Please read this agreement carefully to ensure that you understand each provision.
Our Service in a Snapshot. Pixsuit operates an online web to print saas platform and design services that empowers our users, members, artists, designers, photographers and others to design and print their media.
Eligibility. You may use the Service only if you can form a binding contract with Pixsuit, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Pixsuit. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the Pixsuit Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Pixsuit reserves all rights not expressly granted herein in the Service and the Pixsuit Content (as defined below). Pixsuit may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.
Your Pixsuit account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a Pixsuit account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Pixsuit with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Pixsuit immediately of any breach of security or unauthorized use of your account. Pixsuit will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Pixsuit your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Pixsuit usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Pixsuit servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, 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; (xiii) using any Pixsuit Content (as defined below), including any Pixsuit trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Pixsuit Content; (xiv) using the Service or any Pixsuit Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any Pixsuit trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Pixsuit trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Pixsuit; (xviii) using any Pixsuit Content to link to the Pixsuit website without the prior written consent of Pixsuit; or (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of Pixsuit.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Pixsuit Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Pixsuit prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Pixsuit may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Pixsuit in each instance.
You are solely responsible for your interactions with other Pixsuit Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Pixsuit shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Pixsuit does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, designs, and other content or information (any such materials a User submits, posts, displays, prints or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and be entirely responsible for—all such User Content.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Pixsuit reserves the right, but is not obligated, to reject and/or remove any User Content that Pixsuit believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the Indian Copyright Office, copyright.gov.in, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
a. Your User Content and Pixsuit’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
b. Pixsuit may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
c. There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
d. If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites or vectors and the like that are included in design programs, by uploading any such User Content to Pixsuit, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Pixsuit for the purposes set forth herein.
e. Your User Content is neither obscene, defamatory, nor otherwise objectionable.
f. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
g. You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Pixsuit.
h. If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
i. You will not engage in pay per click advertising using keywords which compete with Pixsuit’s own campaigns in order to promote your relationship with Pixsuit nor will you use or engage a third party on your behalf to use Pixsuit in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Pixsuit shall send you written notice of such claim, using the email address provided by you to Pixsuit, specifying the details of the claim as then known to Pixsuit. Pending the determination of such claim, Pixsuit may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Pixsuit.
Pixsuit takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Pixsuit shall not be liable for any damages you allege to incur as a result of User Content, Stock Media or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that Pixsuit may disclose such User Content to law enforcement or other government authorities.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, Use of the Pixsuit Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pixsuit under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Pixsuit does not waive any rights to use similar or related ideas previously known to Pixsuit, or developed by its employees, or obtained from sources other than you.
After Certain trial period, the services may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Pixsuit may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
You may cancel your Pixsuit account at any time if you have not opted for any monthly, semi-annually or annually packages: however there might not be any refund in such cases. You will get refund for any failed downloads in the system. In the event that Pixsuit suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
Pixsuit cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Pixsuit and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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 the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
To the maximum extent permitted by applicable law, in no event shall Pixsuit, its affiliates, agents, directors, employees, suppliers or 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, including without limitation, your submission of User Content or Stock Media. Under no circumstances will Pixsuit 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, Pixsuit 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 or 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 Pixsuit, its affiliates, agents, directors, employees, suppliers, 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 Pixsuit hereunder or `100.00, whichever is greater.
No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.
Notwithstanding anything to the contrary contained herein, Pixsuit shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Pixsuit 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.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from its facilities in the India. Pixsuit 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 all applicable Indian Laws and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the India.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pixsuit without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Pixsuit’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.