PixelOpen.COM Terms of Service

Effective Date: Oct 07, 2024.

PixelOpen.COM Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE UTILIZING THE SERVICES PROVIDED BY PIXELOPEN ("COMPANY"). THIS AGREEMENT ESTABLISHES THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR UTILIZATION OF VARIOUS WEBSITES OWNED AND OPERATED BY THE COMPANY, INCLUDING BUT NOT LIMITED TO THE VECTORIZER.AI WEBSITE AND DOMAIN NAME ("SITES"), ALONG WITH ANY ADDITIONAL FEATURES, CONTENT, OR APPLICATIONS PROVIDED BY THE COMPANY FROM TIME TO TIME IN ASSOCIATION WITH THEM (COLLECTIVELY REFERRED TO AS THE "SERVICE"). YOUR USE OF THE SITES OR SERVICE IN ANY MANNER, SUCH AS VISITING OR BROWSING THE SITES, CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT IS APPLICABLE TO ALL USERS OF THE SITES OR SERVICE.

Acceptance of Terms

The Service is offered conditional upon acceptance, without any modification, of all the terms and conditions outlined herein (collectively referred to as the "Terms of Use"), as well as any other operating rules, policies, and procedures that may be published on the Sites by the Company from time to time. Furthermore, certain services offered through the Service may be subject to additional terms and conditions that may be issued by the Company periodically. Your utilization of such services will be governed by those supplementary terms and conditions, which are deemed to be incorporated into these Terms of Use by reference.

The Service is available only to corporations and to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use

The Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or to alter, suspend, or terminate the Service (including, but not limited to, the availability of any feature, database, or content) at any time by publishing a notice on the Sites or by sending you an email. The Company may also impose restrictions on certain features and services or limit your access to parts or all of the Service without prior notice or liability. It is your responsibility to periodically review the Terms of Use for any updates. Your continued use of the Service after any modifications to the Terms of Use have been posted signifies your acceptance of those changes.

Registration

As a prerequisite for using certain parts of the Service, you must register with the Company and provide a valid email address ("Company User ID") along with a chosen password. You are required to furnish the Company with accurate, comprehensive, and updated registration details. Registering for multiple accounts is prohibited. If you need to update your email address, please contact the Company using the options provided on the Website. Failing to adhere to these guidelines will constitute a breach of the Terms of Use, which may lead to the immediate termination of your Company account. You must not: (i) Choose or utilize as a Company User ID an email address belonging to another individual with the intention of impersonating them. (ii) Use as a Company User ID an email address that is subject to the rights of someone other than yourself without the appropriate authorization. (iii) Use as a Company User ID an email address that is offensive, vulgar, or obscene in any way. (iv) Use as a Company User ID an email address where you are unable to receive emails. The Company reserves the right to deny registration or cancel a Company User ID at its sole discretion. You are solely accountable for any activity that occurs on your account and must keep your Company password confidential. You must never use or attempt to access another user's account without their explicit permission. If you become aware of any unauthorized use of your account or any other security breach related to your account, you must immediately notify the Company in writing.

Fees and Payment

The Company has the right to charge fees for specific features of the Service. If you decide to use these features, you agree to pay all applicable fees as outlined on the Sites related to those features. The Company reserves the right to update its pricing and introduce new charges at any time without prior notice. By continuing to use the Service, you accept any new or increased charges.

Third Party Sites

The Service may provide you with links to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Company and Site Content

You acknowledge that the Service includes Content provided by the Company or its partners, which is protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You agree to comply with all copyright notices, information, and restrictions associated with any Content accessed through the Service. You are prohibited from selling, licensing, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, creating derivative works from, or otherwise exploiting any Content or third-party submissions or other proprietary rights that are not owned by you, without the consent of the respective owners or other valid right, and in any way that violates any third-party right.

Private User Submissions

The Service may provide you with the ability to upload images or other data for processing ("Private User Submissions"). By uploading Private User Submissions to the Service, you:

• You hereby grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Private User Submissions as necessary to provide you with the Service. It is important to note that this license grant does not impact your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.

• represent and warrant that you own or otherwise control all rights to such Private User Submissions and that use of such Private User Submissions by Company will not infringe or violate the rights of any third party;

Partially Public User Submissions

The Service may provide you with the option of sharing or otherwise making partially public some or all of your Private User Submissions ("Partially Public User Submission"). By choosing to use such features you:

• acknowledge that you will be provided with Secret Information enabling access to the Partially Public User Submissions and that you are solely responsible for the care and safekeeping of such Secret Information.

• hereby do and shall grant Company a worldwide, non-exclusive, perpetual (except as indicated below), irrevocable (except as indicated below), royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Partially Public User Submissions as needed to provide any user who provides the Secret Information with the Services. You also hereby do and shall grant each user of the Sites and/or the Service who provides the Secret Information a non-exclusive license to access your Partially Public User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Partially Public User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your Partially Public User Submission(s), including the right to grant additional licenses to the material in your Partially Public User Submission(s), unless otherwise agreed in writing;

• represent and warrant that you own or otherwise control all rights to such Partially Public User Submissions and that disclosure and use of such Partially Public User Submissions by Company (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and

• understand that Company shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.

The Service may, at the Company's sole discretion, provide you with the option of revoking the partially public nature of your Partially Public User Submissions. Should you choose to exercise such option when provided, the Partially Public User Submission shall from that point be considered a Private User Submission.

User Submissions

Private, Partially Public and Public User Submissions are collectively referred to as User Submissions.

Use of Results Produced in the Use of the Service

The Service may provide you with derivative works of User Submissions ("Results"). The Company makes no claims to these Results, and you assume all responsibility and liability in the enabling of access to, download and subsequent use of them.

You shall not use the Results to decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms embodied in the Results, except to the limited extent applicable laws specifically prohibit such restriction.

Termination

Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Sites, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Company will not be liable for the security of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

General Content Disclaimer

The Content provided by or through the Service is provided as is. Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content.

By using the Service, you agree that Company shall not be responsible for (1) any Content, (2) any person's reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Integration and Severability

The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices

Unless otherwise indicated, the Terms of Use and all Content provided by Company are copyright © PixelOpen All rights reserved. The names of actual companies and products mentioned at the Sites may be the trademarks of their respective owners.