PIXLR
TERMS OF USE
  1. Acceptance of these Terms of Use
  2. By using or visiting the Pixlr website located at https://pixlr.com (“Pixlr”) or any Pixlr products and services provided to You from or through the Pixlr website (including Pixlr Market) or our online tools services such as Pixlr Pro, Pixlr Express, Pixlr X, Pixlr E, Pixlr Editor and such other products and services that may be introduced from time to time (collectively the “Services”). You signify Your agreement (whether on behalf of Yourself or the entity that You represent) to the terms and conditions (“Terms of Use”) herein and Pixlr’s Privacy Policy, Pixlr’s Cookie Policy, and the Pixlr’s License and Services Agreement which are incorporated herein by reference.

    If You do not agree to any of the terms in these Terms of Use, please do not access and/or use the Services.

    You must be thirteen (13) years old or older to use or access the Services, unless You are under thirteen (13) years old, Your use of the Services must be 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 thirteen (13) years old who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.

    Pixlr may, in its sole discretion, modify or revise these Terms of Use at any time, and You agree to such modifications or revisions by Your continual usage of the Services. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

  3. Services
  4. These Terms of Use set forth the legally binding terms and conditions that apply to all users of the Services, including users who contribute contents on the Services.

  5. Accounts
  6. In order to use certain features of the Services, You will need to register for an account (“Account”) and provide accurate and complete information. You represent that (a) all information submitted by You is truthful and accurate; and (b) You will maintain the accuracy of such information. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure. You must immediately notify Pixlr of any unauthorized use of Your Account or any breach of security. Pixlr will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for the losses of Pixlr due to such unauthorized use.

    You may delete Your Account at any time, for any reason, by following the instructions on the Service. Pixlr may terminate Your Account in the event You have breached these Terms of Use.

  7. Access to the Services
  8. Pixlr hereby grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Services, provided that:

    1. You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Services, or any content displayed on the Services without Pixlr prior written authorization;
    2. You shall not modify or alter any part of the Services;
    3. You shall not access the Services through any technology or means other than the technology provided on the Services, or other authorized means Pixlr may designate; and
    4. You shall not sell access to the Services, or sell advertising, sponsorships or promotions within the Services of the content on the Services without Pixlr’s prior written approval.

    Pixlr reserves the right at any time, to modify, suspend or discontinue the Services with or without notice to You. You agree that Pixlr will not be liable to You or to any third party for any modification, suspension or discontinuation of the Service. You further agree that Pixlr will have no obligation to provide You with any support or maintenance in connection with the Service.

    Unless otherwise indicated, any future release, update or other added functionality of the Services shall be subject to these Terms of Use.

    You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Services in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their content on the Services.

  9. Subscription
  10. Certain Services may be provided to You free-of-charge from time to time. Other Services require payment before You can access them. For example, the Services that may be accessed after payment are currently referred to as Pixlr Market and other products as may be introduced by Pixlr from time to time (“Paid Services”) which is subject to a payment of fee(s) as may be determined by Pixlr from time to time (“Fee”) which shall be made via credit card or such other payment method as accepted by Pixlr (“Payment Method”). Pixlr shall reserve the right to introduce further Paid Services from time to time at its own discretion. All Fees are quoted in United States Dollar (USD) unless otherwise specified by Pixlr. The Fee is exclusive of all taxes, which shall be borne by You.

    The subscription to the Paid Services is based on an auto-renewal basis whereby it will automatically be renewed upon the end of the application subscription period (i.e. monthly basis or annual basis) corresponding to the term of Your subscription.

    If we offer You a promotion (e.g. a promotional price) for Your subscription for the Paid Services, the specific terms of the promotion will be disclosed during Your sign-up or in other materials provided to You describing the particular promotion. In the case of promotional pricing, after Your promotion ends, we will begin billing You the regular price after the promotion ends unless You cancel prior to the end of the promotion or unless otherwise disclosed in communications made available to You.

    We reserve the right to change, amend, modify or vary the price, package and/or features of the Paid Services subscription plan(s). If we change the price and package of such subscription plan(s), we will give You notice in advance of these changes.

    We will use all reasonable effort to ensure that the pricing and information for our Services stated therein are accurate, however, there are possibilities due to genuine error that the information of our Service may be inaccurate or any of our Service may be priced wrongly. If such situations may arise, we reserve the right to take any appropriate action we deem necessary to rectify the same.

  11. Cancellation of Subscription and Account Deletion
    1. Cancellation of Subscription
    2. You can cancel Your subscription to the Paid Services at any time, and You will continue to have access to the Paid Services through the end of Your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds for any unused Paid Services.

      For cancellation purposes, You may cancel Your subscription by going to “My Account” and following the instructions as stated therein.

    3. Account Deletion
    4. You may also delete Your account by going to “My Account” and following the instructions for the deletion of Your account.

      Upon the closure of Your Account and under Your specific instruction for data erasure, we shall take all reasonable efforts to erase all data related to Your Account. We reserve the right to retain any data necessary under the applicable laws.

      Upon cancellation or discontinuance of Your subscription and account, You may continue to use any work previously produced, created or reproduced by You via the Services as of the date of cancellation or discontinuance, provided always that such use must be in compliance with these Terms of Use, the Licensing Agreement and any other relevant licensing agreements as may be imposed by us from time to time.

  12. Ownership
  13. You acknowledge that all trademarks, service marks, copyrights and logos (“Marks”) on the Services are owned by Pixlr or licensed to Pixlr. Neither these Terms of Use nor Your access to the Service transfers to You or any third party any rights, title or interest in or to such Marks, except as otherwise provided in these Terms of Use.

  14. Your Content
  15. “Your Content” means any and all information and content that You submit or use with the Services (including content found on Your profile or posts) and any derivative works which You have produced through the use of the Services.

    As the Account holder, You may submit Your Content on the Services. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.

    You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant Pixlr an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. You also agree that Your Content may be retained by us for a reasonable period of time for the purposes of: (i) improving or enhancing Pixlr products and the Services to You; (ii) analysing and measuring the effectiveness of Pixlr products, the Services (including our mobile applications); (iii) fulfilling contractual obligations; and for the (iv) compliance with legal obligations.

    You further agree that Pixlr is not responsible for the accuracy, currency, suitability, or quality of any user Content, whether provided by You or by other users. Any interaction between users are solely within the users and Pixlr will not be responsible for any loss or damage incurred as the result of such interactions.

  16. Third Party Links and Advertisements
  17. The Services may contain links to third party websites and/or advertisements for third parties. These websites and/or advertisements are not owned or controlled by Pixlr and Pixlr assumes no responsibility for the content, privacy policies, or practices of these websites and/or advertisements. In addition, Pixlr will not and cannot censor or edit the content of any third-party website and/or advertisements. By using the Services, You acknowledge and agree that Pixlr shall not be responsible for Your use of any third-party website and/or advertisements. Your use of all third-party websites and/or advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third-party websites and/or advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any such third-party websites and/or advertisements.

  18. Intellectual Property Rights
  19. You further agree that You are obtaining only a limited license to use and access the Service expressly set forth in these Terms of Use and that no ownership rights are being conveyed to You. Pixlr retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services, all related and underlying technology and documentation, and any derivative works or modifications. Further, You agree that the Services is offered as an on-line, hosted solution, and that You have no right to obtain a copy of any code underlying the Services. You may submit comments, questions, suggestions or other feedback relating to Pixlr (“Feedback”) and You agree that Pixlr may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions You provide to Pixlr regarding the Services, without any obligation, royalty or restriction based on intellectual property rights or otherwise.

  20. Copyright Infringement
  21. If You are a copyright owner or an agent thereof and believe that any Content on our Services infringes upon Your copyright and wish to have the alleged infringing material removed, You may submit a notification to us with the following information in writing at legal@pixlr.com:

    1. a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
    2. identification of the copyrighted work claimed to have been infringed;
    3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
    4. Information to enable us to contact You, such as an address, telephone number or email address;
    5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
    6. a statement that the information submitted in the notification is accurate, and under penalty of perjury, that You are the copyright owner, or a person authorized to act on behalf of the copyright owner.
  22. Aggregated Anonymous Data
  23. Notwithstanding anything to the contrary herein, You agree that Pixlr may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Services, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Services, and/or the development of other products or service capabilities. You further agree that Pixlr may disclose to third parties aggregate data derived from customer data or from any other data related to the Services (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws. Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by Pixlr from or with use of such data will be, in each case, the sole and exclusive property of Pixlr; and You hereby assign all of Your title and interest, if any, in and to such items to Pixlr without any fees and without rights to future royalties.

  24. Account Termination Policy
  25. Subject to this section, these Terms of Use will remain in full force and effect while using the Services. Pixlr will terminate Your access to the Services if, under appropriate circumstances, You are determined to be a repeat infringer.

    Pixlr reserves the right to decide whether Your Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. Pixlr may at any time, without prior notice and in its sole discretion, remove such content and/or terminate Your Account for submitting such material in violation of these Terms of Use.

  26. Warranty Disclaimer
  27. ALL PIXLR WEBSITE, CONTENT, TOOLS AND/OR SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PIXLR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PIXLR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PIXLR WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE PIXLR WEBSITE AND 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 SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. PIXLR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PIXLR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE PIXLR WEBSITE AND/OR SERVICES, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.

  28. Limitation of Liability
  29. IN NO EVENT SHALL PIXLR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU SPECIFICALLY ACKNOWLEDGE THAT PIXLR SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  30. Indemnity
  31. To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Pixlr, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) Your use of and access to the Services; (ii) Your violation of any of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Your violation of applicable laws or regulations; or (v) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms of Use and/or Your use of the Services. Pixlr reserves the right to assume the defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.

  32. Assignment
  33. The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Pixlr without restriction.

  34. Governing Law and Dispute Resolution
  35. This Agreement shall be governed by, and shall be construed in accordance with, the laws of Hong Kong. Any dispute, controversy or claim arising out of or relating to this Agreement, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.

  36. Entire Terms
  37. These Terms of Use constitutes the entire agreement between You and Pixlr regarding its subject matter. Should any provision of these Terms of Use be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms of Use will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision.

  38. Severability
  39. Unless as otherwise stated in these Terms of Use, should any provision of the these Terms of Use be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Use, and the application of that provision shall be enforced to the extent permitted by law.

  40. Language
  41. These Terms of Use is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms of Use, the English version shall prevail.

  42. Electronic Communications
  43. You agree that the communications between You and Pixlr uses electronic means. For contractual purposes, You (a) consent to receive communications from Pixlr in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pixlr provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.