This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version prevails as the controlling version for any interpretation purposes.
Your use of the Site provides your acknowledgement and agreement that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular message is electronically encrypted.
Visiting the Site or sending emails to Pixsi constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and not on the Site, satisfy any legal requirement that such communications be in writing.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computing device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pixsi is not responsible for third party access to your account that results from theft or misappropriation of your account. Pixsi and it associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Pixsi does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18 years of age, you may use the Site with the permission of a parent or guardian.
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Pixsi and Pixsi is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pixsi is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pixsi of the Linked Site or any association with its operators.
Certain services and information made available via the Site are delivered by third party sites and organizations. By using any product, service, information or functionality originating from the Pixsi Site, you hereby acknowledge and consent that Pixsi may share such information and data with any third party with whom Pixsi has a contractual relationship to provide the requested product, service, information or functionality on behalf of Site users and customers.
All content include as part of the Site, or any Service delivered through the Site, such as text, graphics, logos, images as well as compilation thereof, and any software used on the Site, is the property of Pixsi or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pixsi content, and any information delivered via Pixsi, is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pixsi and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Pixsi does not grant you any licenses, express or implied, to the intellectual property of Pixsi or our licensors except as expressly authorized by these Terms.
The Site or Service is controlled, operated and administered by Pixsi from our offices within the United States of America. If you access the Site or Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pixsi content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Pixsi, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to se the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pixsi reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pixsi in asserting any available defenses.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar equivalent manual process to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Pixsi reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems, or networks connected to the Site or to any Pixsi server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Pixsi, including any Pixsi account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Pixsi’s systems or networks, or any service providing such infrastructure to Pixsi, connected to the Site or to Pixsi.
You agree not use any device, software or routine to interfere or attempt with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin or any message or transmittal you send to Pixsi on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES OR PERIODICALLY ADDED TO THE INFORMATION HERE. PIXSI, LTD. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. PIXSI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
PIXSI, LTD. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABLE, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PIXSI, LTD. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Pixsi reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, USA and you hereby consent to the exclusive jurisdiction and venue of the courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pixsi as a result of this agreement or use of the Site. Pixsi’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pixsi’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pixsi with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pixsi with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pixsi with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be originally written in English.
Pixsi or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Pixsi or any of its employees. So, please do not send your unsolicited ideas to Pixsi or anyone at Pixsi. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Pixsi makes no assurances that your ideas and materials will be treated as confidential or proprietary.
You and Pixsi agree that any dispute, claim or controversy arising out of or relating in any way to the Site, these Terms, Privacy Statement and this Arbitration Agreement, shall be determined by binding arbitration in Cuyahoga County, Ohio, instead of in courts of general jurisdiction. 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 a court can award. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pixsi are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Pixsi membership.
YOU AND PIXSI AGREE THAT EACH 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 PROCESSING. Further, unless both you and Pixsi agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Pixsi reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Pixsi encourages you to periodically review the Terms to stay informed of our updates.
Pixsi welcomes your questions or comments regarding the Terms: Pixsi, Ltd., 8584B East Washington Street PMB #129 Chagrin Falls, Ohio 44023, USAThe information contained in this site is subject to change without notice. Copyright 2015 Pixsi Ltd. All rights reserved.
Last updated by the Pixsi Legal Team on July 4, 2015.
Pixsi is used by many people, and we serve those who have chosen to trust us. In exchange, we trust you to use our services responsibly.
You agree not to misuse the Pixsi services ("Services"). For example, you must not, and must not attempt to do the following:
Pixsi (“Pixsi”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Pixsi will respond expeditiously to claims of copyright infringement committed using the Pixsi online services or mobile device apps (the “Site”) if such claims are reported to Pixsi’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Pixsi’s Designated Copyright Agent. Upon receipt of Notice as described below, Pixsi will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
Deliver this Notice, with all items completed, to Pixsi’s Designated Copyright Agent:
8440 East Washington Street PMB #129
Chagrin Falls, Ohio 44023
The following is provided for informational purposes only for consumers and businesses who wish to use a Pixsi online service or device application, and/or engage with each other via Pixsi, and should not be construed as legal advice. If you need legal advice, contact a lawyer.
Copyright law protects original works, such as websites, books, music, paintings, photos and video. A work is “original” if it contains some elements you created and did not borrow from others. Typically, when you create an original work, you own the copyright. As the copyright owner, you can control how others use your work. For example, if you write a movie script, you have the right to, and can prevent others from, copying your script, sharing it with others (“distributing it”), making a movie or book from your script (a “derivative work”), or publicly performing your script as a play or movie. You also have the ability to sell or give away these rights. In other words, you could sell the right to make a movie based on your script to a movie studio.
If you use someone else’s copyrighted materials without permission, that use generally violates the copyright owner's exclusive rights, and is copyright infringement. So if you create a new work and include parts of other people’s works in it (such as an existing photo, lengthy quotes from a book or a loop from a song), you must own or have permission to use the elements you borrow. For example, if your script is based on an existing popular series, you should obtain permission to use the elements you borrow from the series.
Copyright law is different from the law of personal property. If you buy a physical object, such as a movie on DVD, you own the physical object. You do not, however, obtain ownership of the “copyrights” (the rights to make copies, distribute, make derivatives and publicly perform or display) in the content of the movie. The fact that you have obtained physical possession of a DVD does not automatically grant you the right to copy or share it.
If you make your own movie, it may include many copyrighted works in it. So, if you decide to make a movie based on your script, you must either create all elements of it on your own, or have permission to use the elements you borrow. Especially keep in mind that photos or artwork hanging on the walls of your sets and music on the soundtrack (even if you own the original music track physically or digitally) may be copyrighted. You should not include copyrighted works such as these in your movie without authorization.
A few other things to keep in mind are:
Just because a work is freely available, does not mean it is in the “public domain.” If it doesn’t say it’s in the public domain, assume it isn’t. Copyright is for a limited term; it does not last forever. In the copyright context, “public domain” means the copyright term has expired. Once a work is in the public domain, it may be freely used without permission from the copyright owner. However, most things you find on the Internet, be they photos, drawings, paintings, writings, etc. were created for the Internet, which for all practical purposes, has been around since 1995, when the web began to see widespread use. Accordingly, you should assume copyright lasts forever, because it lasts way longer than twenty years. Way longer.
Also, you should understand that when you save a website in Pixsi, generally you are saving a URL, not the actual web site. The URL is not protected by copyright.
Determining the term of copyright can be complex, particularly because copyright laws vary from country to country. Also, even if the copyright on a work has expired, you should be careful about how you use a public domain work. For example, a book may be in the public domain, but it might not be ok to scan the book cover to cover and post it on the Internet. This is because the particular version of the book may contain new copyrightable material that is not in the public domain, such as cover art or footnotes.
In limited situations, you can use copyrighted works without permission from the copyright holder. It can be difficult to figure out whether use of copyrighted works without permission is legal, though, because the laws in this area are often vague and vary from country to country.
The copyright law in the United States has a doctrine called “fair use”. Fair use provides a defense to copyright infringement in some circumstances. For example, fair use allows documentary filmmakers to use very short clips of copyrighted movies, music and news footage without permission from the copyright owner. Fair use is a difficult concept because determining whether something is a fair use involves weighing four factors. Unfortunately, weighing the fair use factors rarely results in a clear-cut answer.
Rather than applying a fair use test, many other countries have specific exceptions to copyright infringement. The number and type of exceptions vary by country, but they frequently allow copyrighted materials to be used without permission from the copyright holder for activities such as nonprofit research, teaching, news reporting, or private study.
If you incorrectly decide that something is a fair use or falls into an exception to copyright infringement, you could be held criminally and civilly liable and have to pay damages. We suggest you talk to a lawyer if you have questions regarding fair uses of copyrighted works. Unfortunately, they probably won’t answer that one on the phone.
By law, we are required to take down videos, music, photographs or other content you upload onto an Internet-based service hosted by Pixsi if we learn that it infringes someone else’s copyright. If you believe that we have mistakenly taken down content you uploaded that you own or have permission to upload, you can also let us know that. Finally, if you upload infringing content repeatedly, we will terminate your account and you could face criminal and civil penalties. So please, respect other people’s copyrights.
If you believe that anything on a website or app hosted by Pixsi infringes your copyright, let us know. Just provide us with the necessary information as set forth above, and we will see that your copyrighted works are taken down.
Our online services allow you to share content you create, such as video, music and photographs. Though there is no way for us to ensure that your content will not be misused when you share it online, you may consider making it available under a Creative Commons License.
Creative Commons licenses are a simple way for you to let people know what uses they can make of your creative works and under what conditions. Creative Commons licenses are customizable based on your preferences and are automatically generated through the use of an online form. The form includes questions such as whether your work may be used only for non-commercial purposes and whether the work may be modified. As such, a variety of licenses are possible. For example, an “attribution only” license allows others to make any use of your work as long as they indicate that you are the copyright holder.
Creative Commons is continually developing new licenses tailored to needs identified by creative people like you. To learn more about Creative Commons, or to prepare a Creative Commons license, visit their website (http://creativecommons.org).
Pixsi responds to copyright infringement notices in the order in which we receive them. We will email you a confirmation that we have received your notice. If Pixsi decides to remove the offending material, we will notify the person who posted the material, give them access to the notice as well as instructions on how to file a counter-notice, and provide a copy to Chilling Effects. We will also clearly mark where material has been removed.