Terms & Conditions

Welcome to Pixelsmithstudios.com, a website and online service (collectively the “Service” or “Pixelsmith Studios”) of Pixelsmith Studios and/or any of its affiliates (“PXS,” “we,” “us,” or “our”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the Service. This page explains the terms by which you may use our online and/or mobile services, websites (including any subdomains), services, and software provided on or in connection with the Service. By using the website, creating an account and checking the “I agree” (or similar) box, or otherwise accessing or using the Service, you (1) agree that you have read, understood, and agree to be bound by the terms and conditions of these Terms of Service, including the License Terms (collectively, the “License”), which constitute a binding agreement with us, and (2) also that you have read and acknowledge the collection and use of your information as set forth in our privacy policy (the “Privacy Policy”), whether or not you are a registered user of the Service. These Terms apply to all visitors, users, buyers, sellers and others who access the Service (“User(s),” or “you,” or “your”). If you open a Pixelsmith Studios account on behalf of an organization or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

 

PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE.

PLEASE NOTE: SECTION 19 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

If you have any questions, please don’t hesitate to contact us using our Support Form.

  1. Use of Our Service. Pixelsmith Studios provides a creative community and marketplace where Users can buy and sell design items, such as fonts, brushes, icons, and other digital assets (“Assets”). Our Service allows for a buyer (“Buyer”) to purchase limited licenses (in accordance with the applicable license agreement) to use Assets from shops opened on Pixelsmith Studios by independent creators (“Shop Owners”). References to “buying” or “purchasing” Assets means buying or purchasing limited licenses to those Assets.
    1. Eligibility. You may use the Service only if you can form a binding contract with Pixelsmith Studios, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Pixelsmith Studios.
    2. License Terms. Your use of any Assets is subject to the applicable License (outlined in General Licenses.) We offer different license types, so it is important that you carefully review the rights and restrictions of the License that applies to the Assets before you purchase a license. In the event of a conflict between the License applicable to you and these Terms, the License will apply to the extent of that conflict.
    3. Pixelsmith Studios Service. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your use only as permitted by the features of the Service and by these Terms. Pixelsmith Studios reserves all rights not expressly granted herein in the Service and the Pixelsmith Studios Content (as defined below). Pixelsmith Studios may terminate this license at any time for any reason or no reason.
    4. Pixelsmith Studios Accounts. Your Pixelsmith Studios account gives you access to the services and features that we may establish, maintain, and modify, from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. By connecting to Pixelsmith Studios with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You are responsible for tracking all activity on your own account, and you agree to the following:
      1. To store all passwords and usernames securely.
      2. To notify Pixelsmith Studios of any unauthorized use or security breach. Pixelsmith Studios will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.
      3. To never share login details or account access with clients or team members.
      4. To accept responsibility for activity that occurs under your account(s).
      5. To never transfer or “sell” your account to another person.
    5. Monitoring and Enforcement; Termination. Pixelsmith Studios reserves the right to monitor downloads and user activity to ensure compliance with the terms of these Terms and the applicable License, which it may update from time to time.We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. We may remove or refuse to post any User Content (defined below) for any reason or no reason in our sole discretion. Upon termination for any reason or no reason, you continue to be bound by these Terms.
  2. Notifications and Emails. By providing Pixelsmith Studios your email address, you consent to Pixelsmith Studios using the email address to send you Service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the Service and special offers (“Newsletters”). Pixelsmith Studios may provide other notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by Pixelsmith Studios in our sole discretion (in accordance with applicable law). Pixelsmith Studios reserves the right to determine the form and means of providing notifications to our Users. Pixelsmith Studios is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You can manage your account on your account settings page.
  3. Service Rules. You agree not to engage in any of the following prohibited activities:
    1. Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”.
    2. Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Pixelsmith Studios servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Pixelsmith Studios grants the operators of public search engines revocable permission to use spiders to copy materials from Pixelsmithstudios.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
    3. Transmitting spam, chain letters, or other unsolicited promotional email.
    4. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
    5. Taking any action that imposes- or may impose, as we determine at our sole discretion- an unreasonable or disproportionately large load on our infrastructure.
    6. Uploading invalid data, viruses, worms, or other software agents through the Service, including through any User Content.
    7. Collecting or harvesting any personally identifiable information, including account names and emails, from the Service.
    8. Using the Service for any commercial solicitation purposes.
    9. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.
    10. Interfering with the proper working of the Service.
    11. Accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
    12. Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
    13. We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
  4. User Content.
    1. Some areas of the Service allow Users to post content outside of Assets for sale, such as profile information, screenshots, comments, images, files, and other content or information. Any such material a User submits, posts, displays, or otherwise makes available on the Service is “User Content”. User Content includes, without limitation, logos, trademarks and service marks, trade names, and other information posted by users, which may be used by Pixelsmith Studios for marketing and promotional purposes pursuant to the User Content license grant below. You agree to abide by the Pixelsmith Studios Site Content Guidelines (which we may modify from time to time) when you post User Content and interact with other Users of the Service. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Pixelsmith Studios has no liability for your interactions with other Users, or for any User’s action or inaction.
    2. User Content License Grant.
      1. To Pixelsmith Studios. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Pixelsmith Studios a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Pixelsmith Studios business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
    3. Additional User Content Prohibitions. You agree not to post User Content that:
      1. is pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, or User Content that:
      2. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
      3. may create a risk of any other loss or damage to any person or property;
      4. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
      5. may constitute or contribute to a crime or tort;
      6. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
      7. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
      8. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
      9. contains any information or content that you know is not correct and current; or
      10. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  5. Resolution Process for Transactions. All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. Our Service hosts the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the product listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used. Should you file a chargeback or dispute on a purchase you have made on Pixelsmith Studios, we reserve the right to close your account without notice (in compliance with applicable laws and rules).
  6. Our Proprietary Rights. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to Pixelsmith Studios, other Users, and other licensors to Pixelsmith Studios (the “Pixelsmith Studios Content”), and all Intellectual Property Rights related thereto, as between you and Pixelsmith Studios, are the exclusive property of Pixelsmith Studios and its licensors (including that of other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Pixelsmith Studios Content. Use of the Pixelsmith Studios Content for any purpose not expressly permitted by these Terms is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pixelsmith Studios under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Pixelsmith Studios does not waive any rights to use similar or related ideas previously known to Pixelsmith Studios, or developed by its employees, or obtained from sources other than you.
  7. Fees and Paid Services.
    1. Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the posted pricing and payment terms as we may update them from time to time. Pixelsmith Studios may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.
    2. Account Cancellation. You may cancel your account at any time; however, should you cancel your account, you will not be granted a refund upon cancellation. In the event that Pixelsmith Studios suspends or terminates your account or these Terms for any reason, you understand and agree that you shall receive no refund or exchange for any Pixelsmith Studios Property, any credits you have saved, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
    3. Refund Policy: You agree that all refunds are at the sole discretion of Pixelsmith Studios. Pixelsmith Studios has no obligation to refund amounts paid to license digital Assets, including but not limited to if Pixelsmith Studios finds that the Asset has been downloaded by the User. You agree to Pixelsmith Studios’s full Refund & Exchange Policy, which we may modify from time to time in our sole discretion.
      1. In the event Pixelsmith Studios makes an exception and issues a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant product files from any and all places you have distributed the files to and all computers you have downloaded them to.
      2. You also understand and agree that once a refund is requested, you are not permitted to exploit the product files (Assets) in question, and immediately upon receipt of a refund, all licenses to such product files and underlying content are revoked, and you are not authorized to use the product in any form or for any purpose whatsoever.
  8. Payment Information and Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
  9. Privacy. We care about the privacy of our Users. Click here to view our Privacy Policy. You understand that by using the Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed in the South Africa.
  10. Consent and Collection and Use of Data.
    1. Asset Purchases. If you are a Buyer who purchases an Asset, you acknowledge and agree that the Shop Owner will have access to purchase information including the username you selected (which is publicly visible on the Service) along with the Asset you purchased and the date you purchased it (“Purchase Information“) and you direct Pixelsmith Studios to make Purchase Information available to the applicable Shop Owner; the Shop Owner will also have access to any other information you choose to make publicly available on the Service (through your Pixelsmith Studios public profile page), but will not have access to any credit card information or email address. If you are a Shop Owner, you may use Purchase Information solely to make available the Asset to the Buyer through the Service and provide directly related support; you may not sell any Purchase Information; and you may not further retain, use, or disclose personal information for any other purpose, except to the extent required by law.
    2. Consents. You consent to the collection, use, processing, and storage of your personal information as described in the Privacy Policy. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws, related to personal information provided to us in connection with your use of the Service.
    3. Third Party Services. Please be aware that (among other things) third parties (such as social media platforms or other company websites that we link to online or from our web sites and applications) are responsible for their own privacy practices. Be sure to read the privacy policies, supplemental notices, and settings of all websites or platforms that you visit so you can understand their privacy practices and your options.
    4. Sensitive Personal Information. You agree to only provide tax and payment information in the specific areas of our website provided to collect that information. You agree not to provide any other Sensitive Personal Information. You acknowledge that any data storage functionality of the Service is not intended for the storage of medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, “Sensitive Personal Information”). You agree to only upload or otherwise submit any Sensitive Personal Information to us in connection with the Service if required for billing, payment, or taxes. You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.
  11. Security. Pixelsmith Studios cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your User Content and personal information at your own risk. You are fully responsible for all interaction with the Service that occurs in connection with your registration information (including, without limitation, all purchases). You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account or the Service, and to ensure that you “log off”/exit from your account with the Service (if applicable) at the end of each session. Please see Section 1 (“Use of our Service”) for requirements on managing Pixelsmith Studios accounts. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. If you sign into the Service using a third-party social networking platform account, be sure to review the privacy and data usage policies of such platform to learn more about its personal information practices and your options, as they may differ from those governed by our Privacy Policy and these Terms.
  12. Storage Practices and Limits. There is limited storage space for User Content on the Service. While we’ll make efforts we believe are reasonable to safeguard and backup User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any User Content or Assets. We reserve the right to mark or treat as “inactive” and archive accounts and/or User Content or Assets that are inactive for an extended period of time, as determined by us. We reserve the right to change our practices and storage rules at any time in our sole discretion with or without notice to you.
  13. Third-Party Links. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pixelsmith Studios. Pixelsmith Studios does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such sites. You expressly relieve Pixelsmith Studios from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of Assets, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Pixelsmith Studios shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
  14. Indemnity. You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify and hold harmless Pixelsmith Studios and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (individually and collectively, “Our Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) suffered or incurred by Our Parties by reason of any claim, suit or proceeding (“Claim”) arising out of or in connection with:
    1. Your use of and access to the Service, including any data or content transmitted or received by you.
    2. Your violation of any term of these Terms or any Policies (defined below), including without limitation your breach of any of the representations and warranties above.
    3. Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights.
    4. Your violation of any applicable law, rule or regulation.
    5. Any claim or damages that arise as a result of any of your User Content or any that is submitted via your account.
    6. Any other party’s access and use of the Service with your unique username, password or other appropriate security code.
    7. The violation of any third-party right of a product you purchase on the site. If we request that you defend a Claim, You will not agree to any settlement without our prior written consent, and we will have the right to participate, at our own expense, in the defense of any Claim with counsel of our own choosing. “Policies” mean collectively License Terms, Affiliate Terms, Shop Terms, Privacy Policy and all other terms incorporated into these Terms by reference.
  15. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PIXELSMITH STUDIOS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. PIXELSMITH STUDIOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PIXELSMITH STUDIOS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PIXELSMITH STUDIOS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
  16. DISCLAIMER OF DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL OUR PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIXELSMITH STUDIOS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
    1. ERRORS, MISTAKES, TYPOGRAPHICAL ERRORS, OR INACCURACIES OF CONTENT.
    2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE.
    3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
    4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE.
    5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.
    6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
  17. LIMITATION OF LIABILITY. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) ALL AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO MATTER WHEN PAYMENTS WERE ACTUALLY MADE). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IS NOT INTENDED TO, NOR DOES IT, REQUIRE THE RELINQUISHMENT OF ANY NON-WAIVABLE RIGHT AFFORDED TO YOU BY LAW.
    SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    The Service is controlled and operated from its facilities in South Africa. Pixelsmith Studios makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations, and all laws related to protection and transfer of data and personal identifiable information.
  18. Governing Law and Jurisdiction. Subject to the other terms and conditions of these Terms, you agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be governed by and construed in accordance with the laws of South Africa).
  19. Export Control. You acknowledge and agree that your use of the Service is subject to compliance with South Africa and other applicable country export control and trade sanctions laws, rules and regulations. You agree that you will not use the Service to disclose, transfer, download, export or re-export, directly or indirectly, Your Content or any other content or material to any country, entity or other party which is ineligible to receive such Assets under the Export Control Laws or under other laws or regulations to which you may be subject.
  20. Communications.
    1. Confidentiality. By using the Service you agree you may acquire certain proprietary and confidential information (collectively, “Confidential Information”). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep such information confidential. This provision includes any materials exchanged in arbitration, except to the extent necessary to enforce an arbitral award.
  21. Entire Agreement. These Terms (including, without limitation, the Policies and License) contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and any third party software license agreement or service level agreement that contain a link to the Service, the terms and conditions of these Terms will control, except: the Privacy Policy will control to the extent that it expressly overrides these Terms.
  22. Changes or Updates to these Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately unless we indicate a different effective date when we post them. If you don’t agree with any material changes or updates we make to these Terms, you must notify us of that fact by sending an email to us at [email protected] within thirty (30) days after the effective date of the change (“Effective Date”). Notifying us in this way will terminate the updated terms and conditions as to your use of the Service and the terms and conditions that apply to you will be the terms and conditions in effect immediately before the change (unless the change made was made to comply with applicable law) and those terms and conditions will be in effect until thirty (30) days after the Effective Date (the “End Date”). The End Date will be the end of the term of your Service. Unless you notify us within 30 days as set forth above, your continued use of the Service after the Effective Date will be deemed an acceptance of these changes and a renewal and extension of the Terms in effect at the Effective Date. Notwithstanding the foregoing, any changes to these Terms will not apply to any dispute between you and us arising prior to the date on which we posted the revised version of these Terms incorporating such changes or otherwise notified you of such changes.
  23. Contact. Please visit our contact us page with any questions regarding the website, the Terms, Service, account, or billing matters.
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