1. Introduction and Acceptance
Welcome to Pixelarity! When we say "Pixelarity," "we," "us," or "our" we mean Vertex9 LLC, the owner and operator of the Pixelarity website (the "Website").
2. How the Website Works
- (b) In order to access or use some features of the Website and to purchase an access plan, you will have to become a registered user. You need to be 18 years or older to register for a Membership. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or guardian who is at least 18 years of age and this adult will be responsible for all your activities.
- (c) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and a randomized password will be automatically generated for you (a "Membership"). You are responsible for any use of the Website using your Membership and for safeguarding and maintaining the confidentiality of your Membership. You agree to notify us immediately at the address or phone number set forth on the Website of any breach of security or unauthorized use of your Membership.
- (d) Registering for a Membership will allow you to purchase an access plan, which will give you the right to license and download an unlimited number of digital templates and give you access to direct support from us for a certain period of time, depending on the plan purchased. Your license to use any downloaded templates will continue even after your subscription expires; you just won't have access to download additional templates or to receive support service from us unless you purchase a new access plan.
- (e) Except for any Tennessee or US sales taxes that we may be required to collect on any access plans purchased by you, you are responsible for paying all fees and taxes associated with your use of the Website wherever levied.
- (f) Given the nature of downloadable digital items, we do not generally offer refunds or credits on a purchase unless required by applicable law. If you would like to request a refund, Pixelarity will consider your request and may issue you a refund at Pixelarity's sole discretion. In the event a refund is issued, you shall immediately discontinue use of any downloaded templates as the Pixelarity License Agreement and your right to use them will immediately terminate upon the issuance of a refund. Any payment made to you will be made in US Dollars.
3. Intellectual Property
- (b) All other trademarks, service marks, trade names and trade dress are property of their respective owners.
4. Website Access and Use
5. Website Content & Third Party Links
Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content. The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
- (a) We do not intentionally collect personally identifiable information from children under the age of 13 and we ask that children under 13 not submit any personal information to us. If you are under the age of 18, you can browse the Website, but cannot register for a Membership without the consent of a parent or guardian. It is the responsibility of parents to monitor their children's use of our Website.
- (b) We respect your privacy. As a general policy, we do not automatically collect your personally identifiable information when you visit the Website. When you register for a Membership you will be asked to provide some information about yourself. Whether or not you provide this type of information is your choice; however, in many instances this information is required to realize a benefit we may offer or gain access to certain content on our Website.
- (c) Personal information provided by you to us may be used by us and contractors in connection with providing the Website services. The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products, or to communicate with you about content or other information you have posted or shared with us via the Website. In certain instances we may also share your personally identifiable information with our third party vendors performing functions on our behalf (e.g. vendors that process credit card orders). Our vendors agree to use this information, and we share information with them, only to carry out our requests. By voluntarily providing information to us when using the Website, you are consenting to the collection, use and disclosure of your personal information by us in the manner prescribed in this Section 6. You acknowledge this by using the Website. You may opt out of receiving future commercial correspondence from us by contacting us in writing via email.
- (d) We may automatically collect certain non-personally identifiable information from you when you access the Website. We use non-personally identifiable information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your non-personally identifiable information by itself or aggregate it with information we have obtained from others. We may share your non-personally identifiable information with third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you.
- (e) Like many websites, we use "cookies" and "web beacons" (also called "clear gifs" or "pixel tags") to obtain certain types of information when your web browser accesses our Website. Examples of information we collect and analyze in this manner include Internet Protocol (IP) address, computer connection information such as browser type and version, operating system, and your activities on our Website, including the products you view or search for as well as the URL you come from and go to next. It is important to note that cookies and web beacons that we use do not contain and are not tied to personally identifiable information about you. The anonymous data they collect is kept separate from the personal information in your Membership account. Other cookies are used to enhance your use of the Website, such as remembering that you are logged in. You are able to minimize or block cookies using the privacy settings in your internet browser, but this may restrict your use of the Website. For general information on cookies, see allaboutcookies.org.
- (i) We value your information. While we take reasonable precautions to preserve the security of your information, please be aware that we cannot promise that your use of our Website will be confidential, and we cannot promise that any information you provide to us is perfectly secure. While using our Website, you may also become aware of confidential information about us or another user. You promise not to disclose any confidential information made available to you through the Website to any other person.
- (j) Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, PIXELARITY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
9. Limitation On Liability
- (c) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
11. Choice Of Law; Jurisdiction And Venue
12. No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
13. No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
14. Amendment; Additional Terms
- (a) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.