Terms & Conditions
Please read these Terms and Conditions (Terms) carefully before proceeding with using or accessing this website (www.pixelphant), and other related apps and software (collectively and individually, the Site or Platform) made available by Hex PixelPhant Pvt Ltd. (PixelPhant, we, our, www.pixelphant, or us).
THESE TERMS WILL GOVERN YOUR ACCESS AND USE OF THE SITE. IF YOU DO NOT AGREE WITH THE TERMS, YOU MUST NOT USE THE SITE.
Agreement of Terms
By accessing or using the Site or by placing an order through the Site, you agree to accept all the Terms and Conditions and therefore have entered into an agreement with PixelPhant, governing your use of the Site.
License to use the Site / Platform
PixelPhant grants you a limited, non-exclusive license to access and make personal and non-commercial home use of this SIte. As such, you cannot download the Site (other than page caching) or modify the Site or its contents or any portion of o the Site or any of its contents, except with the prior written consent of PixelPhant.
This license does not include:
- any resale or commercial use of this Site or its contents;
- any collection and use of any product listings, descriptions, or prices;
- any derivative use of this Site or its contents;
- any downloading or copying of account information for the benefit of another merchant and/or user; or
- any use of data mining, robots, or similar data gathering and extracting tools.
This Site or any portion of this Site may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent of PixelPhant.
You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PixelPhant and the Site without pixelphant prior express written consent. You may not use meta tags or any other “hidden text” utilising www.pixelphant and the Site’s name or trademarks without the prior written consent of PixelPhant. Any unauthorised use automatically terminates the permission or license granted by PixelPhant.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of the Site so long as the link does not in any manner whatsoever or howsoever portray or depict the Site, or its products or services in false, misleading, derogatory, obscene or otherwise offensive light or manner. You may not use any PixelPhant logo, the Site logo or other proprietary graphic or trademark as part of the link without www.pixelphant prior express written consent.
By creating an account, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the Registration Form.
- Maintain and promptly update your personal information to keep it true, accurate, current, and complete for so long as you use the Site.
You will receive service-related emails, updates, and marketing emails after creating an account with PixelPhant at the email address you provided during account creation. You can opt out of any updates and marketing emails at any time. However, we cannot opt you out to service-related emails as this will disrupt how PixelPhant provides service to its users.
You are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your particulars.
PixelPhant cannot and will not be liable for any loss or damage arising from your failure to comply with this Terms and Conditions. It is your responsibility to maintain the confidentiality of your password, which also includes passwords from third-party sites that we may allow you to use to access or use this Site. Should you believe your password or security for this website has been breached in any way, you must immediately notify us.
If you are under 18 years of age, you can use the Site only with involvement of a parent or guardian. PixelPhant reserves the right to refuse service, remove or edit content, or cancel orders at its sole discretion. At the same time, you may request to have your account deactivated or deleted.
Please note that account deletion is irrevocable and cannot be undone. All information including personal details, billing details, and order history will be removed from our database and other third-party services that we use.
Payment and Credits
The Site only stores the last four digit of your credit card. We use third-party payment gateways to ensure the security of your financial information. Billing details may also be added to provide the details you need on your invoices.
PixelPhant uses a credit-based system for order payment. The per-image credit cost can only include one product image per file. This is decided by PixelPhant. Orders can only be processed until they are paid.
If a Site user sends one image file with multiple products, PixelPhant reserves the right to invoice for outstanding amount or order can be cancelled. The same applies to the amount and type of work required.
We reserve the right to decline a job order, subjected to the type of work required. We offer a free trial to our users to help you make a decision prior to purchases. As such, all purchases made are considered final and non-refundable. While we do entertain refund requests, this is subject to investigation and approval.
You understand that you, and not PixelPhant, are solely responsible for all photos that you upload on our Platform.
We do not own or have any rights to all images you uploaded to our Site. You will remain the owner of your content. If you do not own the images you uploaded to our Site, you acknowledge that you have rights to modify the photos, and therefore providing us rights to modify them as well.
You agree that PixelPhant, at its sole and absolute discretion, may terminate your use of the Site for any reason, including, without limitation, lack of use or if PixelPhant believes that you have breached or acted inconsistently with or in disregard of these Terms.
PixelPhant may also, at its sole and absolute discretion and at any time, with or without notice, discontinue providing its services or any part thereof. You agree that any termination of your access to the Site under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that www.pixelphant immediately bar any further access to the Site.
On the event of any of the foregoing, you agree that PixelPhant shall not in any manner whatsoever or howsoever, be liable to you or any third party for any termination of your access to the Site.
You hereby agree to indemnify and forever save PixelPhant, its affiliates, directors, officers, employees, owners, agents, information providers, licensors and licensees harmless, from and against any and all losses, claims, demands, damages, liabilities and/or costs and expenses, including legal costs, on a full indemnity basis, which may arise from your use of the Site, including, but not limited to, any breach of any of the Terms and Conditions, or your violation of any rights of another.
You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right (but have no obligation), at our own expense, to assume the exclusive defense and control of any matter subject always to full indemnification by you.
You hereby acknowledge and agree that any breach of the Terms and Conditions will result in irreparable harm and/or losses to pixelphant for which monetary damages would or may not be an adequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, PixelPhant will be entitled to equitable relief, including both a preliminary or interlocutory and permanent injunction, if such a breach occurs. You irrevocably waive any requirement for the posting of a bond or other security if pixelphant seeks such an injunction.
Disclaimer of Warranties and Limitation of Liability
This site is provided by PixelPhant Inc. on an “as is” and “purchase now” basis. PixelPhant makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site. You expressly acknowledge and agree that your use of this site is at your sole risk.
PixelPhant disclaims all express or implied representations, warranties and conditions of any kind, including, but not limited to, implied warranty or condition of merchantability and/or fitness for a particular purpose or non-infringement.
PixelPhant makes no representations, warranties, conditions or guarantees that this site or the functions contained in the materials on the site will meet your requirements; will be uninterrupted, timely, secure or error-free or that defects will be corrected.
PixelPhant does not warrant that this site, its servers, or e-mail sent from PixelPhant are free of viruses or other harmful components or that the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
PixelPhant will not be liable for any special, direct, indirect, incidental, punitive, and consequential damages or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill or savings, business interruption, loss of information, whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following
- The use or the inability to use the site,
- Any defect in goods, samples, data, information or services purchased or obtained from a user or a third party service provider through the site,
- Unauthorised access by third parties to your data or private information,
- Statements or conduct of any user of the site, or
- Any matters relating to services acquired through the site however arising, including negligence.
Any material downloaded or otherwise obtained through the site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss or corruption of data that results or may result from the download of any such material, including any damages resulting from computer viruses. No advice or information, whether oral or written, obtained by you from pixelphant or through or from the site shall create any warranty or condition not expressly stated herein.
Under no circumstances shall PixelPhant be held liable for a delay or failure or disruption of the content or services delivered through the site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of god, acts of terrorists, war, government actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
This Site is created, owned and controlled by PixelPhant, Inc.. The Terms and Conditions shall be governed and interpreted in accordance with the laws of Delaware, United States without giving effect to any principles of conflicts of laws. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
By visiting or using the Site or by placing an order through the Site you hereby irrevocably accept, agree and consent to the exclusive jurisdiction of the Courts in Australia in all disputes, controversies or differences of whatsoever nature which may arise, out of or in relation to the Terms and Conditions, or the breach thereof relating to the use of the Site.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site. However, to the extent permitted by applicable law, we do not warrant that the product descriptions or other content available on the Site is accurate, complete, reliable, current, or error-free.
Modification and Discontinuance
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and the Terms and Conditions (or any part thereof) with or without notice to you. The amended and restated Terms and Conditions will be posted on the Site and shall be effective immediately upon posting. Posting by pixelphant of the amended and restated Terms and Conditions and your continued use of the Site shall be deemed to be acceptance of the amended terms. You agree that pixelphant shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Please also review our other policies posted on the Site. These policies also govern your visit to PixelPhantapp.com and PixelPhantphotos.com
Waiver of Conditions of Use
The failure of PixelPhant in any one or more instances to insist upon performance of any of the terms or conditions contained herein, or to exercise any right or privilege hereunder, or the waiver by PixelPhant of any breach by you, of these terms or conditions of sale, shall not be construed as thereafter waiving such terms and condition, rights of privileges, and the same shall continue and remain in force and effect as if no failure or waiver had occurred.
Links to Other Websites
Links to third party websites on this Site are provided solely as a convenience to you. Please exercise discretion while browsing the internet using this Site. If you use these links, you will leave this Site. PixelPhant has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content.
Thus, pixelphant does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site you do this entirely at your own risk. PixelPhant will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Intellectual Property Rights
PixelPhant, Inc. is the sole owner or lawful licensee of all the rights to the Site and all information, text, messages, illustrations, images, logos, designs, icons, photographs, programs, music, sound, video clips, directories, files, databases, listings or other materials available on or through the Site (collectively the “Content”). The Site and the Content embody trade secret and intellectual property rights protected under worldwide copyright and other laws.
All title, ownership and intellectual property rights in the Site and the Content shall remain with pixelphant, its affiliates or licensors of the Content, as the case may be. All rights not otherwise claimed under this Terms and Conditions or by pixelphant are hereby reserved.
PixelPhant’s icons and logos and related icons and logos in various jurisdictions are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
Notices and Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of the Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms and Conditions constitute the entire agreement between you and PixelPhant and govern your use of the Site, superseding any prior agreements between you and PixelPhant (including, but not limited to, any prior versions of the Terms and Conditions). You also may be subject to additional terms and conditions that may apply when you use other www.pixelphant services, third-party content or third-party software. Any assignment or transfer of either the Terms and Conditions or any right granted hereunder is strictly prohibited.
The headings of each of the Terms and Conditions are for convenience of reference only and shall not form part of the Terms and Conditions. Such heading shall be ignored in the interpretation or construction of any of the Terms and Conditions.
We may amend our Terms and Conditions at any time by publishing the revised Terms on our Site and/or by communicating it you using the email address you have provided during account creation.
The latest copies/updates of our Terms will be posted on our Site. You agree to review all the Terms prior to using and access our Site. PixelPhant reserves the right to change any and all features of our Site, a any time without notice.
All personal information will be collected, stored, and used in accordance with the regulations set down in the Australian Privacy Act 1988 and to the extent applicable, by the European Union General Data Protection Regulation (EU) 2016/279 (GDPR).
Personal information we collect
Personal Information is defined by GDPR as any information that identifies or can be used to identify, locate, and/or contact the person to whom such personal information pertains.
All personal information we collect, store and use will be subject to this policy and may be amended from time to time. The following outlines the types of personal information we may collect from you:
- Basic account information. This includes but not limited to your name, email address, mailing address, street address, and/or telephone number.
- Company information. This includes your company name, company website URL, your role within the company, and/or business location
- Financial information. We use third-party payment gateways (Paypal and Stripe) to store your credit card information securely. For invoice purposes, we may collect data about your billing address, billing name, and other financial details.
- Demographic information such as gender or age
- Log and Device information. This includes browser session and geo-location data, device and network information, page views analytics, page sessions analytics, acquisition sources, access and your use of our Site, including through your communication with our Site, your Internet cookies, the type of browser you are using, type of operating system you are using, your domain, your time zone and/or your uniform resource locator (URL). The type of information we collect depends on the device and its settings that you are using.
We may collect these types of personal information directly from you or third parties. Depending on the activity or action, the personal information we collect may either be voluntary or mandatory. If you do not consent to provide mandatory data, we will not collect it, and you will not be able to engage in the respective activity or action.
Information sharing with third party service providers
PixelPhant may share personal information to:
- Third party service providers to enable them to provide their services, including but not limited to data storage, IT services, maintenance or problem-solving service, marketing or advertising, professional advisors, or payment gateways.
- Third parties, which includes sub-contractors or agents, who help us provide information, services, or direct marketing to you.
- Third parties to collect and process data, such as Google Analytics, Google Tag Manager, or relevant businesses.
- Social Media Features such as widgets or share buttons or interactive mini-programs run on our site and may collect your IP address and/or set cookies.
- Our employees, contractors, and related entities
- Our existing and potential business partners
- Credit reporting agencies, tribunals, regulatory authorities or courts, in case you fail to pay for services provided
- Tribunals, regulator authorities or courts, in relation to any legal proceedings (actual or prospective), or in order to establish, defend, or exercise our legal rights
- Google Analytics
- Google Tag Manager
Cookies and tracking technologies
When you visit our Site, a cookie will be saved on your computer. Cookies and similar technologies are text files stored in your computer’s browser in order to save your preferences. In general, cookies will not provide us with your email address and other direct personal information.
However, we use these technologies in order to personalize your visit to our Site. For example, after logging in to our website, PixelPhant saves that information so you no longer have to re-enter the login details during that session. We also use these technologies to help deliver content relevant to you and your interests.
Most browsers accept cookies automatically. You can manage how your personal information is collected through cookies and similar technologies by going to your browser or device settings.
PixelPhant also uses log files and stores information including your browser type, Internet Service Provider (ISP), IP addresses, landing and exit pages, date and time stamps, type of platform, and click rates. This data is used to analyse information, administer our service, and secure our service.
How your personal information is used
Your personal information may be used to:
- Provide PixelPhant services. Your personal information will be used to offer our Site and services to you; manage your account, submit orders, manage your orders, respond to your inquiries/concerns, and other service support purposes.
- Provide financial/payment information. We use Paypal and Stripe as our third party payment gateways. Your credit card details will not be stored in our database except for the last 4-digits of your card. We use this financial information to allow you to submit orders to us and make credit purchases, provide you with billing and purchase history, and to provide you proper invoice as per your requirement. For credit card charge transactions, we may use our information to verify and check the status of a credit card charge and/or share your account information with your bank to verify charges in case of disputes.
- Improve our products and services. We regularly perform research and analysis about your use or interest in products, services, and content we offer or product, services, and content offered by others. This is done to continuously improve our products and services and build new products and features to serve you better. We may also send emails to seek your opinion and preference on how our products and services can improve.
- Communicate service-related messages. We send service and administrative emails to ensure that our products and services are working properly. We also send out emails to inform you about order details and status. As these messages are meant to provide information about our products and services, you may not opt out of these messages.
- Communicate promos and advertisements. Depending on your opt-out preference, we may send emails about new product features, PixelPhant news and updates, or newsletters about our newest blog. You may opt out of receiving this type of messages at any time.
- Responding to your inquiries/requests. If you have questions, concerns, or requests, we will use your personal information to reply to you.
- Communicate product or service changes. We may reach out to you regarding service or product changes, new offers, and other important service-related announcements, such as Policy changes, fraud notifications, security notification, etc…
- Protecting rights and interests. Your personal information will be used to protect our users and any other persons’ rights and interests, as well as protect our own rights and interests. This will also be used to enforce this Policy and our Terms and Conditions.
- Oblige to legal compliance. We may use your information to comply with legal or regulatory obligations, whenever applicable. This includes information requests from the law or government authorities.
Updating your personal information and privacy settings
- Account details. To keep our personal information complete and accurate, you can log in to our account and go to our Account Settings. You will be able to review and update your account information. Some information may also be deleted. If you wish you correct, delete, modify, or limit our personal information, please contact us at [email protected]. We will do our best to honor your requests, but please note that this is subject to any legal and/or contractual obligations. You may also contact us directly if you wish to cancel your account, request to delete or no longer use any of your account information to provide you with our services.
- Emails/messages. You may opt out any time if you do not wish to receive promotional emails from us. We always provide an opt-out link for marketing/promotional emails. Please note that we may continue to send you service-related emails, which are not available for opt out to serve you better. If you do not wish to receive service-related emails, you may still contact us to deactivate your account.
- Cookies. If you do not want to consent for cookies, you can check your browser’s settings. Most browsers will have an option to set your computer to accept all cookies, not receive cookies at all, or notify you when a cookie is created.
- Third Party Analytics Services. Third party services such as Mixpanel and Google Analytics provide the ability to opt you out using their Opt-Out features.
In case of account deactivation or deletion, we will no longer have access to any of your personal information, which also includes your order history and purchases. This action cannot be undone in order to protect your full rights. Please contact us at [email protected] for further assistance.
At any point, you also have the right to object processing any of your personal information, subject to legitimate grounds. In such case, we will cease processing your information. You also have the right to revoke your consent at any given period subject to legal grounds or if you revoke consent to limited processing activities or actions.
In order to provide you with our services (or as required by our legal obligations), we will retain your personal information for as long as your account is active. However, you have the right to request for account deactivation or personal information limitation. You can do so by reaching out to us at [email protected].
Please note that we will retain and continue to use your personal information to comply with our legal obligations, legal rights and interests, resolve disputes, and enforce agreements.
Protecting your personal information
- Your account profile is password-protected. This password is encrypted. We strongly encourage setting up a strong alpha-numeric password to ensure your protection.
- Your personal information is stored on secure servers that only limited PixelPhant staff have access to via password.
While we strive hard to protect and secure the personal information provided to us, there is no method of electronic storage or Internet transmission that is 100% secure. We take your personal information security seriously and use all the preventive measures at our disposal to protect your information. However, we cannot guarantee its absolute security.
In this regard, please contact us immediately at [email protected] if you feel your personal information has been breached. We also strongly encourage you to take the necessary steps to safeguard against unauthorized access to your account.
Links to third party websites
If you’re under 18 years of age, you can still use the Site and services. However, you can only do so with involvement and written consent of a parent or guardian.
PixelPhant takes our privacy concerns seriously. If you have concerns or questions, please don’t hesitate to reach out to us at [email protected].
If you continue to use PixelPhant after these changes are in effect, you agree to our revised policy.
This policy is effective May 25, 2018.