanges”) between you and any of Pixleus’s representatives that may be in conflict with this Agreement unless such communicated exchanges provide warranties that are expressly specified to be exempt from this Agreement.

Limited License

Pixleus grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of products whether electronic or physical and any related services through our Website, strictly in accordance with our Legal Terms.

User Conduct

You may not engage in any of the following prohibited activities:

  1. copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated "scraping",
  2. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Website,
  3. transmitting spam, chain letters, or other unsolicited email through, in, or on our Website or our Website user accounts,
  4. attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website,
  5. taking any action that imposes, or may impose at an unreasonable or disproportionately large load on Website infrastructure that could compromise the Website’s functioning,
  6. uploading invalid data, viruses, worms, or other software agents through the Website,
  7. collecting or harvesting any personally identifiable information, including account names, from the Website,
  8. using the Website for any commercial solicitation purposes except where permission is explicitly provided or authorized by the Website,
  9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
  10. interfering with the proper working of the Website,
  11. accessing any content on the Website through any technology or means other than those provided or authorized by the Website, or
  12. bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Pixleus. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Pixleus aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Pixleus, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website without prior and express written permission from Pixleus. The look and feel of the Website is © copyright of Pixleus LLC d/b/a Pixleus; all rights to the look and feel of the Website are reserved by Pixleus LLC d/b/a Pixleus, and you may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without prior and express written permission from Pixleus. Pixleus prohibits use of any logo of Pixleus or any of its affiliates as part of a link to or from any website unless Pixleus approves such link in advance and in writing. Fair Use of Pixleus’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Website User Accounts

Account Creation

You must complete the registration process by providing Pixleus with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name.

Content License

By submitting content to the Website, you grant Pixleus a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website and Pixleus's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

Responsibility for Account

You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Pixleus immediately of any unauthorized use of your account or any other breach of security.

Liability for Account Misuse

Pixleus will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by Pixleus or another party due to someone else using your account or password.

Use of Other Accounts

You may not use anyone else's account at any time, without the permission of the account holder.

Account Security

Pixleus cares about the integrity and security of your personal information. However, Pixleus cannot guarantee that unauthorized third parties will never be able to defeat the Website's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

Applicable Terms

User Accounts are subject to all of the Website’s Legal Terms.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than Pixleus. Such links are provided for your reference only. Pixleus does not monitor or control outside Websites and is not responsible for their content. Pixleus’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Pixleus’ inclusion of the links imply that Pixleus is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer

Postings on our Website are made at such times as Pixleus determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Pixleus does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

No Warranties; Exclusion of Liability; Absolute Indemnification

OUR WEBSITE IS OPERATED BY PIXLEUS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PIXLEUS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY PRODUCTS AND SERVICES YOU PURCHASE THROUGH IT. PIXLEUS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR PRODUCTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY PRODUCTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER PIXLEUS OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, PRODUCTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, PRODUCTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL PIXLEUS’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO PIXLEUS FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, PIXLEUS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

PIXLEUS AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE. PIXLEUS MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, PRODUCTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnification

You agree to defend, indemnify and hold harmless Pixleus, its heirs, successors, and assigns, subsidiaries and affiliated companies (“Pixleus Affiliates”), and Pixleus Affiliates’ officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Website or any Products or Services you purchase through it. Pixleus may assume the exclusive defense and control of any matter for which users have agreed to indemnify Pixleus and you agree to assist and cooperate with Pixleus in the defense or settlement of any such matters.

Arbitration:

  1. Claim Procedure: For any dispute you have with Pixleus, you agree to first contact Pixleus and attempt to resolve the dispute informally. If Pixleus has not been able to resolve the dispute with you informally, both parties each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
  2. Arbitration Location: Unless you and Pixleus agree otherwise, the arbitration will be conducted in any of the counties where Pixleus is physically located.
  3. Arbitration Fees: Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.
  4. Arbitration Award: The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses.
  5. Injunctive Relief: Nothing in this Arbitration Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
  6. Class Actions: All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims.
  7. Waiver of Jury Trial: You agree that, by entering into these terms, you and Pixleus are each waiving the right to a trial by jury or to participate in a class action.

Fair Consideration

This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal representative) drafted the Agreement. The headings, titles, and captions contained in this Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter; (b) the word "including" means "including, without limitation"; (c) words importing the singular number only shall include the plural and vice versa; (d) references to persons shall include individuals, partnerships, trusts, associations, unincorporated organizations and corporations.

Severability

If any term of the above Agreement, is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the Agreement contemplated hereby to the detriment of Pixleus, Pixleus shall be entitled to compensation for such adverse impact.