Please read these Terms of Use (“Terms”, “Terms of Use”, “Terms and Conditions”) carefully before using pixelscreators.com Website (the “Service”, “Services”) operated by Pixels Creators (“us”, “we”, or “our”). These Terms and conditions applies to all Pixels Creators Website Users (“User”, “You”)
Your access to and use of Pixels Creators website Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you may simply discontinue using the Service
Accounts
When you create an account with us, you must provide us 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, whether your password is with our Service or a 3rd party service.
You agree not to disclose your password to any 3rd party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Age and Responsibility
You represent that you are of sufficient legal age to use the website and to create binding legal obligations for any liability you may incur as a result of the use of the website or Materials. You understand that you are financially responsible for all uses of the website or Materials by you and those using your login information.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Pixels Creators and/or any 3rd party services used by us to create, improve, manage, monitor and secure our website.
Ownership
Except for content provided by you or any other website users, the information and all other materials comprising the website, including any of the products or services located thereon (collectively, the “Materials”), are wholly owned by (or licensed to) one of the Pixels Creators and/or their content providers. The website contains copyrighted material, trademarks, and other proprietary information. Pixels Creators owns a copyright in the selection, coordination and arrangement of the website. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of Pixels Creators or such other party that may own the Materials.
Links
Our Service may contain links to 3rd-party websites or services that are not owned or controlled by Pixels Creators.
Pixels Creators has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any 3rd party websites or services. You further acknowledge and agree that Pixels Creators 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 use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any 3rd party websites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you wish to terminate your account, you may simply discontinue using the Service, you can also send us a request to close your account. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of Texas – United States, without regard to its conflict of any other laws provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the agreement between us for you to use Pixels Creators website services
Indemnity
You agree to indemnify and hold harmless Us ( and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Us as a result of any claim, judgment, or adjudication against Us related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by You to Us (the “User Content”), or (b) any claim that that use of the your content infringes the intellectual property rights of a 3rd party.
You agree that you will defend, indemnify, save and hold Us (and our employees, subsidiaries, partners, affiliates, agents, co-branders, partners and service providers) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our clients, our officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold us harmless against liabilities arising out of; any injury to person or property caused by any products sold or otherwise distributed in connection with our services; any material supplied by you infringing or allegedly infringing on the proprietary rights of a 3rd party; Copyright infringement and any defective products sold to you.
You agree to defend, indemnify and hold Us (and our employees, subsidiaries, partners, affiliates, agents, co-branders, partners and service providers) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our website (ii) your violation of any term of these Terms of Service; (iii) your violation of any 3rd party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your content caused damage to a 3rd party. This defense and indemnification obligation will survive these Terms and Conditions for anyone uses our website.
Limitation of Liability
Pixels Creators and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website and any Materials made available to you by Us, and you hereby waive any claims with respect thereto, whether based on contractual, or any other grounds, even if Pixels Creators has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, Pixels Creators and all of its affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
You acknowledge and agree that the provisions of our website Terms and Conditions represent a reasonable allocation of the risks. Pixels Creators willingness to allow you to use the website or any other services they provide reflects this allocation of risk and the limitations of liability specified herein.
No Warranties
THE WEBSITE, MATERIALS AND THE CONTENT PROVIDED THEREON IS PROVIDED “AS IS”, AND NEITHER PIXELS CREATORS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF.
No oral advice or written information given to you by Pixels Creators or any of its affiliates, subsidiaries, business units, content providers, agents, or the like shall create any warranty.
Neither Pixels Creators nor any of its content providers, agents, or the like warrants that access to, or use of, the website will be uninterrupted, virus free, or error-free, or that the website (including, without limitation, any content and Materials on the website) will meet any particular criteria of performance or quality.
Disclaimer of All Other Warranties: PIXELS CREATORS DOES NOT WARRANT THAT THE MATERIALS, CONTENT AND FUNCTIONS CONTAINED IN ITS WEB PAGES OR THE WEBSITE WILL MEET THE USER’S REQUIREMENTS OR THAT THE OPERATION OF THE WEB PAGES WILL BE UNINTERRUPTED, OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB PAGES AND WEBSITE IS WITH THE WEBSITE USER. EXCEPT AS OTHERWISE SPECIFIED IN THIS TERMS & CONDITIONS, PIXELS CREATORS PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. PIXELS CREATORS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS TERMS & CONDITIONS, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM.
Severability
IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. IN SUCH EVENT IF ANY THIS AGREEMENT WILL BE CONSTRUED AS IF THOSE INVALID OR UNENFORCEABLE PROVISIONS HAD NEVER BEEN CONTAINED IN IT, UNLESS THE DELETION OF THOSE PROVISIONS WOULD RESULT IN SUCH MATERIAL CHANGE SO AS TO CAUSE COMPLETION OF THE SERVICES AND/OR TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT TO BE UNREASONABLE.
Forward Looking Statement Disclosure
Statements made on this website that are not based on historical facts are considered “forward-looking” and, accordingly, involve risks and uncertainties that could cause actual results to differ materially from those discussed. Although such forward-looking statements have been made in good faith and are based on reasonable assumptions, there is no assurance that the expected results will be achieved. These statements include (without limitation) statements as to future expectations, beliefs, plans, strategies, objectives, events, conditions, conversions and financial performance. In connection with the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995, Pixels Creators is providing this cautionary statement to identify important factors that could cause actual results to differ materially from those anticipated.
In addition to factors discussed on this website, All “forward-looking” statements included in this website are based upon information presently available, and Pixels Creators, except to the extent required by the federal securities laws, undertakes no obligation to update or revise publicly any “forward-looking” statements to reflect new information or current events.
Changes
To keep pace with technology rapid change, 3rd Party Services change, law, or to accommodate issues that arise, Company reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to read, download or print from our website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you can stop using our services.
Contact Us
If you have any questions about these Terms, please contact us.