Terms & Conditions

 

TERMS OF SERVICE

Welcome to the website of gottapixel.com, operated by Gotta Pixel, LLC (“Provider”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of Onecanvas.com, including any content, functionality and services offered on or through Onecanvas.com (the “Website”).

These Terms of Service constitute an agreement (this “Agreement”) by and between Provider and each customer of Provider’s online photograph and graphic editing portal provided through the Website (each a “Recipient” or “you”).

  1. Definitions
    1. “Account” refers to the Service plans and features selected by Recipient through Provider’s customer portal at the time of enrollment and accepted by Provider, as such plans and features may change by mutual consent of the parties, as recorded by Provider through such portal.
    2. “Authorized Representative” refers to a person or persons duly authorized by Recipient to make binding Account-related decisions on Recipient’s behalf.
    3. “Authorized User Policy” refers to rules and regulations that regulate, restrict, control or govern the behavior of an Authorized User as set forth by (1) this Agreement; (2) any additional terms and conditions published on the Website, from time to time; and (3) any applicable Federal or State laws.
    4. “Effective Date” refers to the date of commencement of the Service with respect to any given Recipient.
    5.  “Materials” refers to written and graphical content provided by or through the Service, including, without limitation, text, photographs, illustrations, Recipient Data, and designs, whether provided by Provider, another user of the Service, or any other third party.
    6.  “Recipient Data” refers to data in electronic form input or collected through the Service by or from Recipient.
    7. “Service” refers to Provider’s online photograph and graphic editing software service. The Service includes such features as are set forth on the Website, which Provider may change such features from time to time, in its sole discretion.
  2. Accepting the Terms of Service

In order to use the Services, you must first agree to these Terms of Service. You may not use the Services if you do not accept the Terms of Service.

You can accept the Terms of Service by:

  1. clicking to accept or agree to the Terms of Service, where this option is made available to you by the Website or in the user interface for any of the Service; or
  2. actually using the Service. In this case, you understand and agree that the Provider will treat your use of the Services as acceptance of the terms of this Agreement.
  3. Terms of Sale. By creating an Account you are offering to purchase a service on and subject to the following terms and conditions:
    1. Requirements. In order to contract with Provider you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or a valid PayPal account. We retain the right to refuse any request made by you. If your Account is accepted you will gain access to the services provided by us. When creating an Account you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or PayPal account used to place your order and that there are sufficient funds to cover the cost of the services. All prices advertised are subject to change.
    2. Our Contract. Upon the formation of your Account, including verification of valid payment information, a contract will be formed between you and Provider. Only those services offered at the time of the formation of the Account will be included in the contract.
  4. Service & Payment.
    1. Service. Provider will provide the Service to Recipient pursuant to its standard policies and procedures then in effect in order to enable Recipients to upload, create, modify, edit, publish, and share photographs and other graphic materials.
  5. Software & IP. Provider retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant Recipient any intellectual property rights in or to the Service or any of its components.
  6. Authorized User Policy. Recipient agrees to comply with the terms of the Authorized User Policy and further agrees to periodically check the Website for changes as the terms may change from time to time. In the event that the Recipient is found to have materially breached the Authorized User Policy, including without limitation any copyright infringement, Provider may suspend or terminate Recipient’s access to the Service, in addition to such other remedies as Provider may have at law or pursuant to this Agreement. This Agreement does not require that Provider take any action against Recipient or any other customer for violating the Authorized User Policy; however, Provider retains the right to take any such action in its sole discretion.
  7. Privacy Policy.
    1. Information Collected. We collect the following information from users who buy our products and services: name, e-mail address and address (“Personally Identifiable Information”). We also use “cookies” to collect certain information from all users, including website visitors who don’t register for an Account. A cookie is a string of data our system sends to your computer and then uses to identify your computer when you return to our Website. Cookies give us usage data, such as how often you visit, where you go at the site, and what you do on the site. We will also be collecting data furnished to us by you and other third-party sources, including, but not limited to Facebook and Google Analytics.
    2. How your information is used. We use your Personally Identifiable Information to create your Account, to communicate with you about products and services you’ve purchased, to offer you additional products and services, and to bill you. We also use that information to the extent necessary to enforce our Terms of Service and to prevent imminent harm to persons or property. We use cookies so that our Website can remember you and provide you with the information you’re most likely to need. For instance, when you return to our Website, cookies identify you and prompt the site to provide your username (not your password), so you can sign in more quickly. Finally, we use information gained through cookies to compile statistical information about use of our Website, such as the time users spend at the site and the pages they visit most often. Those statistics do not include Personally Identifiable Information. We also retain the right to view, download and store any Materials and Recipient Data at our discretion in order to ensure compliance with this Agreement and to ensure customer satisfaction.
    3. Protection of Personally Identifiable Information. Although we employ security measures to protect your Personally Identifiable Information, we cannot guarantee the security thereof. By using our Website, you acknowledge and agree that we make no such guarantee, and that you use our Website at your own risk.
    4. Contractor and Other Third Party Access to Personally Identifiable Information. We give certain independent contractors access to Personally Identifiable Information. Those contractors assist us with Website security and transaction processing. We also may disclose Personally Identifiable Information to attorneys, collection agencies, or law enforcement authorities to address potential violations of the Authorized User Policy, other contract violations, or illegal behavior. And we disclose any information demanded in a court order or otherwise required by law or to prevent imminent harm to persons or property.
    5. Amendment of this Privacy Policy. We may change this Privacy Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the date it’s posted, which will be listed at the top of the page as the new Effective Date.
  8. Rules of Usage. This Website is intended for the personal use of the Recipient or its Authorized Users only, unless the Recipient has obtained written consent from us directly.

Neither the Recipient nor its Authorized Users may impersonate, imitate or pretend to be somebody else when using the Website.

  1. Website Content. Contained in the Website is material provided by us and our merchants and includes graphics, text, photographs, images, video, audio, software, code, Website design, compilation, “look and feel” of the Website, and advertising thereon (collectively, “Website Content”). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and such property is owned by us and our merchants. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, is strictly prohibited.
  2. Prohibited Actions. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the Website, including without limitation the assets or Website Content, except as permitted by the Copyright Act of 1976 or other law or as expressly permitted by these Terms of Service, or with our written consent. You also agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website.
  3. Inappropriate Content. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service. If we discover that you have posted any such content, we reserve the right to flag the content as inappropriate and remove it from the Website and to suspend or delete your Account. Any Recipient whose Account is suspended or deleted for violation of this Section is not entitled to any refund of monthly fees already paid.
  4. Unauthorized Users. You may not attempt to gain unauthorized access to our servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
  5. Third- Party Content. You acknowledge that we may not have reviewed and do not endorse the content of all sites or services (including other applications) linked to this Website and are not responsible for the content or actions of any other sites, services or applications linked to this Website, including without limitation, content posted by our merchants or other third parties. By linking to any service or site, you do so at your own risk.
  6. Service Features Changes. You acknowledge that in order to ensure customer satisfaction, Provider, in its sole discretion, will periodically make updates and changes to the features offered within the Service. While you may request the addition or deletion of certain features from the Service, you do not have the right to expect or demand that any features will be retained or added when Provider updates the Service. You further acknowledge and accept the possibility that some or all of your Materials may be altered, deleted or rendered incompatible with the Service as a result of Provider’s decision to update the Service.
  7. Each Party’s Warranties.
    1. Identity. Each Recipient warrants that: (i) It has accurately identified itself through its Account and will maintain the accuracy of such identification; and (ii) to the extent a natural person, he or she is 13 years of age or older, or is accessing its Account with the express permission of its parent or guardian, who is 13 years of age or older and reside in the United States or any of its territories.
    2. Authority. Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
    3. Disclaimers. Except for the express warranties specified in this Section 10, THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, (i) PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RECIPIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; and (ii) Provider does not warrant that the Service will perform without error or immaterial interruption.
  8. Limitation of Liability. IN NO EVENT: (a) WILL PROVIDER’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID BY RECIPIENT FOR ONE MONTH OF USE OF THE SERVICE; AND (b) WILL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION 11 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF RECIPIENT’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 11, Provider’s liability will be limited to the maximum extent permissible.
  9. Data Management.
    1. Access, Use, & Legal Compulsion. Recipient acknowledges that while Provider takes no right, title or interest in the Materials, Recipient has no right, title, or interest in any Recipient Data or other information generated about Recipient by the Website. Recipient further acknowledges that in order to improve the quality of the Service, Provider may view, retain or use any such Recipient Data or other information as Provider sees fit. Notwithstanding the foregoing, Provider shall not distribute to any third party Recipient’s payment information or other sensitive information of the like, unless required to do so by State or Federal law.
    2. Retention & Deletion. Provider will take adequate steps to retain all Recipient Data, but shall not be held responsible if any or all Recipient Data is destroyed by accident, casualty, fire, act of God or other act beyond Provider’s reasonable control. Recipient agrees that upon the termination of this Agreement, recipient will not retain any Recipient Data or other information generated by the Service, and shall permanently delete any such Recipient Data or other information that it may possess, control, or to which Recipient may otherwise have access.
  10. Miscellaneous.
    1. Notices. Provider may send notices pursuant to this Agreement to Recipient’s contact points listed in Recipient’s Account, and such notices will be deemed received immediately after they are sent. Recipient may send notices pursuant to this Agreement to __________________________, and such notices will be deemed received immediately if sent by means of electronic communication or shall be deemed received three days after notice has been postmarked if notice is sent by mail.
    2. Amendment. Provider may amend this Agreement from time to time by posting an amended version on its website and sending Recipient written notice thereof. Such amendment will be deemed accepted by Recipient (and all its Authorized Users) and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Recipient first gives Provider written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective at the start of Recipient’s next Period following the Proposed Amendment Date (unless Recipient first terminates this Agreement pursuant to Section 5 above). Recipient’s continued use of the Service following the Proposed Amendment Date will confirm Recipient’s consent thereto. This Agreement may not be amended in any other way except through a written agreement executed by Authorized Representatives of each party.
    3. Relationship. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
    4. No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an Authorized Representative and (ii) in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
    5. Assignment & Successors. Neither party may assign this Agreement or any of its rights or obligations hereunder without the other’s express written consent, except that either party may assign this Agreement to the surviving party in a merger of that party into another entity. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
    6. Choice of Law & Jurisdiction. This Agreement will be governed solely by the internal laws of the State of Nebraska without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Lancaster County, Nebraska.
    7. Arbitration. Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in effect on the date of this contract. Arbitration shall take place in Lincoln, Lancaster County, Nebraska and there shall be one arbiter who shall be appointed by the mutual agreement of the parties. If the parties are unable to select an arbiter, one shall be appointed by the American Arbitration Association. The parties hereby waive their right to any form of recourse against an award to any court or other competent authority, insofar as such waiver can validly be made under the applicable law.
    8. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
    9. Conflicts among Attachments. In the event of any conflict between this Agreement and any Provider policy posted online the terms of this Agreement will govern.
    10. Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.

 

Sign Up for Our Newsletter

Get all the latest news from your favorite Gotta Pixel designers delivered to your inbox!

Getting Started
Daily Download
Seasonal

Copyright © Gotta Pixel | Site by Lilac Creative