PIXATIONIMAGES END USER LICENSE AGREEMENT (EULA)
Updated October 6, 2020
By accessing the PixationImages website you agree to be subject to the following terms:
All image content and associated metadata featured or displayed on the site is owned by or licensed to PixationImages and was created and is owned by third-party image sources. The web site design and functional elements as well as all images on the site are protected by copyright, trademark, and other intellectual property protection laws, and can only be used in accordance with the terms of this End User License Agreement (EULA).
Use of the PixationImages site
The PixationImages web site and its content are intended only for users of the PixationImages web site. You may not use the site or associated content for any purpose other than for your own personal, non-commercial use. As a user you may not, without the prior written approval of an officer of PixationImages: (1) copy, download, or re-transmit PixationImages content other than by linking to social media sites or by emailing or texting links as provided for on the PixationImages site; (2) manipulate or electronically transmit PixationImages images to third parties; (3) reverse engineer, alter, or modify any element of the site or content; (4) sell, license, or commercialize PixationImages content for personal gain. As a user you also agree that you will comply with all applicable national, state, and local laws and regulations for use of the PixationImages site and its associated images, including those laws relating to privacy and to the transmission of technical information and data exported from the United States or the country in which you reside.
Copyright Infringement and Trademarks
Consistent with the Digital Millennium Copyright Act ("DMCA") and other laws, PixationImages will enforce a policy of terminating, in appropriate circumstances and at PixationImages’ sole discretion, account holders who infringe the intellectual property rights of PixationImages, the content copyright owners, or any other party. Furthermore, PixationImages and the image copyright owners reserve the right to take all legal measures necessary to protect, defend, and demand damages for inappropriate use of images and other PixationImages intellectual property. These legal actions may include seeking injunctive relief and monetary damages from those who infringe.
The PixationImages logo and all other product or service marks and names within the site are trademarks of PixationImages and its partners, and may not be copied or used, in whole or in part, without the prior written consent of PixationImages or the applicable trademark holder. You may also not use metadata incorporating "PixationImages" or other names, trademarks, or product or service names of PixationImages without our prior written consent. Further, the look and feel of the PixationImages site may not be copied, imitated, or used without our prior written consent. All other trademarks, registered trademarks, product names and company names, or logos found in the site are the property of their respective owners.
In consideration for your right use of the PixationImages site, you agree to: (a) provide accurate, current, and complete information about yourself as may be requested within any registration forms on the site; (b) maintain and promptly update the registration data and any other information you provide to PixationImages to keep it accurate, current, and complete; (c) maintain the security of your password and user name; (d) notify PixationImages immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for all activities that occur under your account; and (f) accept all risks of unauthorized access to the registration data and any other information you provide to PixationImages.
The PixationImages site includes discussion forums and other interactive areas or services in which you and other users create, post, or store content that includes messages and comments. You are solely responsible for your use of such discussion forums and interactive areas and you hereby understand and agree that you use them at your own risk. By using any discussion forums or interactive areas, you hereby agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the PixationImages site any of the following:
- Communications, comments, data, information, text, music, sound, photos, images, graphics, code or other material that is unlawful, defamatory, libelous, obscene, pornographic, harmful to minors, indecent, lewd, harassing, threatening, invasive of privacy or public rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
- Content that would constitute, encourage, support, or provide instructions for any criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or contract right of any party. By posting any content in discussion forums or interactive areas, you represent and warrant that you have the lawful right to transmit, distribute, and reproduce such content;
- Content that impersonates any individual or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, advertising, political campaigning, spam, chain letters, pyramid schemes, or solicitations;
- Private information of any third party individual or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Digital viruses, corrupted data, or other harmful, disruptive, or destructive files; and
- Content that, in the sole judgment of PixationImages, is objectionable or which restricts or prevents any other person from using or enjoying the site, or which adversely affects the availability of the site’s resources to other users, or which may expose PixationImages to liability or harm of any type.
PixationImages assumes no responsibility or liability for any content posted or internet links within the site, content stored or uploaded by you or any third party, or for any loss or damage to such content. Likewise, PixationImages is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on the site. Your use of interactive areas on the site is at your own risk.
Applicable Law and Venue; Miscellaneous Provisions
Any dispute relating in any way to your use of the site or the PixationImages content shall be submitted to confidential arbitration according to the laws of Delaware in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate PixationImages' intellectual property rights, PixationImages may seek injunctive or other appropriate relief in federal court in the State of Utah, and you hereby consent to exclusive jurisdiction and venue in that court. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the EULA, whether through class arbitration proceedings or otherwise.
Any waiver of any provision of the EULA will be effective only if in writing and agreed to by PixationImages. If any clause in this EULA is found to be unenforceable, this will not affect any other clause and all others will remain in full force and effect. Any rights not expressly granted herein are reserved.
Disclaimer and Limitation of Liability
THE PIXATIONIMAGES SITE IS PROVIDED "AS IS" AND PIXATIONIMAGES AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AND AFFILIATES EXCLUDE ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PIXATIONIMAGES IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WE MAKE NO WARRANTY THAT THE SITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
IN NO EVENT SHALL PIXATIONIMAGES, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PIXATIONIMAGES’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PIXATIONIMAGES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PIXATIONIMAGES TO USE THE SITE.
Questions and Contact Information
Please contact us at email@example.com if you have any questions or comments about the site or site EULA.