Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company used by you on any electronic device, named Pixells LLC.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to PIXELLS LLC.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content
  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent or communicated by You regarding the attributes, performance or features of our Service
  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
  • Service refers to the Application.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis from one of the available plans by the Company to You.
  • Terms and Conditions also referred as "Terms" mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Subscriptions

Subscription Period:

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription Cancellations:

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing:

You shall provide the Company with accurate and complete billing information including full name, address, city, country, zip code, telephone number, and a valid payment method information.

You will be responsible for all applicable taxes relating to your use of Pixells. If we are obligated to collect taxes for the fees paid or prints sold by you, the tax amount will be added to your payment.

Fee changes:

The Company, at its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to decide Your Subscription plans before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount

Refunds:

After the 14 days trial, any paid Subscription fees are non-refundable.

FREE TRIAL:

The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.

Selling Prints and other Products through Pixells

You may sell prints and other products through your collection hosted by Pixells. You acknowledge that the printing of any photos and products is performed by our partner vendors and Pixells is merely assisting the order process. You are required to connect your account with our third party payment service provider in order to accept payments. These payment services are governed solely by the third party provider's terms of service. We are not responsible for the actions of these third party service providers. We reserve the right to remove any content or your store altogether if it is in violation of these Terms of Service. You agree to pay the appropriate transaction fees or processing fees charged by our third party payment service provider.

Pixells is not responsible for resolving any disputes arising from these terms between you and any other parties.

Purchasers of these prints and other products hereby agree to deal with the offerer of sale (the photographer) in case of any requests and disputes.

If you are using the printing store, you agree to the Terms of Sale, Return/Exchange Policy set out by Pixells as follows. You shall be fully responsible for ensuring your images have the sufficient resolution, and are in the current settings for the products you set up to sell. Pixells and its Printing Vendors are not responsible for any cost or losses resulting from incorrect resolution or settings of the images. You agree to pay the cost of the products, the appropriate transaction fees to Pixells, as well as the processing fees charged by third party payment service provider. You are responsible for dealing with any disputes, cancellation/refund, and exchange of orders.

You are fully responsible for remitting the required sales tax to the appropriate government authorities.

Terms of Sales

These Terms of Sale are applicable to your purchase as an end user of any products through the Pixells Store and fulfilled by our Partner Print Vendor. In the event of any conflict between these Terms of Sale and the other provisions of the Terms such as ones set up by the photographer, these terms of sale will prevail. These Terms of Sale may not be altered or amended in any way, and all sales are expressly conditioned upon your agreement to these Terms of Sale.

You are responsible for paying all shipping charges applied to the order, the charges will be shown on the checkout page and it is subject to verification and to correction or change. We will contact you to correct the shipping before processing if there's any changes, and you will have the chance to cancel your order. Pixells Print Vendors will use reasonable efforts to ship all orders within the estimated delivery time applicable to the method of shipping you have chosen at time of order. Pixells is not responsible for any delays in shipping and other costs that may arise from the delay.

All prints and other products purchased are non-refundable and non-exchangeable. If the prints or products you received are physically defective, you are responsible for contacting the photographer within fifteen (15) days of your receipt of the products, and working out the necessary arrangements for either a refund or a replacement. The photographer shall contact Pixells in case of defective products, and Pixells has the right to accept or refuse the refund of the product.

Pixells will do its best to present accurate information in the product options however we do not warrant that the product description, photos and pricing are perfectly accurate, complete, reliable, current or error-free. All size dimensions are approximate, we make reasonable efforts to accurately display all details of the product offerings, including the applicable colour, and the applicable crop (in the case that the product needs cropping to fit the selected sizes), please note that the actual colour or crop you will see might be slightly different. Pixells Print Vendors reserve the right to format, manipulate or modify the image as may be required to satisfy a particular order. In the event of an error, we reserve the right to correct such errors and charge the correct price or cancel your order.

User Accounts

When You create an account with Pixells, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Using multiple accounts to benefit from any of the Company’s promotion or the free trial period is considered an abuse of the service and thus a breach for the terms of service and will result in an immediate cancellation of all these accounts and the probable loss of all galleries saved on these accounts.

Content

your right to post content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

content restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Not owned by you or your company or consented to you by its lawful owner.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, -and after informing the Account user-, refuse or remove this Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your own or others use of any content.

content backups

Although regular backups of Content are performed, the Company guarantees 99.9% there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Attribution

We reserve the right to display attribution links such as ‘Powered by Pixells,’ in your website footer. Footer credits may not be altered or removed unless included as an option in your paid Subscription.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Fair Usage Policy

The Company's fair usage policy (“FUP”) is designed to prevent fraud and abuse of our products. The Company's products are for individual photographer business use only (unless your subscription states otherwise) in accordance with this FUP (“Legitimate Use”).

The following is a non-exhaustive list of practices that would not be considered Legitimate Use:

  • Excessive demands on the Service that may affect the experience for other users.
  • Monthly upload or download traffic in excess of 100GB. Excess traffic may be subjected to a per GB surcharge.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions and/or FUP.

Upon termination, Your right to use the Service will immediately cease. If You wish to terminate Your Account, You may contact us at any time.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually being paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever ( including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. The Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Idemnification

You agree to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Service, including but not limited to your violation of these Terms.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect The Companys ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace any part of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these same Terms.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us on:
By email: [email protected]