This agreement defines the terms of use for the PixGL downloadable mobile software application, the Pix.GL web application and the PixGL.com website and other related applications (collectively the “Service” or “PixGL”). Your access and use of the Service is subject to the following terms and conditions (the “Service Terms of Use”) and all applicable laws. By accessing or using any portion of the Service, you accept, without limitation or qualification, these Service Terms of Use.
The Service is maintained by netomat, Inc., d/b/a PixGL, (“we”, “us”, “PixGL” or “netomat”) and includes the following: The PixGL downloadable mobile applications; the PixGL.com web site and community, text and image-based content created through the downloadable mobile application or the Pix.GL web application and which may subsequently be uploaded by you to PixGL and then shared by users via email, SMS, on other web sites, social media sites and services; email, text and other notifications and update alerts sent to you from the Service, your server space, and the provision of messaging, hosting, bandwidth, upload, download, processing, viewing and streaming services for your PixGL content.
Use of the Service: Your use of the Service is strictly subject to these Service Terms of Use. You may use the Service to upload, create, modify and transmit content so as to create unique multimedia communications in accordance with these Service Terms of Use (“PixGL Content”). You may use the Service solely for your own personal and non-commercial purposes.
Social Media Sharing: The Service may provide you with the ability to insert, link to or embed your PixGL content on third party web sites using applications or APIs provided by those third party web sites or via a flash-enabled and/or java-script-enabled applet which may automatically update as new content becomes available. The availability of these applications, APIs or Widgets is not a representation by PixGL regarding the content contained therein or the right to use these applications, APIs or Widgets or content therein on any third party web site or service. You are solely responsible for the content and use of the applications, APIs or Widgets and for strictly complying with the terms and conditions of any third party web site or service where your PixGL content is displayed.
PixGL may provide you with the ability to register, log into, post or embed your PixGL-created content on, “like” or otherwise interact with your account and the content on our website using your existing social media accounts, such as through Facebook Connect, Facebook “Like” buttons, your Twitter account and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not PixGL. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you via the PixGL application or Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.
User Licenses: PixGL does not claim ownership of any PixGL Content that you post on or through the Service. Instead, you hereby grant to PixGL a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the PixGL Content that you post on or through the Service, subject to the Service’s Privacy Policy.
Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PixGL may place such advertising and promotions on the Service or on, about, or in conjunction with your PixGL Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
User name and Password: In order to utilize certain portions of the Service, you may be required to register to become a user. Registration may occur through the PixGL.com mobile or web applications, a mobile web site or the web site. You must provide truthful information when signing up to become a user, and may not use any aliases or other means to mask your true identity. Your user name and password should be safeguarded at all times. You are responsible for the security of your user name and password and will be solely liable for any use or unauthorized use under such user name and password.
Payments: While the Service may be offered to you without the requirement to pay PixGL any fees, we reserve the right to require payment for certain Services in the future. You will have the option whether or not to use a paid portion of the Service. Should you choose to use a paid portion of the Service, PixGL shall proceed to charge you via the mobile application, via iTunes or another mobile app store, or where applicable, via a credit card. If you have accepted automatic billing or renewals, you authorize PixGL to automatically charge the appropriate amount during each payment period amount using the billing method you have previously provided without prior notification or obtaining additional authorization. Please note that we do not accept debit cards for automatic renewals. Notwithstanding the foregoing, your wireless carrier may change you for text messages, air time and other reasons in connection with your use of the Service. PixGL has no control over such charges, and you should check with your wireless carrier prior to using the Service.
Capacity Limits: We reserve the right to subject your account to a storage limit and a bandwidth transmission. Should we choose to do so, upon reaching the storage limit you may not be able to store additional PixGL Content until you delete or otherwise reduce your stored PixGL Content or purchase additional storage. Upon reaching the transmission limit in any month, you may not be able to transmit additional PixGL Content, and existing PixGL Content may not be viewed or retransmitted, until the next month or until you purchase additional transmission capacity.
Unauthorized Use: You may not exceed the permitted access to use the Service granted to you by PixGL. You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Service without our prior consent. You may not take any action to interfere with the Service or any other user’s use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service. PixGL is under no obligation to “pre-screen” or otherwise monitor any Service user or third-party postings to web sites, email or other communications created or transmitted through the Service and assumes no responsibility or liability arising from the content of any such materials. You acknowledge that PixGL and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or otherwise made available via the Service.
User Conduct: You may only use the Service for lawful purposes and in strict compliance with these Service Terms of Use. Examples of impermissible conduct through use of the Service include, but are in no way limited to, the following:
You may not use the Service to post, upload or transmit any message or content which:
- is abusive, hateful, inflammatory, harmful, tortuous, or racially, ethnically or otherwise objectionable
- is obscene, vulgar or pornographic
- is being used to harass, stalk or otherwise threaten a person
- is libelous, defamatory or invades any privacy or publicity rights of any third party
- impersonates any other person or otherwise falsely states or otherwise misrepresents an affiliation with a person or entity or misrepresents or masks the true identity of the sender or recipient
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- infringes or violates any copyright, trademark, service mark, patent, trade secret, confidentiality rights or other rights of any third party
- contains or promotes violence, drug use, illegal gambling or other criminal activity
- contains or promotes any illegal contests or lotteries, or any pyramid schemes or contains false advertising
- contains any virus, Trojan Horse, time bomb or any other harmful or disabling software code
- is harmful to minors
- is used to collect or store personal data about other users
- interferes with or disrupts the Service or servers or networks connected to the Service, or violates any requirements, procedures, policies or regulations of networks connected to the Service
- promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals; or
- contains or promotes any materials or information which may violate any law, rule, regulation, ordinance or requirement to which you are subject.
If you include any third party content or content feeds into your PixGL Content, you are responsible for ensuring that the inclusion of such content or content feeds does not violate the terms and conditions of the applicable content or feed provider or exceed your permitted scope of use for such content or content feeds.
You understand that all text, images and other content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not PixGL, are entirely responsible for all content that you upload, post or otherwise transmit via the Service. PixGL does not control the content posted via the Service or shared with you through the Service or otherwise by other users and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable.
You are responsible for managing your content and for ensuring that all PixGL Content in your account conform to the user conduct set forth above.
No Spam: You may not use the Service to transmit any unsolicited wireless, SMS or email messages to any recipient from whom you have not received prior demonstrable consent. In addition, you may not use or develop any automated process to transmit messages through use of the Service. You may not use the Service to collect or store personal information of other users. Further, you must comply with any and all laws which are applicable to the transmission of wireless, SMS or email messages or the posting of content on the Internet.
Termination of Access: In addition to any right or remedy that may be available to us or other party under applicable laws, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
Beta Users: In addition to all of the provisions of these Service Terms of Use, users of the Service operating under a beta test are further advised that beta test versions of the Service may not operate as intended, may experience substantial interruptions, may contain significant malfunctions and should not be used by beta testers for any reason other than for evaluative purposes.
Intellectual Property: netomat is the owner of, or is authorized to use, all parts of the Service that are provided by netomat, including all patents, copyrights, trademarks, trade secrets and other intellectual property or proprietary rights contained therein. Except as expressly set for in these Service Terms of Use, no license is granted to you and no rights are conveyed to you by virtue of accessing or using the Service. All rights not granted under these Service Terms of Use are reserved by netomat. netomat will aggressively enforce its intellectual property rights to the fullest extent of the law.
Disclaimer: We make reasonable efforts to ensure that the Service operates as intended, however; the Service is dependent upon the Internet, wireless carriers, third party software and other services and providers outside of the control of PixGL. By using the Service, you acknowledge that we do not and cannot guaranty that the operation of the Service will be uninterrupted, error-free or that the information it stores or transmits will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. Further, we make no warranties that any software downloaded in connection with the Service will operate properly on your personal computer or mobile device or will not interfere with your other programs or systems on your personal computer or mobile device functions. You expressly assume the risk of such problems by using the Service, including by downloading, installing or using PixGL downloadable applications on your computers or mobile devices.
THE SERVICE, INCLUDING ALL CONTENT, OPERATIONS AND MATERIALS, ARE PROVIDED “AS IS”. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE OPERATION OF THE SERVICE. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if PixGL is otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the greater of (i) $100 or (ii) the amount paid by you for your use of the Service during the prior twelve (12) months.
Privacy: PixGL takes the privacy of you and your information very seriously. For further information about how we use information collected from you, please view our Privacy Policy.
Support: email PixGL at support@PixGL.com
Communications with PixGL: Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and/or ranking. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Changes: All information posted on the Service is subject to change without notice. In addition, these Service Terms of Use may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access to the Client Software or use of the Service after such changes conclusively demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold harmless PixGL, its employees, directors, officers, agents and representatives from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, arising from, or related to, any breach by you of any of these Service Terms of Use, the content of your PixGL Content or violations of applicable law.
Severability: If any part of these Service Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Service Terms of Use and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.
Waiver; Remedies: The failure of PixGL to partially or fully exercise any rights or the waiver of PixGL of any breach of these Service Terms of Use by you, shall not prevent a subsequent exercise of such right by PixGL or be deemed a waiver by PixGL of any subsequent breach by you of the same or any other term of these Service Terms of Use. The rights and remedies of PixGL under these Service Terms of Use and any other applicable agreement between you and PixGL shall be cumulative, and the exercise of any such right or remedy shall not limit PixGL’s right to exercise any other right or remedy.
International Access: Our Service is provided from the United States of America. The laws of other countries may differ regarding the access and use of this Service or functions available through the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Governing Law: The laws of the State of New York shall govern these Service Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE SERVICE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE. Any claim against PixGL arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
Digital Millennium Copyright Act (“DMCA”) Notice: Materials may be made available via the Service by third parties not within the control of PixGL. We are under no obligation to, and do not, scan messages sent through the Service for defects, viruses or the inclusion of illegal content. However, we respect the copyright properties of others. It is our policy not to permit materials known by us to be infringing to remain on the Service.
If you believe any materials on the Services infringes a copyright, you should provide us with written notice that at a minimum contains:
If you believe any materials on the Services infringes a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Kris Ramanathan
netomat, Inc.
1120 Avenue of the Americas, 4th Floor
New York, New York 10036
Krisr (at) netomat (dot) net
It is the policy of PixGL to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Questions: Should you have any questions regarding these Service Terms of Use you may contact us at support@PixGL.com.
