Terms & Conditions

The following terms and conditions were put together to help users better understand how their use of the PixelModo website will be governed (hereinafter referred to as “PixelModo”).

Your use and access of this website indicates that you accept these Terms and Conditions. If you do not agree, do not use the website. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic program, algorithm or methodology, or any similar or equivalent manual process, to access or copy or monitor any portion of the website.

PixelModo reserves the right to make changes, additions, corrections and editions to these Terms of Use in separate parts or in whole at any time. Such changes are legitimate and effective from the moment of their publication. If the User keeps on working with the Site after such changes have taken place, the User acknowledges his/her consent with them. If at any time the User can no longer conform to the rules and terms given below, he/she should immediately stop using the Site and its content.

1. Ownership and Property Rights

Except as expressly provided in these Terms and Conditions, no part of the website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without PixelModo’s express prior written consent. You are authorized to download and share unlimited copies of your designs for your personal or commercial use, provided that you maintain the copyright and other notices contained in that content.

2. User Information

In the course of your use of the website, you may be asked for personally identifiable information. We uphold rigorous standards to uphold the integrity of this information as outlined in our Privacy Policy. You are solely responsible for the accuracy and content of your user information. You are also responsible for maintaining the confidentiality of your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify PixelModo immediately of any unauthorized use of your account or password.

4. Notices

In the course of your use of the website, you may be redirected to third party websites. We have no responsibility for the content or information provided by or through third party websites even if they are affiliates of ours. Linking to third party websites does not imply our endorsement of that web website. We disclaim any liability for links to another website.

5. Fees & Payments

Premium products and services are offered on PixelModo. By selecting a premium account option, you agree to pay PixelModo the monthly or annual subscription fees for that service. Payments are charged on the day you sign up and will continue on a recurring basis until you cancel.

To be eligible for a refund, you must contact PixelModo’s support within thirty (30) days of signing up for a premium service.

6. PROCEDURE OF NOTIFICATION AND PRESENTATION OF INFRINGEMENT CLAIMS

PixelModo respects intellectual property laws and expects all users to follow the same principles. In the event the User believes his/her intellectual property has been copied and used in violation of his/her rights or User’s intellectual property rights have been breached otherwise, he/she should submit a written communication to PixelModo including the following information:

Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question; Description of the work or other kind of intellectual property belonging to the owner that the User claims has been breached; Description of the place at the Site where this material was placed; The email address, phone number and physical address of the User; The User’s application including a reasonable supposition that the disputed usage is not allowed by the law or copyright owner; A statement corresponding to one made under oath that the information presented by the User is reliable and correct and that the statement author is a person who is authorized to act on behalf of the copyright owner or is the owner himself/herself. The letter including all of the above data should be addressed to the PixelModo and submitted through Contact us section or by email at [email protected]

7. INDEMNITY

Consenting to these Terms of Use, the User agrees to indemnify, defend and hold PixelModo, its affiliates, its Content contributors and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "PixelModo Parties") harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any PixelModo Party as a result of, or in connection with, any breach or alleged breach by the User or anyone acting on the User’s behalf of any part of these Terms of Use, including but not limited to the following cases:

Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question; Description of the work or other kind of intellectual property belonging to the owner that the User claims has been breached; Description of the place at the Site where this material was placed; PixelModo reserves the right to assume the control and defense of any matter or require compensation or indemnification from the User at the expense of the User. In these case the User agrees to cooperate with PixelModo’s defense in case of such claim.

8. TERM, GROUNDS AND PRINCIPLES OF TERMINATION

These Terms of Use is effective until the moment of its termination. For such purpose at any time the User should send a message using the Site’s Contact form or by any other written form appropriate for him/her, which identifies the User and confirms the User’s intention to notify PixelModo regarding the desire to terminate these Terms of Use. PixelModo reserves the right at its discretion to suspend, terminate or restrict the User's right to access to all or some content and resources of the Site at any time, for any reason and without proofs or prior notices.

PixelModo has the ability and right to suspend, terminate or change any part of the Site or the Site in the whole, its functions, resources or databases without prior notification or additional liabilities.

PixelModo also retains the right to suspend or fully terminate access of the User to the Site, files or designs in case of absence of activity from the User over an extended period of time, which may be interpreted as the User’s inability to gain access to the Site.

Termination of these Terms of Use does not indicate automatic exemption of liability and obligation of reimbursement of debts to PixelModo in accordance with the provisions of these Terms of Use or other liabilities of the User, namely: not to use the Site, files, designs or other content presented within its resources by ways other than those permitted with the terms and provisions of these Terms of Use that were valid by the moment of said use. These Terms of Use will be terminated without derogations or impairment to the rights of PixelModo, limitations and defense of liabilities provided in accordance with the terms of these Terms of Use, which defense, limitations of liabilities and rights shall survive termination of these Terms of Use.

Upon termination of the User profile and his/her access to the Site files and designs, the User confirms his/her consent to forfeit all credits remaining at his/her account.

9. DISCLAIMER

THE SITE, SITE CONTENT AND SERVICES ARE PROVIDED "AS IS", WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SITE CONTENT IS PROVIDED PURELY AS USER-GENERATED CONTENT AND SHALL NOT BE SUBJECT TO MANDATORY SUPERVISION OR INTERFERENCE OF PixelModo. USERS ALWAYS USE THE SITE, SITE CONTENT AND SERVICES AT THEIR OWN RISK.

PixelModo HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO EACH AND ANY SITE CONTENT AND SERVICE MADE AVAILABLE AT ANY TIME, INCLUDING, BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, COMPATIBILITY, CURRENTNESS, INTEGRATION, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, SIMPLE USAGE AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY APPLICABLE LAW. PixelModo MAKES NO COMMITMENTS ABOUT THE SITE, SITE CONTENT AND SERVICES.

MOREOVER, PixelModo FURTHER DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS THAT:

ACCESS TO THE SITE, SITE CONTENT AND SERVICES WILL BE UNINTERRUPTED AND ERROR-FREE AT ALL TIMES; SITE, SITE CONTENT AND SERVICES WILL MEET USER’S EXPECTATIONS, WILL BE SATISFACTORY TO USER’S NEEDS AND REQUIREMENTS OR WILL BE UNINTERRUPTED AND ERROR-FREE; RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SITE CONTENT AND SERVICES WILL BE EFFECTIVE OR RELIABLE; ANY ERRORS OR DEFECTS IN SITE, SITE CONTENT AND SERVICES WILL BE CORRECTED BY PixelModo; SITE, SITE CONTENT AND SERVICES WILL BE PERMITTED IN ANY JURISDICTION; SITE, SITE CONTENT AND SERVICES WILL BE FREE OF VIRUSES, SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES AND/OR ANY OTHER HARMFUL COMPONENTS; SITE, SITE CONTENT AND SERVICES WILL BE INTEROPERABLE WITH USER’S HARDWARE AND SOFTWARE; ANY OF USER-GENERATED CONTENT WILL BE AVAILABLE THROUGH THE SITE OR WILL BE STORED (TEMPORARY OR PERMANENTLY) AS A SITE CONTENT; ANY DOCUMENTS REGARDING SITE, SITE CONTENT AND SERVICES WILL BE AVAILABLE AT ANY TIME; PixelModo WILL CONTINUE TO SUPPORT ANY PARTICULAR SERVICE OR FEATURE OF THE SITE AND SITE CONTENT. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH USER FIRST USED THE SITE, SITE CONTENT AND SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

AS LONG AS SITE CONTENT AND SERVICES PROVIDE YOU WITH DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM, NO WITHDRAWAL OF THESE TERMS OF USE BY USER SHALL BE POSSIBLE UNDER ANY CONDITIONS.

10. LIMITATION OF LIABILITY

The User confirms that he/she understands and accepts responsibility and assumes all risk resulting from use of the Site, without limitations.

PixelModo, its employees, management, partners, shareholders, and agents are not responsible for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses in connection with claims of any kind, losses, petitions, actions or other events arising out of these Terms of Use, as well as out of its jurisdiction, including without limitations the Site navigation, use, access to any files, designs or their parts, as well as any rights included even if PixelModo was advised of the theoretical possibility of such damages, regardless of whether the event and failure happened because of infringement on intellectual or other property, was based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.

TOTAL AGGREGATE LIABILITY AND INDEMNIFICATION OF PixelModo IN CONNECTION WITH THE USE OF THE SITE, IN WHOLE OR IN PART, OR ITS CONTENT IN MONEY EQUIVALENT SHALL NOT EXCEED TEN US DOLLARS ($10.00).

If effective laws and normal acts do not allow exclusion of liability and limitations to the full extent for indirect or casual damages, all above-stated limitations and exclusions shall not by applied to the User. In case of a situation falling under such jurisdiction, the liability of PixelModo or any of its employees, directors, shareholders, partners, license holders or agents shall be limited to the maximum value permitted by the law.

11. AGE AND RESPONSIBILITY

Site, Site content and services are neither intended to be used by minors and persons under age of 18, nor designed and intended to willfully and knowingly collect, use, or disclose any personal information from minors and persons under age of 18. PixelModo will immediately remove personal information from children and/or search to obtain a verifiable parental consent for the collection use, or disclosure of personal information from children, once it will come to PixelModo’s attention that any personal information from children was submitted or collected through the Site.

The User confirms and warrants that he/she has reached the age of 18, has all the sufficient for usage of the Site and is bound by legal obligations sufficient for any liability that can appear as a result of usage of the Site files or designs. The User agrees to bear full responsibility for all cases of the Site usage without distinction, as well as for use of his/her login and password by third parties including minors and persons under age of 18 living with him/her.

12. GENERAL PROVISIONS

The User confirms that, in addition to these Terms of Use, he/she has familiarized himself/herself with the Terms of Use and other agreements that are referenced in these Terms of Use, and agrees with the restrictions which they impose.

Absence of a result of actions performed by PixelModo for organization or control of accurate implementation of the provisions of this or affiliated agreements shall not and cannot be construed as waiver of any rights or provisions.

User shall not be allowed to assign these Terms of Use and/or transfer User’s rights and obligations under these Terms of Use fully or partly to any third parties. PixelModo shall be free to assign these Terms of Use and/or transfer User’s rights and obligations under these Terms of Use fully or partly to any third parties upon PixelModo sole and absolute discretion.

13. CONTACT INFORMATION

For any questions in connection with the provisions of this document, please contact PixelModo at [email protected]

14. ACKNOWLEDGEMENT

IN ACCEPTING THESE TERMS OF USE, THE USER ACKNOWLEDGES THAT THE USER HAS READ THESE TERMS OF USE, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF PIXELMODO AGREEING TO PROVIDE THE CONTENT, THE USER AGREES TO BE BOUND BY THESE TERMS OF USE. THE USER FURTHER AGREES THAT THESE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE USER AND PIXELMODO, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND PIXELMODO RELATING TO THE SUBJECT OF THESE TERMS OF USE.

BY ACCEPTING THESE TERMS OF USE, THE USER ALSO ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD ALL OTHER RELATED AGREEMENTS LISTED BELOW, WHICH CAN BE FOUND ON THE WEBSITE, AND ACCEPTS ALL THE TERMS AND CONDITIONS OF SAID AGREEMENTS: