To Our visitors, Users, and Customers,
The Pixarnia.com Team
Effective Date: 1st May 2018
We are providing the following definitions, which are used in this Agreement, to make it easier for you to read and understand. They are:
Content: All files, data, information that a customer uploads or downloads from the Pixarnia.com website.
Customer: A paid or free user of Pixarnia.com website & services. Also "You," "Your," or "User."
Content: An image, video or sound in any format or other files relevant to an image, video or sound.
GDPR: General Data Protection Regulations, effective from May 25, 2018, and passed by the EU for the protection of EU citizens and residents.
Pixarnia.com Intellectual Property: Our software, platform, programming & code, website, logos, slogans, trademark, service marks, and copyrights.
Pixarnia.com: Our company, owners, employees, and agents. Also "We," "Us,” or "Our."
Submissions: Files, data, information, code, and other content uploaded or downloaded to/from the Pixarnia.com platform. This includes and is not limited to photographs, pictures, illustrations, videos, mp3, text, digital recordings, files or other data.
Third-party website: Website links or hyperlinks, located in or on the Pixarnia.com website that redirect customers to other websites.
Visitor: Anyone who visits the Pixarnia.com website.
II. WEBSITE USAGE
We are providing our customers with a user-friendly, affordable software platform to: create, build, and implement image, video, and sound gallery for their business or private use. Designed by professional entrepreneurs and marketers, users can visit and access our website for any legal or lawful purpose. In order to protect our intellectual property and our Customers, Users & Visitors are prohibited from:
Downloading, copying, or transmitting any of our website content (or content of our users) without permission;
Using data mining or extraction software, or bots
Manipulating or using framing or other navigational technology;
Registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any person; user; company; or anyone else for our products or services unless you have permission;
Using our website or its content for any other purpose other than which it was intended: marketing and email campaigns;
Harassing; stalking; bullying; or threatening behaviour towards: Pixarnia.com; it's owners, employees, agents, customers or users;
Engaging in any behaviour that might violate our rights, such as our intellectual property rights; or that of our customers;
Impeding or interfering with our website; its' security; or our server.
1. Anyone surfing the world wide web can visit and browse the Pixarnia.com website, but in order to use our virtual gallery services, you will have to register for an account. When registering for an account, you promise that:
You are over the age of eighteen (18);
You are providing us with accurate & truthful login information;
Will keep all login information confidential;
You will not register a customer for an account without their permission;
You will not access a customer's account without permission;
You will notify us immediately if you think your account has been breached.
2. Security. Users understand and agree that they are fully responsible for activity on their account and must keep their login information confidential. You must notify us within seventy-two (72) hours if you believe your account has been hacked or breached, by emailing our Customer Support Department at: [email protected].
3. Children. Pixarnia.com does not knowingly collect any information regarding children under the age of 18 or specifically under the age of 13. Minors and children
1. The term, "Content," includes and is not limited to:
Data, files, pictures, video, audio, or media recordings, comments, information, text, graphics, and any other interactive feature that is accessible through the Pixarnia.com website.
2. Risk. You understand that any website content that you access or download, whether on our website or any other third-party website, is at your own risk and agree to accept responsibility for any damages or losses.
3. Intellectual Property. We retain all rights, title, and interest to our own website and its' content, which is protected by copyrights, trademarks, service marks, patents, trade secrets or other laws, both locally and internationally. You promise not to interfere with these rights and to follow all applicable intellectual property laws.
Submitted content must be owned by the User/account holder;
Submitted content must be original to the User/account holder;
Submitted content must not infringe upon third-party copyrights;
Submitted content must not impinge upon a third-party's contract or intellectual property rights;
Submitted content must not be involved in pending or threatening litigation;
Submitted content must not be involved in a validity/ownership challenge;
Submitted content must not contain: viruses; malware; spyware; Trojan- horses; data mining or bots; and,
Submitted content must not contain any software, code, or files that might be harmful to our website, platform, servers, or that of our customers and agents.
5. Limited Liability. Customers acknowledge that they are solely responsible for their submissions and that Pixarnia.com is not responsible for any errors, omissions or intellectual property rights violations committed by other users or customers. Since we have no control over the content submitted by our customers, you agree to hold us harmless for any alleged violation or copyright infringement.
Software Interface. The Pixarnia.com platform easily interfaces with Google Drive, Google Photos, cloud software or other application via API.
V. PIXARNIA.COM DMCA POLICY
If you believe a Pixarnia.com user or customer has committed a copyright violation, please notify our Copyright Agent immediately using the following procedure:
1. Claims. Send a written claim to our Copyright Agent via their email address at [email protected]ixarnia.com
In the email, you must:
a) Identify the property or work that has allegedly been infringed,
b) Provide the location of the property or content you believe has been allegedly infringed,
c) Provide proof of ownership of the copyright of the property,
d) Provide your legal contact information (Including a copy of any legal document on relevant page or valid Linkedin or Facebook profile) and your telephone number,
c) State the name(s) or the identity of the person(s) you believe have allegedly infringed upon copyright, and
d) Provide a signed statement under penalty of perjury, stating you did not grant the alleged violator permission to use the copyrighted material.
2. Authorization. If you are not the owner of the work or material, then you will also need to provide us with a signed statement that says you are authorized to represent the original owner of the copyrighted material along with the original owner's contact information.
3. Investigation. As soon as our Copyright Agent receives your signed claim, Pixarnia.com will immediately:
a) Verify information,
b) Conduct a thorough investigation,
c) Freeze the alleged violator's account,
d) Notify the violator of your claim, and
e) Send you a prompt response about our investigation.
4. False Claims. If we find that the alleged violator has not committed a copyright infringement, we will immediately release any disputed material back to its' owner and unfreeze their account. If we discover that you have filed a false copyright infringement claim, then you agree to be personally and financially liable for all costs or damages we incur as a result of the investigation, including but not limited to attorney's fees, legal fees, and expenses.
VI. SUBSCRIPTIONS AND PAYMENT
1. Internal payment currency – In order to unify the payment, we introduced an internal currency called the Bean. The actual value of 1 Bean is 10 US Dollars.
2. Monthly Subscriptions. Subscriptions are calculated monthly according to our price list at www.pixarnia.com/plans. Any service that requires monthly payment is called EXTRA service. We accept PayPal and all major credit cards through our PayPal account. For this reason, it is important that all of your account and payment information is correct and up-to-date so that there are no delays in using our platform or launching your marketing campaigns.
All the monthly services will be charged only once, at the date of standard monthly payment for your account. It is recommended to buy additional services on the same date when the monthly payment is charged. In case the EXTRA service is purchased in the middle or at the end of charging period, it is valid only to the date of the next standard monthly payment, and the rest of initial payment is not refunded.
3. Renewals & Cancellations. If you do not renew your subscription, your account will be set to FREE, and you will be unable to use any of the EXTRA services. If you do not want to use all pre-paid EXTRA services, just change the setup in your profile prior to the end of the pre-paid period.
4. Earning Beans. We offer a unique affiliate system, allowing our customers to earn Beans and pay for any services on Pixarnia.com. Read more in our Affiliate policy.
Customers can cancel their account at any time by providing a written email notice to our Customer Service Department, requesting a cancellation, or by using the cancellation menu option in their Pixarnia.com account. Please note, once your account is cancelled, you will no longer have login access to the Pixarnia.com platform.
Pursuant to Article 5 of the GDPR, it may take up to 30-60 days for our servers to populate and delete you from the system. Pixarnia.com may continue to retain limited information to determine that customers were properly deleted from the system. If you have made any payment to Pixarnia.com, we will keep financial records during the period required by our tax authorities, which is at least 5 years.
Pixarnia.com offers a thirty-day (30) money back guarantee if customers are unsatisfied with our platform or services. Customers must follow our Refund Policy in order to receive either a partial or full refund. Failure to follow these instructions will either delay or prevent a customer from receiving a refund.
A. Full Refund. In order to receive a full refund under our guarantee, you must send us a cancellation request within the first 30 days of registering with Pixarnia.com, and it must be:
1. In writing,
2. Include your: name, date, account number, and contact information, and
3. Reason for cancellation.
B. Partial Refund. If you want to cancel only certain services within the 30 days trial period, you must specify the services you want to cancel. Our accounting department will make you a partial refund of your payment just for the cancelled services.
If you purchased any promotion package and not satisfied with just some services, you must cancel the whole package, and we will refund you the whole price. If you want to keep some services, you must buy them separately again.
C. We do not refund your purchase after the period longer than 30 days or if you paid for the service at the middle or the end of your payment period (according to VI. Art. 2) and used the service not for a full month. Nevertheless, if you want to cancel the service, we will refund you, within 30 days, both the initial and also the second-month payment.
IX. RULES AND CONDUCT
Please Note: We have a Zero Tolerance Policy for Spam, harassment, bullying, obscenities, pornography, bigotry, copyright infringement, and theft.
Users and customers must not use our website or platform for any improper, illegal or prohibited purpose. You must not use the Pixarnia.com website in any way that could affect its availability or use or in connection with unlawful activity.
X. CUSTOMER SUPPORT
1. Support. Pixarnia.com provides support services 24 hours a day, 7 days a week, on a first-come-first-served basis. Customers are encouraged to send our Customer Service Department (at [email protected]) an email containing their username and account number, date, and a description of their challenge or problem. One of our qualified Customer Service Technicians will contact you within 24-48 hours.
2. Maintenance. We regularly conduct maintenance and system checks of our platform. In those instances, our platform may be down or inaccessible. If, for any reason, the platform, website or system is down for more than 24-48 hours, we will provide notice via our website as well as giving customers additional email credits on their account.
XI. THIRD PARTY SITES AND SERVICES
The Pixarnia.com website may redirect you to other websites or affiliates. If you click a link or follow a hyperlink to a third-party website, you agree that you are doing so at your own risk. We have no control over third party websites whatsoever. Therefore, we are not responsible, directly or indirectly, for any damages or losses that might happen as a result of your accessing or using a third-party website.
Third-party websites, vendors, and data recipients are required to assist Pixarnia.com with risk assessment and reporting breaches of security under Article 28 of the GDPR, but not all companies are subject to GDPR compliance. As a result, users and customers agree to hold our company, company owners, staff, employees, and agents harmless from risk, loss or damage as a result of using or accessing our website or any third-party link.
B. Pixarnia.com also reserves the right to terminate customer’s account if he/she is not cooperating, concerning the requests of its customers for data rectification/deletion. Any violation of GDPR without proper action might lead to the termination of the customer’s account.
Customers, Users, and Visitors agree to defend, indemnify, and hold harmless Pixarnia.com, it's owners, directors, employees, and agents from all third-party claims or losses, costs, actions, damages, expenses or liabilities that arise from or relate to your using or accessing our website, platform, content, or services. This also applies to unforeseen third-party claims.
XIV. LIMITATION OF LIABILITY
Customers understand and agree that they assume all responsibility and risk for using our website, platform, content, and/or services. Our company, its' owners, employees or agents will not be liable for any incidental, indirect, direct, punitive, exemplary or consequential damages. The term, "Damages," may include and is not limited to:
Loss of Profits,
Interruption of service,
Loss of business/personal information, and
Other losses, claims or damages.
XV. FORCE MAJEURE
Force Majeure means "any event" that might occur that is "beyond our control" or that of our User or Customer. Neither Pixarnia.com nor our customer shall be responsible for any failure to perform if it involves vandalism, fire, flood, strike, labour unrest, riot, act of civil or military authority, accident, acts or omissions of carriers or Act of God or other events beyond their control. When we become aware of any force majeure event, it will be posted on our website or sent via email for our customers. Any changes in our service or resumption in our service will be posted on the Pixarnia.com website.
2. Notice. The disputing party shall send the non-disputing party a thirty (30) day Notice of Intent prior to filing a Mediation claim, giving the parties the ability to resolve the dispute before Mediation. Notices shall be served as provided in Clause Number XVIII. Upon the filing of the complaint, Mediation shall be conducted via Act 420/2004 Laws of Slovakia.
3. Prevailing Party. The final decision of the Mediator shall be binding upon the parties, and the prevailing party shall be entitled to reimbursement of any costs and fees, including but not limited to attorney’s fees.
Pixarnia.com is eligible to send to all registered users and companies, using any service of Pixarnia.com, any marketing and technical information concerning:
system upgrades and improvements,
any information concerning the system maintenance,
any information concerning data loss or hacking system attempts,
any news concerning GDPR, and
any proposals concerning upgraded GDPR services.
Pixarnia.com will not send any marketing information to our customers' Email lists.
Any Notice that is required in this Agreement must be in writing and sent to parties as follows:
1. Notice can be delivered via email, fax, United States Postal Service or overnight/special courier. Customers can opt out of email notifications by sending a written email to our Customer Service Department at [email protected].
2. All other Notices are to be sent to the last known address or email address from Pixarnia.com user database or to the customer's last known address/email address.
If any clause or paragraph in this agreement is considered unenforceable or invalid under any law or statute or made invalid by an Order of a Court of law, the invalid or unenforceable clause shall not render the balance of this Agreement invalid. Any invalid provision shall be considered altered and interpreted, so it does not affect the rest of this agreement.