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Pixlr Terms of Service

Last updated on 2010-10-07

Code Mine in Stockholm AB (“Pixlr,” “we,” “us,” and/or “our”) provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without prior notice to you. You can review the most current version of the TOS at any time by clicking on the link to the TOS displayed on the Service (as defined below). You are responsible for reviewing this TOS each time you use the Service. You shall be subject to this TOS whether you use the Service directly or through a third party site that links to the Service. Your continued use of the Service (whether directly or through a third party site that links to the Service) after any changes to this TOS constitutes your acceptance of the new TOS. In addition, when using certain services, you are subject to any additional guidelines or rules applicable to such services that may be posted on the Service from time to time, and all such guidelines or rules are hereby incorporated by reference into this TOS.

The Service

Your Content and Conduct

Rights to Content

Intellectual Property Rights

Interactions With Third Parties

Indemnity

You agree to indemnify and hold Pixlr (and our officers, directors, agents, affiliates, subsidiaries, investors and employees) harmless from any claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to your use of the Service, including without limitation any breach of this TOS or any Content edited, uploaded, posted, shared, emailed or otherwise transmitted or made available via the Service.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PIXLR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

PIXLR MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER RESULT THAT RESULTS. NO CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIXLR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PIXLR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF PIXLR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, FROM ANY CHANGES TO THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT PIXLR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, PIXLR SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CONTENT EDITED, UPLOADED, POSTED, SHARED, EMAILED OR OTHERWISE TRANSMITTED OR MADE AVAILABLE VIA THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PIXLR HAS ENTERED INTO THIS TOS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Termination

You agree that Pixlr, in its sole discretion, may terminate your account or your use of the Service and remove and discard any Content within the Service, for any reason or no reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service may be effected without prior notice, and you acknowledge and agree that Pixlr may immediately deactivate or delete your account and all related Content in your account and/or bar any further access to such Content. Further, you agree that Pixlr shall not be liable to you or any third party for any termination of your access to the Service or deletion of such Content.

General

This TOS constitutes the entire agreement between you and Pixlr and governs your use of the Service, superseding any prior agreements between you and Pixlr with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use third party Content, services or software. This TOS shall be governed by the laws of the State of California, USA, without regard to its conflict of law provisions. You and Pixlr agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California, USA. The failure of Pixlr to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this TOS are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Pixlr may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Service.

Questions? Concerns? Suggestions?
Please Contact Us to report any violations of this TOS or to ask any questions regarding this TOS or the Service. We are here to listen.