Welcome to PIXEMBLE website www.pixemble.com” (“Site”) owned and operated by Pixemble Media LLP. (“PIXEMBLE”). This terms of use sets out the Terms and Conditions for use or access of this Site (“Terms and Conditions”) by any individual (“User/you”). PIXEMBLE may modify these Terms and Conditions or discontinue the Site at any time without any prior written notice. Any reference to the Terms and Conditions will mean a reference to the Terms and Conditions as amended or modified. The Site and its contents are designed to comply with the laws and regulations of India. Although accessible in other parts of the world, the Site and its contents are intended for access and use by Indian residents only.
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I. ACCESS AND USE OF THE SITE
i. Your Registration Obligations: You may be required to register with Site in order to access and use certain features of the Site. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to register and to use the Site.
ii. Modifications to Site: PIXEMBLE reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that PIXEMBLE will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
iii. General Practices Regarding Use and Storage: You acknowledge that PIXEMBLE may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that data or other content will be retained by the Site and the maximum storage space that will be allotted on PIXEMBLE servers on your behalf. You agree that PIXEMBLE has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site. You further acknowledge that PIXEMBLE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
II. CONDITIONS OF USE
i. User Conduct: In addition to any applicable guidelines or policies that may govern specific components of the Site, you agree to comply with the following conditions in using the Site. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise transmit via the Site. PIXEMBLE reserves the right to investigate and take appropriate legal action against anyone who, in PIXEMBLE ’s sole discretion, violates this provision, including without limitation, removing the offending content from the Site, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
ii. You agree to not use the Site to:
email or otherwise upload any content that is illegal as per the governing State or Central Law, including but not limited to, (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationships; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses or creates a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (f) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (j) in the sole judgment of PIXEMBLE, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose PIXEMBLE or its users to any harm or liability of any type;
iii. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
iv. violate any applicable local, state, national or international law, or any regulations having the force of law;
v. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
vi. solicit personal information from anyone under the age of 18;
vii. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
viii. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
ix. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
x. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.
xi. Commercial Use: Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
III. INTELLECTUAL PROPERTY RIGHTS
i. All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of Pixemble and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
ii. Unless you have entered into a separate agreement with Pixemble , such as a Royalty Free License Agreement, any other use of these Materials without Pixemble 's written permission is prohibited.
iii. The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
iv. We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
IV. Trademark Site Content, Software and Trademarks
i. You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by PIXEMBLE , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by PIXEMBLE from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by PIXEMBLE .
ii. The event name and logos are trademarks of PIXEMBLE and its affiliates or group companies (collectively the “PIXEMBLE ’s Trademarks”). Other trademarks used and displayed via the Site may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to PIXEMBLE . Nothing in this Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any PIXEMBLE ’s Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of PIXEMBLE ’s Trademarks will inure to our exclusive benefit.
V. Third Party Material
i. Under no circumstances will PIXEMBLE be liable in any way for any content or materials of any third parties (including founders, investors or other users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the your or third party who use of any such content and you will be liable and responsible for all or any third party claims in relation to the content posted and / or uploaded by you on the Site. You acknowledge that PIXEMBLE does not pre-screen content, but that PIXEMBLE and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted/uploaded on the Site. Without limiting the foregoing, PIXEMBLE and its designees will have the right to remove any content that violates these Terms of Use or is deemed by PIXEMBLE , in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
VI. User Content Transmitted Through the Site
i. With respect to the content or other materials you upload through the Site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant PIXEMBLE and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any event-related purpose in any form, medium or technology now known or later developed. However, please review the Privacy Policy located at hwww.pixemble.com/page/privacy , for more information on how we treat information included in applications submitted to us.
ii. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) provided by you to PIXEMBLE are non-confidential and PIXEMBLE will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment or compensation to you.
iii. Without limiting the foregoing, you acknowledge and agree that PIXEMBLE may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PIXEMBLE , its users and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
VII. Third Party Websites
i. The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third party applications. PIXEMBLE has no control over such sites, resources or applications and PIXEMBLE is not responsible for and does not endorse such sites, resources or applications. You further acknowledge and agree that PIXEMBLE will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that PIXEMBLE is not liable for any loss or claim that you may have against any such third party.
VIII. Indemnity and Release
i. You agree to defend, indemnify and hold harmless Pixemble , its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Site Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Pixemble Content, or your violation of any rights of another.
IX. Disclaimer of Warranties
i. Your use of the Site is at your own risk. The Site is provided by Pixemble under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Pixemble expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Pixemble makes no warranty that: (a) the Site will meet your requirements; (b) access to the Site will be uninterrupted; (c) the quality of the Site will meet your expectations; and (d) any errors or defects in the site, services or materials will be corrected. Pixemble makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Pixemble will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.
X. Limitation of Liability
i. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIXEMBLE ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, TURSTEES, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PIXEMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE; OR (d) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL PIXEMBLE ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE/VIDEO.
ii. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITEIF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER STATE OR CENTRAL LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
XI. Termination
i. You agree that PIXEMBLE, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, without assigning any reason for such termination or for any reason, including, without limitation, for lack of use or if PIXEMBLE believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities. PIXEMBLE may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. Termination of your use of Site will not terminate PIXEMBLE ’s rights to your User Content. Further, you agree that PIXEMBLE will not be liable to you or any third party for any termination of your access to the Site.
XII. Your Content
i. For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (a) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (b) Pixemble will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (c) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (d) Your Content complies with these Terms of Use and all applicable laws.
ii. By uploading Your Content, you grant Pixemble a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
iii. You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
iv. Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
v. Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
vi. Exploits minors;
vii. Depicts unlawful or violent acts;
viii. Depicts animal cruelty or violence towards animals;
ix. Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
x. Violates any law, statute, or regulation.
xi. You may not use any Pixemble Content for any purpose without first obtaining a license to use such Pixemble Content. Any use of Pixemble Content by you shall be governed by the applicable license agreement separately entered into between you and Pixemble . Displaying and/or distributing to the public any watermarked or unlicensed Pixemble Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
XIII. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Site and PIXEMBLE will have no liability or responsibility with respect thereto. PIXEMBLE reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.
XIV. General
i. These Terms of Use constitute the entire agreement between you and PIXEMBLE and govern your use of the Site, superseding any prior agreements between you and PIXEMBLE with respect to the Site. These Terms of Use will be governed by the Indian laws without respect to its conflict of laws principles.
ii. The failure of PIXEMBLE to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. You shall not assign this Terms of Use to anyone, however PIXEMBLE may assign or transfer this Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.
This User Agreement is an electronic record as per the Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
XV. Refund Policy
Except when required by law, Pixemble shall be under no obligation to issue refunds under any circumstances.
EFFECTIVE DATE : June 01, 2021