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Pixel8Earth Terms of Use

YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.

1. Acceptance of Terms.

The following terms and conditions govern all use of the http://pixel8.earth website and mobile application (the Site) and the services available on or at the Site (taken together, the Service). The Service is owned and operated by Pixel8Earth, LLC. (Pixel8Earth). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on this Site by Pixel8Earth. The Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. If you do not so qualify, do not attempt to use the Service. Pixel8Earth may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.

2. Modification of Terms of Use.

Pixel8Earth reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

3. Privacy.

Pixel8Earth's current Privacy Statement for the Pixel8.earth site is located on the Privacy Page and is incorporated into these Terms of Use. For inquiries in regard to the Pixel8Earth's Privacy Policy, or to report a privacy related problem, please contact privacy@pixel8.earth

4. Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. For purposes of the Terms of Use, "Content" includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Pixel8Earth or its partners on or through the Service.

By way of example, and not as a limitation, you shall not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Pixel8Earth in its sole discretion) an unreasonable or disproportionately large load on Pixel8Earth's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures Pixel8Earth may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.

You shall abide by all applicable local, state, national and international laws and regulations.

5. Registration.

As a condition to using Services, you may be required to register with Pixel8Earth and select a password and screen name (Pixel8.earth Screen Name). You shall provide Pixel8Earth with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Pixel8.earth account. You shall not (i) select or use as a Pixel8.earth Screen Name a name of another person with the intent to impersonate that person; (ii) use as a Pixel8.earth Screen Name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Pixel8.earth Screen Name a name that is otherwise offensive, vulgar or obscene. Pixel8.earth reserves the right to refuse registration of, or cancel a Pixel8.earth Screen Name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Pixel8.earth password. You shall never use another user's account without such other user's express permission. You will immediately notify Pixel8Earth in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

6. Third Party Sites.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Pixel8Earth's control, and you acknowledge that Pixel8Earth is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Pixel8Earth or any association with its operators. You further acknowledge and agree that Pixel8Earth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

7. Pixel8.earth Content Generally.

You agree that the Service contains Content specifically provided by Pixel8Earth or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Pixel8Earth in writing, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, Pixel8Earth hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content (excluding any software code); provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Pixel8Earth.

8. User Submissions.

The Service provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content (including, without limitation, information, data, and images) to the Service ("User Submissions"). By posting User Submissions on or at the Site or otherwise through the Service, you:

You shall not provide Pixel8Earth with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. Pixel8Earth does not endorse and has no control over any User Submission.

Pixel8Earth has no obligation to monitor the Site, Service, Content, or User Submissions. Pixel8Earth may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

9. Termination.

Pixel8Earth may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. No Warranties.

THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED "AS IS" AND "AS AVAILABLE AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Pixel8Earth, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT OR USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

11. Limitation of Liability.

IN NO EVENT SHALL Pixel8Earth, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. Indemnification.

You shall defend, indemnify, and hold harmless Pixel8Earth, its affiliates and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Pixel8Earth reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Pixel8Earth in asserting any available defenses.

13. International/Non-Washington D.C Use.

Pixel8Earth makes no representation that the Content is appropriate or available for use in locations outside of Washington D.C., and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

14. Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Pixel8Earth agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the District of Columbia, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in District of Columbia and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

15. Integration and Severability.

The Terms of Use are the entire agreement between you and Pixel8Earth with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Pixel8Earth with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

16. Miscellaneous.

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Pixel8Earth's prior written consent. Pixel8Earth may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

Unless otherwise indicated, all Content provided by Pixel8Earth is copyright © 2019 Pixel8Earth, LLC. All rights reserved.

The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.

Creative Commons

This Terms of Use document is derived from the Terms of Use published by http://www.swivel.com and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License

17. Contact.

You may contact Pixel8Earth at the following address:


Pixel8Earth LLC.

169 Roosevelt Ave.
Louisville, CO 80027
202-321-3914
Email: sean.gorman@Pixel8.earth
© 2019 Pixel8Earth