1. Account Creation
2. User Conduct and Obligations
You agree and undertake to Us that you shall:
(a) not use Our Services for any illegal or unauthorized purpose;
(b) not abuse, harass, threaten, or intimidate other users of the Services;
(c) not reverse engineer, decompile or disassemble Our Services;
(d) not copy, modify, adapt or hack Our Website and Services;
(e) not rent, lease, sublicense, sell, assign, a loan or otherwise transfer the Services;
(f) not upload, transmit or distribute any viruses, worms, or invalid data to Our Services and other users;
(g) not use Our Services to promote discrimination, hostility or violence;
(h) not impersonate another person or otherwise mispresenting your affiliation with a person conducting fraud, hiding or attempting to hide your identity;
(i) be responsible for your conduct and activities on the use of Our Services (including, any activity that occurs under Your account); and/or
(j) only use Our Services to produce, create, or reproduce works provided always that such production, creation or reproduction derives from materials which you own the copyright or materials you are legally authorized or licensed to use;
failing which, We reserve the right to discontinue, suspend or terminate Our Services to you and you shall irrevocably and unconditionally indemnify Us against all claims in accordance with Clause 13. You further agree not to hold Us liable for any direct or indirect losses or damages howsoever incurred by you arising out of or in connection with the discontinuance, suspension or termination of Our Services.
3. Fees and Taxes
The use of the Services is subject to payment of a fee(s), one-time or subscription as may be determined by Us from time to time (“Fees”) which shall be made via credit card or such other payment method as accepted by Us (“Payment Method”). If you wish to use these Services, whether, for commercial or personal use, you are required to pay all applicable and respective Fees in advance. If you purchase the Services that We offer, you agree to Our or Our third-party service providers, storing and updating your payment card information. You expressly agree (i) that We are authorized to charge you (A) the Fee, (B) any other Fees for the Services you may purchase, and any applicable taxes in connection with your use of the Services to the payment card you provide and (ii) to reimburse us for all collection costs and interest for an overdue amounts. We reserve the right to change, amend, modify or vary the price, package and/or features of the one-time and subscription plan. If We change the price and package of such subscription plan(s), We will give you notice in advance of these changes.
We will use all reasonable effort to ensure that the pricing and information for Our Services stated therein are accurate, however, there are possibilities due to the genuine error that the information of Our Services may be naccurate or any of Our Services may be priced wrongly. If such situations may arise, We reserve the right to take any appropriate action We deem necessary to rectify the same.
(b) Fee Changes
You understand that additional services that may be introduced in the future may be subject to additional fees. You further acknowledge and approve that We reserve the right to change Our Fees at any time, at Our sole discretion, upon notice to you if such changes affect your existing subscription. If you received a discount for a subscription fee, or any other promotional offer for a subscription fee We shall have the right to renew your subscription automatically and without further notice at the full applicable Fee.
(c) One Time Fee & Refunds
If you believe that you were charged in error, you may provide a written notice to email@example.com to request to cancel the Fee. Eligibility to cancel a Fee will be assessed by Us based on a number of factors, including without limitation, violations to Our License Agreement and improper usage of Our Services.
(d) Taxes and Currencies
All Fees for the Services shall be in U.S Dollars, except when and as specifically stated otherwise by Us. You shall have full and sole responsibility for all taxes and fees of any nature associated with Our Fees and Services, including any sales tax related to the purchase or sale of Services.
In order to ensure that you do not experience an interruption of the Service due to the lapse of the subscription period, the subscription will be based on an auto-renewal basis whereby it will automatically be renewed upon the end of the applicable subscription period (i.e. monthly basis or yearly basis) corresponding to the term of your subscription.
In the event your subscription begins on a day not contained in a given month, We shall bill you via the Payment Method on the last day of such month. For example, if you had subscribed to use Our Service and became a paying subscriber on 28 February, you shall be billed via the Payment Method on 31 March (if you had opted for a monthly subscription) or on 31 May (if you had opted for a quarterly subscription). You acknowledge that the timing of when you are billed and the amount billed via the Payment Method may vary, including for example due to free trials and other promotional offers, credits applied, changes in your subscription, and changes in applicable taxes, and you authorize us to charge you for the corresponding amounts.
If We offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, We will begin billing you for your subscription at the regular price after the promotion ends unless you cancel prior to the end of the promotion or unless otherwise disclosed in communications made available to you.
4. Cancellation of Subscription and Account Deletion
(a) Cancellation of Subscription
You may discontinue to use and request the cancellation of your subscription at any time. We shall not be liable for reimbursing you of any cancellation of your subscription fee have been paid by you. For example, if you have paid for twelve (12) months upfront, such amount shall be deemed forfeited.
You may cancel your subscription by going to “My Account” and following the instructions as stated therein.
(b) Account Deletion
You may also delete your account by going to “My Account” and following the instructions for the deletion of your account.
Upon the closure of your account and under your specific instruction for data erasure, we shall take all reasonable efforts to erase all data related to your account. We reserve the right to retain any data necessary under the applicable laws.
For the avoidance of doubt, upon such cancellation or discontinuance of your subscription and your account you shall not use the Service.
5. User Representation and Warranties
You hereby represent, warrant and covenant to Us that:
(c) your use of the content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
(d) the information you provide to Us is accurate and true, including without limitation all credit card information; and
(e) you agree that all passwords to your account are to be held in the strictest of confidence. You may not share or disclose any password or login information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, We shall be entitled to:
(iii) seek any legal or equitable remedies.
6. Our Rights
(a) Notwithstanding anything to the contrary, We may, at any time, with or without notice and without any cause or reason, immediately suspend, discontinue or terminate Our Services or your right to access and use Our Website.
(b) Further, We may or authorize a/the third party to run or display advertisements and promotions on Our Websites and Services. The manner, mode, and extent of such advertising and promotions are at Our sole and absolute discretion and/or authorized third party.
7. Intellectual Property Rights
You also agree that your content may be retained by us for a reasonable period of time for the purposes of: (i) improving or enhancing the Website and Services to you; (ii) analysing and measuring the effectiveness of the Website and Services; (iii) fulfilling contractual obligations; and for the (iv) compliance with legal obligations.
For the usage of artificial intelligence systems (“AI”), you understand and acknowledge that similar or identical creations may be created by other parties using their own prompts, and you also understand that all AI creations are fiction and are not intentionally related to a real person.
8. DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and it is accessible on this Service, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). To be effective under the DMCA, a notification of claimed infringement must be a written communication provided to Our designated agent that includes substantially the following:
The above information must be submitted as a written notification to Our Designated Agent at the email address: firstname.lastname@example.org.
Written notifications may also be sent to the below address, but please note there may be a significant delay in receiving your notice:
Pixlr Pte. Ltd.
Attn: Copyright Agent
11 Collyer Quay
#17-00, The Arcade (Office Suite#1715)
PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
NOTE: This information is provided exclusively for notifying Us that your copyrighted material(s) might have been infringed. Any other inquiries, including technical support requests, billing questions, reports of email abuse and third-party reports of piracy, will not receive a response through this process.
9. DMCA Counter Notifications
If you believe in good faith that your content was wrongly removed in response to a copyright complaint, you may send a counter-notification to Our Designated Agent, as mentioned in Clause 8 above, containing the following information:
10. Counter Repeat Infringer Policy and Takedown Policy
We are committed to complying with the DMCA and requires all users of the Service to comply as well. In order to protect the rights of copyright holders, We implemented a repeat infringer policy under which it may terminate the accounts of users who repeatedly violate the DMCA. Our repeat infringer policy is implemented seriously. A user may be a “repeat infringer” due to multiple copyright complaints against them within a certain period of time; however, We reserve the right to terminate a user upon receiving any number of DMCA notifications from content owners. If a user’s account is terminated pursuant to Our repeat infringer policy, the user will be notified.
Our Website and Service might use AI to generate creations, such creations may be unintentionally similar to copyrighted protected material or any real person. We respect rights holders internationally. If you believe your copyrighted work or image is being infringed by the Service, please send a takedown notice to email@example.com and we will process your request.
OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: (A) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE; AND (B) THE RESULTS OBTAINED, PRODUCED OR GENERATED FROM THE USE OF THE WEBSITE AND SERVICES WILL BE ACCURATE, RELIABLE OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND SERVICES ARE WITH YOU. THE USAGE OF AI IS A NEW TECHNOLOGY AND IT DOES NOT ALWAYS WORK AS EXPECTED. NO GUARANTEES ARE MADE AS TO THE QUALITY, ACCURACY, SUITABILITY AND RELIABILITY OF THE RESULTS.
12. Limitation of Liability
IN NO EVENT SHALL WE AND OUR AFFILIATES, DIRECTORS, EMPLOYEES OR ASSIGNEES, BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES). TANGIBLE OR INTANGIBLE LOSSES, EXPENSES, LIABILITIES UNDER ANY CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) CAUSED THROUGH THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE. CONTENTS, MATERIALS, SERVICES AND/OR THIRD-PARTY PRODUCTS.
YOU FURTHER AGREE AND ACKNOWLEDGE THAT WE HAVE NO CONTROL AND CANNOT UNDERTAKE RESPONSIBILITY OR LIABILITY IN RESPECT OF INFRINGING MATERIAL APPEARING ON LINKED SITES OR OTHER THIRD-PARTY SITES. ACCORDINGLY, WE SHALL NOT ASSUME ANY RESPONSIBILITY HOWSOEVER ARISING THEREOF.
YOU HEREBY IRREVOCABLY AGREE AND UNDERTAKE TO FULLY DEFEND AND INDEMNIFY US AND OUR EMPLOYEES, DIRECTORS, AND OFFICERS, AND ANYONE ELSE ASSOCIATED WITH US, AND EACH OF THEIR SUCCESSORS, LICENSEES, AND ASSIGNS FREE AND HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, LOSSES, DAMAGES, OR EXPENSES WHATSOEVER, INCLUDING ATTORNEYS' FEES AND EXPENSES,
HOWSOEVER ARISING FROM:
(b) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS (INCLUDING BUT NOT LIMITED TO, ANY COPYRIGHT, PRIVACY RIGHTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS);
(c) YOUR WILLFUL DEFAULT, NEGLIGENCE OR MISCONDUCT;
(d) YOUR USE OF OUR WEBSITE, SERVICES, CONTENTS AND/OR MATERIALS;
(e) YOUR VIOLATION OF ANY APPLICABLE LAW AND REGULATION; AND
(f) ANY PARTY’S ACCESS AND USE OF THE SERVICE VIA YOUR ACCOUNT.
(b) Third-party suppliers and applications
We may engage other companies to provide services for the Service, including hosting, the collection and processing of payments and the supply of components and features for the functionality of the Services. We may provide access to or make available additional third-party software or services. We do not make any representations or warranties, express or implied, regarding any third party software or service. They are provided only as a convenience to you and We do not endorse and is not affiliated with any third-party software or service. You agree that any use of third-party software or service is at your risk and subject to the terms applicable to that third-party software or service.
(c) Service Interruptions
You acknowledge and agree that there may be interruptions in your use of the Service, including planned downtime and unavailability caused by Internet service provider failures or delays, or any failures, delays or downtime caused by third-party supplier and applications.
(d) Responsibility for Your Content
We are not responsible for any of your content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever acridness networks not owned and/or operated by Us, including, but not limited to, the Internet, any third party applications used in connection with providing the Service, and your local network. You acknowledge and agree that you may permanently lose your content (as uploaded to the Service), including any changes made to your content by or for you during the use of the Service.
(e) Blocking a user, disabling an account or refusing to process a payment
We may block you, terminate your account or refuse to process a payment if We reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where We might do this include transaction where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where We reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by Us or Our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned person list. We may also block members from a country if We cannot make payments to or from
that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author.
(f) No Waiver
(g) No Partnership
(h) Force Majeure
(i) Entire Terms
(k) Governing Law and Dispute Resolution
or enjoining procedural orders or interlocutory awards.