PIXELGRAM TERMS OF SERVICE
By using or accessing our Service you agree to be bound by these Terms. By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. Company reserves the right, in its sole discretion, modify or revise these Terms at any time. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service.
This Terms provides that all disputes between you and Company will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 7 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Company.
Company reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
You agree that Company may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.
You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
Subject to the Terms, Company grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each Service on a mobile device that you own or control for your use (the “License”).
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, information, software, and other files, and their selection and arrangement) are protected by law from unauthorized use.
You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any other way as provided by this Terms and functional features of the Service.
Company remains the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted by means of Service. You acknowledge that you do not acquire any ownership rights by using the Service or by modifying any materials of the Service, or any derivative works thereof.
Company grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the Service and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.
Company reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Service or any part thereof.
2. User Content
“User Content” of a user means any and all content that such user creates, uploads, distributes, or otherwise provides via Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate this Terms. Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
You agree not to use any Service in a way that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; that is tortious, trade libelous, defamatory, false, or intentionally misleading, that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, that is harmful to minors in any way; or that violates of any law, regulation, or contractual obligations.
By uploading, distributing, or otherwise using your User Content with any Service, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content on any Service.
Company reserves the right to remove and permanently delete any User Content from the Service with or without notice.
You agree to pay all fees and Service taxes incurred by you or anyone making purchases through the Service. Company may revise the pricing for the goods and services offered to you through the Service at any time. YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED FEATURES WHEN YOU CEASE TO USE THE SERVICE.
If you provide Company any feedback or suggestions (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
Company may terminate your access to and use of the Service, at Company`s sole discretion, at any time and without notice to you. Upon any termination all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
6. Responsibility of parties; Disputes
Mandatory Arbitration. Please read this Section carefully. YOU AND COMPANY, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Company, via any other method available to Company, including via e-mail. The Notice to Company must be addressed to Jiji Online Limited, Suites 41/42, Victoria House, 26 Main Street, Gibraltar, (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Company may commence an arbitration proceeding as set forth below or file a claim in small claims court.
Arbitration Proceeding. The arbitration will be in English. The Parties agree that any controversy or claim arising out of or relating to Terms, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Dispute Resolution Procedures, as modified by the ICDR Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org).
You and Company agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND COMPANY AGREE THAT YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
Equitable Relief. The foregoing provisions of this Section 8 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event Company or a third party breaches this Terms, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Company, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Terms.
Claims. You and Company agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Terms or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Improperly Filed Claims. All claims you bring against Company must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Company may recover attorneys’ fees and reimbursement of its costs, provided that Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Modifications. In the event that Company makes any future change to the “Mandatory Arbitration” paragraph set forth above (other than a change to Company’s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Company’s Arbitration Notice Address, in which case your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Terms.
7. Governing law
The laws of the State of California, excluding its conflicts of law rules, govern this Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
You agree to defend, indemnify and hold harmless Company (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any Service, (ii) your User Content, or (iii) your violation of this Terms. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Company, its officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Company makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service 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 the Service, (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 the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service 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.
10. Limitation liability
In no event will Company, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the Service jurisdiction. You specifically acknowledge that Company shall not be liable for user submissions 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.
If any provision of this Terms is, for any reason, held to be invalid or unenforceable, the other provisions of this Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
12. Entire Terms
JIJI ONLINE LIMITED
Address: Suites 41/42, Victoria House, 26 Main Street, Gibraltar, Gibraltar