Terms of Service

Last Updated: Apr 2, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR SERVICE.

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SERVICE, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.

Acceptance of these Terms of Use

The pixelK.com service and its affiliate sites and products are owned and operated by pixelK.com. and its affiliates ("pixelK", the "Company", "we", or "us" ). Access to and use of the Sites are subject to the terms and conditions of these Terms of Use. The Sites are not intended for users under 13 years of age. If you are under 13, do not use the Sites and do not provide us with any personal information.

License

The Software is licensed, not sold. You are not granted any ownership rights by downloading or accessing our Software. The Software and any associated applications, documentation or processes are owned by Pixelk. Based on your payment for all applicable fees and your compliance with the terms and conditions of this Agreement, Pixelk grants you a worldwide, personal, limited, non-commercial, non-exclusive, non-assignable, non-transferable, non-sub licensable, freely recovcable license to use the Software until this Agreement is terminated.

Refund Policy

If you are not 100% satisfied with your purchase, within 30 days from your first purchase date, we will fully refund the cost of your order. However, please be aware that each customer can be refunded only once.

If you want to get refund, send a email to support@pixelk.com with the subject of "Refund Request".

Grant of Rights

You may use the Software on a single domain for personal purposes for each license you have acquired; or copy the Software for archival and disaster recovery purposes, provided any copy must contain all of the original Software's proprietary notices. Each user using the Software must own a license.

License Restrictions

You are responsible for your use of our Software. You agree not to access, copy, or otherwise use the Software unless permitted through this Agreement or in writing by us. Additionally, you may not decompile, disassemble, extract or otherwise reverse engineer any of the Software. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software. You agree not to share, rent, lease, or loan the Software. You may not make any commercial use of the Software code except as expressly permitted under this Agreement.

Modification and Availability of Software

We reserve the right to modify, update or remove our Software from your system at any time, or demand you to do so. We may conduct such modifications to our Software for security reasons, intellectual property or other legal reasons, or other reasons at our discretion, and we are not required to explain such modifications. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Software for security, legal or other purposes. We may also decline to make any modifications and updates to our Software at our discretion . Please be aware that any modifications maybe automatically downloaded without any notification to you. We do not guarantee that the Software will always be available, function or be accessible at any particular time. We cannot guarantee that the Software will work as stated or that it will give you your desired results.

Ownership

You are not granted any ownership rights by downloading or accessing our Software. Rather, you are granted a license to use our Software in accordance with this Agreement. Aside from the license granted within this Agreement, this Agreement creates no relationship between you and pixelk. Additionally, you may not remove, modify, copy or change anything within our Software.

Third Parties

Please be aware that we do not recommend, endorse, vouch for or otherwise guarantee any third party service, websites or software encountered by you on our Software. Any disputes or complaints between you and any third parties must be lodged with that third party and not Pixelk. You agree that Pixelk is not be responsible or liable, directly or indirectly, for any loss or damage of any sort arising out of or related to any dealings with any such third parties or as the result of the presence of the opportunity to connect with such third parties.

License to pixelK

By using Pixelk and submitting any data, text, graphics, reports or other information("Content(s)") to us, you grant us representatives and assigns a non-exclusive, fully - paid, royalty- free, irrevocable, world-wide, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reprod uce, modify, prepare derivative works and otherwise use and transmit Content to facilitate any services provided by the Software or us. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our Service.

Modification of Terms of Use

We reserve the right to change these terms and conditions of these Terms of Use at any time. You should check this page regularly. The changes will appear on the Sites and will be effective when we post the changes. Your continued use of the Sites means you agree to and accept the changes.

Privacy Policy

Please be aware that our Software may collect non-identifiable informations such as search queries, user actions, location information and other relevant information required . This allows us to provide you with the most relevant information possible. The Software may also collect identifiable information as disclosed through our Privacy Policy . All information collected, whether identifiable or non-identifiable, may be collected and stored on our data servers. Please be aware that all information collected by our Software may be stored for a commercially reasonable period.

For more information about privacy, please review our Privacy Policy to understand what information we collect, how we use it, and to whom we disclose it.

Representations and Warranties

OUR SOFTWARE IS OFFERED "AS-IS", INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR SOFTWARE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR SERVICE, MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON- INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. WE ARE NOT OBLIGATED TO PROVIDE YOU ACCESS TO ITS SOFTWARE. IN THE EVENT OF ANY PROBLEM WITH THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SOFTWARE.

Limitation of Liability

IN NO EVENT SHALL Pixelk , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SOFTWARE OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT WITH OUR SERVICE, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SOFTWARE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SOFTWARE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR SOFTWARE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION

NOTWITHSTANDING ANY PROVISION OF THESE TERMS, IF YOUR JURISDICTION DO NOT ALLOW US TO LIMIT OUR LIABILITY AND HAS PROVISIONS SPECIFIC TO WAIVER OR LIABILITY THAT CONFLICT WITH THE ABOVE THEN OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY I TS NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; OR (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, SOFTWARE, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.

Trademarks

The terms pixelK, pixelK.com, and other Company trademarks and services marks, and associated logos and all related names, logos, product and service names, designs and slogans are trademarks of pixelK.com or its affiliates or licensors. You must not use such marks without the prior written permission of pixelK.com. All other trademarks and copyrights are the property of their respective owners .

Copyright

pixelK.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify us by email to support@pixelk.com with the Subject of "Copyright Complaints" and provide us with the following information:

▪ A physical signature of the person authorized to act on behalf of the owner of the copyright interest.

▪ Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.

▪ Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise url (web page) that it appeared on, along with any copies you have of that web page.

▪ Your address, telephone number, and e-mail address.

▪ A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

▪ A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

We respond quickly to the concerns of rights owners about any alleged infringement.

No reliance on information posted on the Sites

Content, articles, information and postings by us and our contributors are provided purely for general information purposes only and can never take into account your unique, personal circumstances and needs. Never rely upon such general information in making decisions about specific situations, or use it as a substitute for in-person evaluation or professional advice (including, without limitation, medical, legal, tax, financial or veterinary issues).

Last Updated: Apr 2, 2015