Effective Date: 09/24/2010
Last modified: 09/01/2011
Welcome and thank you for choosing to use Pixifi!
Pixifi reserves the right to update and change the Terms of Service from time to time without notice. Your use of Pixifi's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Pixifi under a separate written agreement) is subject to the terms of a legal agreement between you and Pixifi. Pixifi is a trademark of Pixifi., whose mailing address is 836 E 17th Ave, Denver, CO 80218, United States This document explains how the agreement is made up, and sets out some of the terms of that agreement. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. In order to use the Services, you must first agree to these Terms. You may not use the Pixifi system if you do not accept these Terms. You can accept these terms by checking the checkbox during the sign-up process prior to your credit card being charged in the sign-up interface made available to you or by actually using the Pixifi service. If you have already had a beta account or are currently using Pixifi, then you understand and agree that your use of the services are an instant acceptance of these Terms. Should you decided that you do not want to accept these terms, you are prohibited from accessing or using Pixifi and you must cancel your account immediately. Please see the terms for Cancellation and Termination below. You may not use Pixifi and may not accept the Terms if (a) you are not of legal age to form a binding contract with Pixifi, or (b) you are a person barred from receiving the services under the laws of the United States or other countries including the country in which you are resident or from which you use Pixifi. You can review the most current version of the Terms of Service at any time at https://www.pixifi.com/terms.
A valid credit card is required to use Pixifi. The first 14 days of your account you may cancel at any time and your initial payment will be refunded. However, after your initial 14 days of service, your subscription license is available for renewal on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an active account. Pixifi does not automatically charge your credit card on a monthly basis, therefore you are required to renew your subscription license manually. However if you decide to choose the auto-subscription option, you agree to allow Pixifi to charge your credit card every month until you choose to cancel your auto-subscription. However, once you cancel your auto-subscription you will be required to manually renew your subscription every month. Please refer to subscription licenses below.
All fees are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies or duties, excluding only United States (federal or state) taxes. Downgrading your account may cause loss of content, features or capacity. Pixifi is does not accept liability for such loss.
Modifications to the Service and Prices
Pixifi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes and the then current version of this Agreement as posted on our website located here https://www.pixifi.com/terms. We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Pixifi website (pixifi.com) or the Service itself. Pixifi shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
To use Pixifi your account must have a valid License Key and Activation Code. These two codes are your way to access your Pixifi account in the system. Once your license expires it is up to you to renew your license for however many months you decide. Because pricing can change, it is encouraged that if you decide that you would like to use Pixifi for an extended period of time that you purchase more than one month of service upfront to lock in your monthly rate price. In the event that the monthly subscription price increases, you will not be affected to the increase due to the fact that your pre-paid in advance for Pixifi service. If the monthly subscription price were to decrease, no partial or full refunds will be given for pre-paid months of service. From the date that your License expires you will have up to seven (7) business days to re-new your license before your account will be terminated. Extensions may be given at Pixifi's sole discretion, on a per-account basis. If after an extension has been granted and you have not renewed your Subscription License within seven (7) business days after the extension expiration, your account will be terminated. Please see the terms for Cancellation and Termination below.
Subscription Lapses: If you are not on the auto-subscription and have chosen to renew manually, you are required to renew your subscription every time it expires. Should you decide to let your subscription expire and lapse in payments for any period of time, in the event that you would like to start using Pixifi again (assuming your account has not been terminated yet) you will be required to pay for all of the months from the last expiration date until your subscription license is no longer expired.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time via the settings section found at (https://www.pixifi.com/admin/settings/) Subscription in the administrative module. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Pixifi, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Pixifi reserves the right to refuse service to anyone for any reason at any time without written cause or justification. You understand and agree that in the event that Pixifi disables or terminates your account: (a) You may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, (b) Any external API calls will not be processed resulting in a loss of incoming data, (c) You will be provided all data in the form of a zip file (.zip) containing all data belonging to your studio in the form of individual CSV files (.csv)
Your use of Pixifi
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Pixifi will always be accurate, correct and up to date. Use of the Services requires a computer and Internet access connected through an Internet Service Provider with a web browser (for example, Google Chrome or Mozilla FireFox). You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services. You agree to keep your username and password and any other security or access information (collectively, "Access Information") confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual. If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services under your user name without your consent or your accounts have been accessed without your permission), you must notify us immediately.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXIFI, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL PIXIFI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIXIFI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PIXIFI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PIXIFI HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Pixifi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Disclaimer of Warranties.
The Website is provided "as is". Pixifi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pixifi nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Reliability of Service
Pixifi provides connectors that interact with third party applications whose vendors Pixifi may or may not have a commercial or contractual relationship with. Pixifi continuously monitors the working condition of these connectors and is committed to resolving any issues that may arise from a vendor changing the login procedure of its application. You understand that Pixifi is not liable or can be held responsible for any changes in third party applications and interoperability can be broken temporarily or permanently. These include but are not limited to plugins that interact with credit card processing, plugins that work with 3rd party websites or services, or any other vendors or services outside of Pixifi.
The Service is controlled and operated from its facilities in the United States. Pixifi makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and content from accidental loss and from unauthorized access, use, alteration, disclosure or destruction of data. This also includes physical security measures to guard against unauthorized access to systems where we store personal data. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and content for improper purposes. You acknowledge that you provide your personal information at your own risk. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Pixifi for all activities that occur under your account. We restrict access to personal information to Pixifi employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pixifi without restriction.
These Terms of Service shall be governed by the laws of the State of New Jersey without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of New Jersey for the purpose of resolving any dispute relating to your access to or use of the Service. If a lawsuit must be filed to collect whatever you owe on your account, you agree to pay our reasonable expenses, including attorneys' fees and court costs.