MMIB VENTURES INC. (“PIXEL TRUE”)
SUBSCRIBER AGREEMENT
LAST UPDATED AUGUST 23, 2022
1. PIXEL TRUE – WHAT DO WE DO?
WE PROVIDE SERVICES SUCH AS PROFESSIONAL GRAPHIC/UI DESIGN, ILLUSTRATION, ANIMATION, DEVELOPMENT AND OTHER WEB RELATED OFFERINGS.
2. TERMS AND CONDITIONS
BY USING ANY OF THE SOFTWARE, APPLICATIONS, OR WEBSITES (COLLECTIVELY, “SERVICES”) OFFERED BY PIXEL TRUE, YOU (AS THE ACCOUNT HOLDER) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE” OR “AGREEMENT”). PIXEL TRUE RESERVES THE RIGHT TO UPDATE AND CHANGE THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE CURRENT SERVICES, INCLUDING THE RELEASE OF NEW TOOLS AND RESOURCES, SHALL BE SUBJECT TO THIS AGREEMENT. CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGE(S) SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME AT https://www.pixeltrue.com/terms-of-service
VIOLATION OF ANY OF THE TERMS AND CONDITIONS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE PIXEL TRUE PROHIBITS CERTAIN CONDUCT WHILE USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT PIXEL TRUE CANNOT BE RESPONSIBLE FOR CONTENT POSTED BY YOU OR OTHER USERS OF THE SERVICES (USER CONTENT). YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK.
THESE TERMS SHOULD BE READ IN CONJUNCTION WITH THE PIXEL TRUE PRIVACY POLICY.
3. FEES AND PAYMENTS
(A) YOUR CREDIT CARD WILL BE CHARGED FOR ACCESS TO THE SERVICES IN ADVANCE ON A RECURRING MONTHLY OR YEARLY BASIS DEPENDING ON WHICH SERVICE YOU HAVE SELECTED. A FULL REFUND FOR THE UNUSED MONTHS ON THE ANNUAL PLAN MAY BE ISSUED IF A REFUND HAS BEEN REQUESTED OR THE ACCOUNT HAS BEEN CANCELED WITHIN THE TRIAL’S EXPIRATION DATE. A 50% REFUND AND CREDIT TOWARDS YOUR ACCOUNT WITH PIXEL TRUE MAY BE ISSUED IF THE ANNUAL PLAN IS CANCELED OR A REFUND HAS BEEN REQUESTED VIA EMAIL WITHIN 2 WEEKS OF INITIAL PURCHASE AND THE TOTAL NUMBER OF HOURS OF SERVICE PROVIDED DOES NOT EXCEED 40. THIS ACCOUNT CREDIT HAS NO EXPIRY DATE AND CAN BE USED TOWARDS ANY PLAN WITH PIXEL TRUE. NO REFUNDS WILL BE ISSUED IF THE ANNUAL PLAN WAS ACTIVE FOR MORE THAN TWO WEEKS. THIS REFUND POLICY DOES NOT APPLY TO ANY ADVERTISING CHARGES, FULLY MANAGED SERVICES OR ANY SPECIAL PRICING PLANS OR DISCOUNTS. THERE ARE NO REFUNDS ON FULLY MANAGED PLANS AND SERVICES. MONTHLY SUBSCRIPTIONS ARE ONLY SUBJECT TO REFUNDS ON THE FIRST 14 DAYS OF THE FIRST MONTHLY SUBSCRIPTION.
(B) IF YOU SIGN UP FOR A FREE TRIAL OF A PIXEL TRUE ACCOUNT, AND YOU DO NOT CANCEL THAT ACCOUNT BEFORE THE EXPIRATION OF THE FREE TRIAL PERIOD, YOUR CREDIT CARD WILL BE BILLED STARTING ON THE DAY AFTER YOUR TRIAL PERIOD EXPIRES FOR THE FULL AMOUNT OWING. PIXEL TRUE RESERVES THE RIGHT TO CHARGE YOUR CREDIT CARD FOR AMOUNTS OWING IN LESS THAN THE TOTAL AMOUNT OWING UNTIL THE FULL AMOUNT HAS BEEN CHARGED. IF YOU CANCEL THE SERVICES AS PROVIDED FOR HEREIN PRIOR TO THE PROCESSING OF YOUR FIRST AMOUNT OWING, YOUR CREDIT CARD WILL NOT BE CHARGED.
(C) ALL CHARGES ARE EXCLUSIVE OF APPLICABLE FEDERAL, PROVINCIAL, STATE, LOCAL OR OTHER GOVERNMENTAL SALES, GOODS AND SERVICES, HARMONIZED OR OTHER TAXES, FEES OR CHARGES NOW IN LAW OR ENACTED OR ENFORCED IN THE FUTURE.
(D) FOR ANY UPGRADE OR DOWNGRADE IN PLAN LEVEL, YOUR CREDIT CARD WILL AUTOMATICALLY BE CHARGED THE NEW RATE ON YOUR NEXT BILLING CYCLE. DOWNGRADING YOUR SERVICES MAY CAUSE YOU TO LOSE ACCESS TO CERTAIN CONTENT OR FEATURES AND PRICING OF YOUR ACCOUNT OR THE SERVICES. PIXEL TRUE DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
(E) PRICES OF ALL SERVICES, INCLUDING BUT NOT LIMITED TO MONTHLY SUBSCRIPTION PLAN FEES FOR SERVICES, ARE SUBJECT TO CHANGE UPON 30 DAYS NOTICE FROM US. SUCH NOTICE MAY BE PROVIDED AT ANY TIME BY POSTING THE CHANGES TO THE PIXEL TRUE WEB SITE (WWW.PIXELTRUE.COM) OR SUCH OTHER METHOD AS CHOSEN BY PIXEL TRUE AND/OR VIA A SOFTWARE APPLICATION WE OFFER.
(F) PIXEL TRUE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF ANY OF THE SERVICES. BY UTILIZING THE SERVICES OF THIS AGREEMENT YOU ACCEPT THE TERMS HEREIN AND AGREE TO WAIVE YOUR RIGHT TO FILE A CLAIM FOR LOSSES, DAMAGES, ETC. AGAINST PIXEL TRUE AND ITS AFFILIATES FOR ANY SUCH CHANGES.
(G)UNLESS OTHERWISE STATED, ALL CHARGES ARE IN U.S. DOLLARS, AND ALL PAYMENTS MUST BE MADE IN U.S. CURRENCY.
(H) IF YOU ARE A RESIDENT OF THE COUNTRY OF CANADA, YOU ARE RESPONSIBLE FOR ALL APPLICABLE TAXES THAT ARISE FROM OR AS A RESULT OF YOUR SUBSCRIPTION TO OR PURCHASE OF PIXEL TRUE’S PRODUCTS AND SERVICES. THESE TAXES ARE BASED ON THE RATES APPLICABLE TO THE CANADIAN BILLING ADDRESS YOU PROVIDE TO US. SUCH TAX AMOUNTS ARE IN ADDITION TO THE CHARGES FOR SUCH PIXEL TRUE PRODUCTS AND SERVICES AND WILL BE BILLED TO YOUR PROVIDED CREDIT CARD. IF YOU ARE EXEMPT FROM THE PAYMENT OF SUCH TAXES, YOU MUST PROVIDE US WITH AN ORIGINAL CERTIFICATE THAT SATISFIES APPLICABLE LEGAL REQUIREMENTS ATTESTING TO TAX-EXEMPT STATUS. TAX EXEMPTION WILL ONLY BE APPLIED FROM AND AFTER THE DATE WE RECEIVE SUCH A CERTIFICATE.
4. GRANT OF A LIMITED LICENSE TO USE THE SERVICES
SUBJECT TO YOUR AGREEMENT AND CONTINUING COMPLIANCE WITH THIS AGREEMENT AND ANY OTHER RELEVANT PIXEL TRUE POLICIES, SUCH AS THE PIXEL TRUE PRIVACY POLICY (INCORPORATED BY REFERENCE), PIXEL TRUE GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE, NON-SUBLICENSABLE LICENSE RIGHT TO THE CONTENT CREATED FOR YOUR ACCOUNT.
YOU ACKNOWLEDGE THAT IN PROVIDING THE SERVICES, PIXEL TRUE USES DOCUMENTS, SOFTWARE AND OTHER WORKS OF AUTHORSHIP, AND OTHER TECHNOLOGY, SOFTWARE, HARDWARE, PRODUCTS, PROCESSES, ALGORITHMS, USER INTERFACES, KNOW-HOW AND OTHER TRADE SECRETS (COLLECTIVELY THE PIXEL TRUE TECHNOLOGY) AND THAT THE PIXEL TRUE TECHNOLOGY IS COVERED BY INTELLECTUAL PROPERTY RIGHTS OWNED OR LICENSED BY PIXEL TRUE. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO LICENSE OR OTHER RIGHTS IN THE PIXEL TRUE TECHNOLOGY ARE GRANTED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE EXPRESSLY RESERVED. YOU AGREE NOT TO MODIFY, CREATE DERIVATIVE WORKS OF, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE THE SERVICES OR OTHERWISE RECREATE OR GAIN ACCESS TO THE SOURCE CODE OF THE SERVICES.
YOU FURTHER AGREE NOT TO (I) LICENSE, SUBLICENSE, TRANSFER, ASSIGN, DISTRIBUTE, OR OTHERWISE COMMERCIALLY EXPLOIT; OR (II) ACCESS THE SERVICES IN ORDER TO (A) BUILD A COMPETITIVE PRODUCT OR SERVICE, (B) BUILD A PRODUCT USING SIMILAR IDEAS, FEATURES, FUNCTIONS OR GRAPHICS OR (C) COPY ANY IDEAS, FEATURES FUNCTIONS OR GRAPHICS OF THE SERVICES.
5. CANCELLATION AND TERMINATION
(A) YOU ARE SOLELY RESPONSIBLE FOR PROPERLY CANCELLING YOUR ACCOUNT. AN EMAIL OR PHONE REQUEST TO CANCEL YOUR ACCOUNT SHALL BE CONSIDERED CANCELLATION OF YOUR ACCOUNT OR TERMINATION OF THE TERMS OF THIS AGREEMENT.
(B) IF YOU CANCEL THE SERVICES BEFORE THE END OF YOUR CURRENT PAID UP MONTH, YOUR CANCELLATION WILL TAKE EFFECT AT THE END OF YOUR CURRENT BILLING CYCLE. THE PIXEL TRUE DESIGNS WILL REMAIN FUNCTIONAL THROUGH THE END OF YOUR CURRENT MONTHLY BILLING PERIOD.
(C) PIXEL TRUE, IN ITS SOLE DISCRETION, HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES, OR ANY OTHER PIXEL TRUE SERVICES, FOR ANY REASON AT ANY TIME. SUCH TERMINATION OF SERVICES WILL RESULT IN THE DEACTIVATION OR DELETION OF YOUR ACCOUNT WITH NO REFUND, OR YOUR ACCESS TO YOUR ACCOUNT, AND THE FORFEITURE AND RELINQUISHMENT OF ALL USER CONTENT IN YOUR ACCOUNT. PIXEL TRUE RESERVES THE RIGHT TO REFUSE TO PROVIDE ANY OF THE SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.
(D) TO QUALIFY FOR OUR 7 DAY REFUND OFFER:
MUST CREATE AT LEAST 1 PROJECT.
MUST PROVIDE FEEDBACK AND ALLOW OUR DESIGNERS AT LEAST 2 ATTEMPTS TO CORRECT ANY ISSUES.
YOU ALSO MUST CLARIFY IN WRITING THAT YOU WILL NOT USE THE ASSETS ALREADY DELIVERED.
AS THIS IS A CUSTOM DESIGN SERVICE, WE ARE COMMITTING HOURS OF DESIGN TIME. AS A RESULT, IF THE DESIGN HOURS USED EXCEED 5 HOURS, WE WILL PRO RATE THE REFUND BASED ON HOURS USED.
6. COPYRIGHT AND CONTENT OWNERSHIP
(A) ALL USER CONTENT POSTED ON THE SERVICES MUST COMPLY WITH CANADIAN COPYRIGHT LAW. YOU ARE RESPONSIBLE FOR ADHERING TO OUR COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS LOCATED AT THE BOTTOM OF THIS PAGE.
(B) WE CLAIM NO INTELLECTUAL PROPERTY RIGHTS OVER THE MATERIAL OR CONTENT YOU SUBMIT, POST OR DISPLAY, ON OR THROUGH THE SERVICES. YOUR ACCOUNT INFORMATION AND THE MATERIALS OR CONTENT YOU UPLOAD WHILE USING THE SERVICES REMAIN YOURS. BY USING OUR SERVICES TO PUBLISH A PAGE, PROMOTION OR PROFILE ON FACEBOOK OR ANOTHER SOCIAL MEDIA SITE, AND AGREEING TO THESE TERMS OF SERVICE, YOU GRANT PIXEL TRUE THE NON-EXCLUSIVE RIGHT AND LICENSE TO USE CAPTURED IMAGES AND OTHER DATA, INCLUDING BUT NOT LIMITED TO LOGOS AND BUSINESS NAMES FROM YOUR PAGE OR PROFILE FOR PROMOTIONAL OR MARKETING PURPOSES. IF YOU HAVE SIGNED UP TO USE PIXEL TRUE SERVICES, YOU ALSO GRANT PIXEL TRUE THE RIGHT TO USE YOUR COMPANY LOGO FOR THE SAME MARKETING PURPOSES, EVEN WHEN YOU HAVE ONLY SUBMITTED YOUR COMPANY NAME AND NOT THE LOGO. BY GRANTING THIS RIGHT YOU AGREE THAT PIXEL TRUE AND ITS AFFILIATES HAVE A LICENSE TO USE THIS MATERIAL OR CONTENT FOR THE SOLE PURPOSE SET FORTH IN THIS SECTION. IN ADDITION, BY SETTING YOUR PAGES TO BE SHARED PUBLICLY, YOU AGREE TO ALLOW OTHERS TO VIEW AND SHARE YOUR USER CONTENT.
(C) PIXEL TRUE DOES NOT PRE-SCREEN USER CONTENT, BUT PIXEL TRUE AND ITS DESIGNEE(S) HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE OR REMOVE ANY USER CONTENT THAT IS AVAILABLE VIA THE SERVICES.
(D) UNLESS WRITTEN PERMISSION IS PROVIDED BY PIXEL TRUE, NOTHING IN THIS AGREEMENT GIVES YOU A RIGHT TO USE ANY OF PIXEL TRUE TRADE NAMES, TRADEMARKS, SERVICES MARKS, LOGOS, DOMAIN NAMES, OR OTHER DISTINCTIVE BRAND NAMES.
(E) PIXEL TRUE IS THE COPYRIGHT OWNER OF ALL CONTENT ON THE WWW.PIXELTRUE.COM SITE AND/OR ANY OF DOMAIN NAMES THAT IS REGISTERED BY MMIB VENTURES INC. ALL RIGHTS RESERVED. YOU MAY NOT DUPLICATE, COPY, OR REUSE ANY PORTION OF THE HTML/CSS OR VISUAL DESIGN ELEMENTS OF THE WWW.PIXELTRUE.COM AND/OR ANY OF DOMAIN NAMES THAT IS REGISTERED BY MMIB VENTURES INC. WITHOUT EXPRESS WRITTEN PERMISSION FROM PIXEL TRUE.
(F) BY DEFAULT, YOU AGREE TO PROVIDE PIXEL TRUE WITH A NON-EXCLUSIVE RIGHT AND LICENSE TO PUBLISH YOUR WORK IN OUR PORTFOLIO, SOCIAL MEDIA OR OTHER COMMUNICATION EFFORTS. IF YOU WOULD LIKE TO REVOKE THIS RIGHT, PLEASE NOTIFY OUR TEAM IN WRITING TO SUPPORT@PIXELTRUE.COM.
7. NOTIFICATION OF COPYRIGHT INFRINGEMENT CLAIMS
PIXEL TRUE WILL PROCESS AND INVESTIGATE PROPER NOTICES OF ALLEGED COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT RELATED TO MATERIAL ON ITS WEBSITES OR SERVERS AND WILL RESPOND APPROPRIATELY WHERE APPROPRIATE, AND REGARDLESS OF THE MERITS OF THE ALLEGED INFRINGEMENT, OUR RESPONSE MAY INCLUDE REMOVING OR DISABLING ACCESS TO MATERIAL CLAIMED TO BE THE SUBJECT OF INFRINGING ACTIVITY. IF WE REMOVE OR DISABLE ACCESS IN RESPONSE TO SUCH A NOTICE, WE MAY NOTIFY THE OWNER OR ADMINISTRATOR OF THE AFFECTED SITE OR CONTENT SO THAT HE OR SHE CAN MAKE A COUNTER NOTIFICATION. PIXEL TRUE WILL, FOLLOWING APPROPRIATE INVESTIGATION, TERMINATE OR DISABLE ACCESS BY REPEAT INFRINGERS.
MISREPRESENTATIONS MADE IN YOUR NOTICE REGARDING WHETHER MATERIAL OR ACTIVITY IS INFRINGING MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). ACCORDINGLY, IF YOU ARE NOT SURE WHETHER MATERIAL AVAILABLE ONLINE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY.
BY EMAIL:
SUPPORT@PIXELTRUE.COM
BY MAIL:
MMIB VENTURES INC.
350 - 10524 KING GEOGE BLVD.
SURREY, BC V3T 2X2
8. PIXEL TRUE PRIVACY POLICY
THIS PRIVACY POLICY (POLICY) IS INCORPORATED BY REFERENCE INTO THE PIXEL TRUE TERMS OF SERVICE. IT DESCRIBES WHAT TYPES OF INFORMATION WE COLLECT AND WHAT WE DO WITH IT. PLEASE SEE WWW.PIXELTRUE.COM/PRIVACY-POLICY FOR MORE DETAILS.
ANY QUESTIONS ABOUT THIS PRIVACY POLICY SHOULD BE ADDRESSED TO SUPPORT@PIXELTRUE.COM BY MAIL AT: MMIB VENTURES INC., 350-10524 KING GEORGE BLVD, SURREY, BC, V3T 2X2.
9. TYPES OF INFORMATION WE COLLECT AND WHAT WE DO WITH IT
WHEN YOU REGISTER FOR THE SERVICES WE ASK FOR INFORMATION SUCH AS YOUR NAME, COMPANY NAME, EMAIL ADDRESS, BILLING ADDRESS, AND CREDIT CARD INFORMATION. IF YOU SIGN UP FOR A FREE TRIAL ACCOUNT, YOU WILL BE REQUIRED TO ENTER A CREDIT CARD NUMBER SO THAT WE CAN AUTHENTICATE YOUR IDENTITY.
WE CAPTURE YOUR COMPANY NAME AND LOGO FOR MARKETING PURPOSES.
WE COLLECT THE E-MAIL ADDRESSES OF THOSE WHO COMMUNICATE WITH US VIA E-MAIL, AGGREGATE INFORMATION ON WHAT PAGES VISITORS TO OUR WEB SITE(S) ACCESS OR VIEW, AND INFORMATION VOLUNTARILY PROVIDED TO US (SUCH AS SURVEY INFORMATION AND/OR ACCOUNT REGISTRATION INFORMATION).
THE INFORMATION WE COLLECT IS USED TO IMPROVE THE CONTENT OF OUR WEB PAGES AND THE QUALITY OF OUR SERVICES, AND IS NOT SHARED OR SOLD TO THIRD PARTIES FOR COMMERCIAL PURPOSES, EXCEPT TO PROVIDE PRODUCTS OR SERVICES YOU’VE REQUESTED, WHEN WE HAVE YOUR PERMISSION, OR UNDER THE FOLLOWING CIRCUMSTANCES;
IT IS NECESSARY TO SHARE INFORMATION IN ORDER TO INVESTIGATE, PREVENT, OR TAKE ACTION REGARDING ILLEGAL ACTIVITIES, SUSPECTED FRAUD, SITUATIONS INVOLVING POTENTIAL THREATS TO THE PHYSICAL SAFETY OF ANY PERSON, VIOLATIONS OF TERMS OF SERVICE, OR AS OTHERWISE REQUIRED BY LAW.
WHEN A CUSTOMER ENTERS A PROMOTION OR INTERACTS WITH A SOCIAL APPLICATION AND AGREES TO ALLOW PIXEL TRUE TO ACCESS THEIR 3rd Party application INFORMATION, PIXEL TRUE COLLECTS THIS DATA AND PRESENTS IT TO THE RESPECTIVE ACCOUNT HOLDERS IN THE FORM OF ANALYTICS WHICH THE RESPECTIVE ACCOUNT HOLDER CAN USER TO REMARKET OR EMAIL TO THIS CUSTOMER.
IN THE EVENT OF MERGER, ACQUISITION, OR NAME CHANGE PIXEL TRUE RESERVES THE RIGHT TO ASSIGN THE TERMS OF THIS AGREEMENT TO SUCH NEW PARTY. PIXEL TRUE MAY PROVIDE YOU WITH NOTICE OF SUCH ASSIGNMENT VIA THE EMAIL ADDRESS PROVIDED IN YOUR ACCOUNT INFORMATION. YOU MAY NOT ASSIGN THIS AGREEMENT WITHOUT THE WRITTEN PERMISSION OF PIXEL TRUE.
10. COOKIES
WE MAY USE COOKIE TECHNOLOGY TO TRACK OR RECORD INFORMATION ABOUT OUR WEBSITE VISITORS. A COOKIE IS A SMALL AMOUNT OF DATA, WHICH OFTEN INCLUDES AN ANONYMOUS UNIQUE IDENTIFIER, WHICH IS SENT TO YOUR BROWSER FROM A WEBSITE’S COMPUTERS AND STORED ON YOUR COMPUTER’S HARD DRIVE. WE REQUIRE THE USE OF COOKIE TECHNOLOGY SO THAT WE CAN PRESENT THE CORRECT INFORMATION TO USERS AS THEY MOVE FROM ONE SCREEN TO ANOTHER.
WE MAY USE COOKIES TO RECORD CURRENT SESSION INFORMATION, BUT THEY ARE NOT USED TO RECORD PERSONAL INFORMATION, OR TO ASSOCIATE PERSONAL INFORMATION WITH THE USE OF OUR SERVICES. IF YOU DISABLE YOUR WEB BROWSERS ABILITY TO ACCEPT COOKIES YOU WILL BE ABLE TO BROWSE THE WEB SITE BUT YOU WILL NOT BE ABLE TO SUCCESSFULLY USE OUR SERVICES.
11. DATA STORAGE
PIXEL TRUE USES THIRD PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO RUN PIXEL TRUE. ALTHOUGH PIXEL TRUE OWNS THE CODE, DATABASES, AND ALL RIGHTS TO ANY PIXEL TRUE APPLICATION, YOU RETAIN ALL RIGHTS TO YOUR PERSONAL INFORMATION.
12. DISCLOSURE
PIXEL TRUE MAY DISCLOSE YOUR PERSONAL INFORMATION UNDER SPECIAL CIRCUMSTANCES, SUCH AS TO COMPLY WITH SUBPOENAS OR IF YOUR ACTIONS VIOLATE THE TERMS OF SERVICE.
13. CHANGES
WE MAY USE CUSTOMER AND ACCOUNT HOLDER DATA FOR NEW, UNANTICIPATED USES NOT PREVIOUSLY DISCLOSED IN OUR PRIVACY NOTICE. WE MAY PERIODICALLY UPDATE THIS POLICY FROM TIME TO TIME. TO KEEP UP-TO-DATE WITH PIXEL TRUE’S POLICY, PLEASE CHECK ITS PRIVACY POLICY PAGE PERIODICALLY. UPON REQUEST WE MAY PROVIDE SITE VISITORS WITH ACCESS TO INFORMATION THAT WE HAVE COLLECTED AND THAT WE MAINTAIN ABOUT THEM. UPON REQUEST WE OFFER VISITORS THE ABILITY TO HAVE INACCURACIES CORRECTED IN CONTACT INFORMATION. YOU CAN HAVE THIS INFORMATION CORRECTED BY CONTACTING PIXEL TRUE. YOU CAN ELECT TO OPT OUT AT ANY TIME.
14. ASSIGNMENT
THE RIGHTS WHICH ACCRUE TO PIXEL TRUE UNDER THIS AGREEMENT SHALL PASS TO ITS SUCCESSORS OR ASSIGNS. THE RIGHTS OF THE SUBSCRIBER CANNOT BE ASSIGNED.
15. TERMINATION OF AGREEMENT
YOU AND PIXEL TRUE MAY TERMINATE THESE TERMS AND YOUR USE OF THE PIXEL TRUE PRODUCT AND SERVICES AT ANY TIME. IF YOU TERMINATE YOUR USE OF THE PIXEL TRUE SERVICES, AND IF APPLICABLE, YOU MUST PAY THE FEES APPLICABLE FOR THE BALANCE OF THE THEN CURRENT BILLING PERIOD. WHEN YOUR PIXEL TRUE ACCOUNT IS TERMINATED, YOUR USER CONTENT WILL, SHORTLY THEREAFTER, NOT APPEAR ON THE PIXEL TRUE PRODUCT AND SERVICES, EXCEPT FOR USER CONTENT SUBMITTED TO OUR BLOG, WHICH MAY REMAIN ON THE PIXEL TRUE PRODUCT AND SERVICES AFTER TERMINATION. YOU ACKNOWLEDGE AND AGREE THAT PIXEL TRUE HAS NO OBLIGATION TO MIGRATE OR PROVIDE ASSISTANCE IN MIGRATION OF DATA FROM PIXEL TRUE. NOTWITHSTANDING THE FOREGOING, PIXEL TRUE SUPPORT MAY HELP USERS WITH THE TRANSFER OF ANY STORED DATA UPON REQUEST.
16. USE OF PIXEL TRUE PRODUCT AND SERVICES
BY USING ANY INTERACTIVE AREAS, YOU EXPRESSLY AGREE NOT TO POST, UPLOAD TO, TRANSMIT, DISTRIBUTE, STORE, CREATE, OR OTHERWISE PUBLISH THROUGH THE PIXEL TRUE PRODUCT AND SERVICES ANY OF THE FOLLOWING:
17. PROVIDING A RELIABLE AND SECURE SERVICE
PIXEL TRUE STRIVES TO OFFER AND MAINTAIN A RELIABLE AND SECURE ENVIRONMENT FOR YOUR DATA. THE INTERNET IS AN INHERENTLY INSECURE MEDIUM, AND THE RELIABILITY OF HOSTING SERVICES CANNOT BE ASSURED. WHEN YOU USE THE PIXEL TRUE PRODUCT AND SERVICES, YOU ACCEPT THESE RISKS, AND THE RESPONSIBILITY FOR CHOOSING TO USE A TECHNOLOGY THAT DOES NOT PROVIDE PERFECT SECURITY OR RELIABILITY. IN PARTICULAR, ACCOUNT HOLDERS WHO CHOOSE TO PROVIDE CREDIT CARD INFORMATION ON THIS PIXEL TRUE PRODUCT AND SERVICES ACCEPT THESE RISKS TO THE SECURITY OF THAT CREDIT CARD INFORMATION. ULTIMATELY, CREDIT CARD DATA IS PROVIDED BY ACCOUNT HOLDERS AND ACCOUNT HOLDERS ARE RESPONSIBLE FOR ITS PROTECTION.
18. LINKS TO THIRD PARTY PRODUCT AND SERVICES
THE PIXEL TRUE PRODUCT AND SERVICES CONTAINS LINKS TO THIRD-PARTY WEB SITES (“THIRD-PARTY PIXEL TRUE PRODUCT AND SERVICES”) AND THIRD-PARTY CONTENT (“THIRD-PARTY CONTENT”) AS A SERVICE TO THOSE INTERESTED IN THIS INFORMATION. THIRD-PARTY PRODUCT AND SERVICES INCLUDE SOCIAL NETWORK PLATFORMS, SUBSCRIBER AND SPONSOR SITES, PAYMENT PROCESSORS AND OTHER PAYMENT INTERMEDIARIES THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE PIXEL TRUE PRODUCT AND SERVICES. YOU USE LINKS TO THIRD-PARTY PIXEL TRUE PRODUCT AND SERVICES, AND ANY THIRD-PARTY CONTENT OR SERVICE PROVIDED THERE AT YOUR OWN RISK. PIXEL TRUE DOES NOT MONITOR OR HAVE ANY CONTROL OVER, AND MAKES NO CLAIM OR REPRESENTATION REGARDING, THIRD-PARTY CONTENT OR THIRD-PARTY PRODUCT AND SERVICES.
19. WARRANTY DISCLAIMER
PIXEL TRUE TECHNOLOGIES PRODUCT AND SERVICES, THE CONTENT PROVIDED BY ALL SITES OWNED BY PIXEL TRUE ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM PIXEL TRUE OF ANY KIND, EITHER EXPRESS OR IMPLIED.
20. LIMITATION OF LIABILITY; INDEMNITY
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST PIXEL TRUE, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE PIXEL TRUE PRODUCT AND SERVICES.
21. APPLICABLE LAWS
THIS AGREEMENT SHALL BE GOVERNED, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA, CANADA. EACH PARTY AGREES THAT ANY LEGAL ACTION, PROCEEDING, CONTROVERSY OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT AND PROSECUTED ONLY IN A COURT OF LAW IN THE PROVINCE OF BRITISH COLUMBIA, CANADA, AND BY EXECUTION OF THIS AGREEMENT EACH PARTY HERETO SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND WAIVES ANY OBJECTION IT MIGHT HAVE BASED UPON IMPROPER VENUE OR INCONVENIENT FORUM.
22. PROHIBITED USAGE
YOU SPECIFICALLY ACKNOWLEDGE THAT PIXEL TRUE SHALL NOT BE LIABLE FOR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BY USING PIXEL TRUE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL THE REQUIREMENTS LISTED ABOVE, AND THAT YOU WON’T USE PIXEL TRUE IN AWAY THAT VIOLATES ANY LAWS OR REGULATIONS. PIXEL TURE MAY REFUSE SERVICE, CLOSE ACCOUNTS OF ANY USERS, AND CHANGE ELIGIBILITY REQUIREMENTS AT ANY TIME.
WE WON’T BE HELD LIABLE FOR ANY DELAYS OR FAILURE IN PERFORMANCE OF ANY PART OF THE SERVICE, FROM ANY CAUSE BEYOND OUR CONTROL. THIS INCLUDES, BUT IS NOT LIMITED TO, ACTS OF GOD, CHANGES TO LAW OR REGULATIONS, EMBARGOES, WAR, TERRORIST ACTS, RIOTS, FIRES,EARTHQUAKES, NUCLEAR ACCIDENTS, FLOODS, STRIKES, POWER BLACKOUTS, VOLCANIC ACTION, UNUSUALLY SEVERE WEATHER CONDITIONS, AND ACTS OF HACKERS OR THIRD-PARTY INTERNET SERVICE PROVIDERS.
23. PROHIBITED CONTENT
WEAPONS, AMMUNITION AND EXPLOSIVES
YOU CAN’T USE PIXEL TRUE TO PROMOTE THE FOLLOWING:
24. SOLICITATIONFOR EMPLOYMENT.
THE PARTIES AGREE THAT NEITHER PARTY AND THEIRASSOCIATED ENTITIES, SUB-CONTRACTORS OR THEIR EMPLOYEES WILL EMPLOYOR APPROACH FOR EMPLOYMENT, THE EMPLOYEES OR EX-EMPLOYEES OF THEOTHER PARTY, DURING THE TERM AND UNTIL A MINIMUM PERIOD OF SIX (6)MONTHS FOLLOWING THE TERMINATION OF THIS AGREEMENT.
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