The web site and domain name, located at www.PixelPole.com, are owned and operated by:
Bit Pole Software Solutions Inc.
Conditions of use
Pixel Pole wants to make sure that Pixel Pole customers enjoy and remember the biggest moments in their lives by providing them with photographic masterpiece made out of customer’s pictures.
Terms of Use and the Privacy Policy of Use and the Privacy Policy may be changed or updated at any time. The customers can always read the current, complete version of the Terms of Use and the Privacy Policy of Use and the Privacy Policy at pixelpole.com. In the case of inconsistencies between these and the information included in off-line materials, these Terms of Use and the Privacy Policy of Use and the Privacy Policy will always control.
By using the website pixelpole.com the customers indicate that they accept the current version of these Terms of Use and the Privacy Policy that the customers agree to be bound by them. Acceptance of the Terms of Use and the Privacy Policy creates a binding contract (“Agreement”) between the customers and Pixel Pole that the customers will use the Web site and the Services only in a manner consistent with these Terms of Use and the Privacy Policy of Use and the Privacy Policy. If the customers do not agree to any of these Terms of Use and the Privacy Policy of Use and the Privacy Policy, then please do not access or use the Web site or Services, and, if applicable, the customers should arrange to cancel their registered user account or subscription to us.
1. Customers Use of the Web site and Services
Pixel Pole grants to the customers a limited, non-transferable license to use this Web site in accordance with the Terms of Use and the Privacy Policy of Use and the Privacy Policy. The customers may only use this Web site to view information presented at this Web site and to make legitimate inquiries. The customers may not use this Web site for any other purposes, including without limitation, to make any false or fraudulent inquiries. This Web site and the content provided in this Web site, including any text, graphics, button icons, audio and video clips, digital downloads, data compilations and software may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without the written permission of Pixel Pole, and/or its third party partners, except that the customers may download, display and print the materials presented on this Website in their personal account, as their files or Pixel Pole’s creations especially dedicated to the customers.
2. Member Conduct Guidelines
(a) In consideration of the customer’s use of the Web site and Services, the customers represent that the customers are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. The customers agree to provide true, accurate, current and complete information about the customers itself upon registration and thereafter. The customers agree that the customers are responsible for maintaining the confidentiality of any usernames, passwords, account, or any other tools or data that afford the customers access to restricted areas of the Web site or Services and are fully responsible for all activities that occur under the customer’s password or account. If the customers are sharing such usernames, passwords, etc. with others for the purpose of shared viewing of their account page, the customers are also responsible for all users of such information, whether or not actually or expressly authorized by the customers. The customers agree to immediately notify Pixel Pole of any unauthorized use of the customer’s password or account or any other breach of security. Pixel Pole cannot and will not be liable for any loss or damage arising from the customer’s failure to comply with the Terms of Use and the Privacy Policy. The customers agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which the customers reside.
(b) The customers agree to use discretion and adhere to the family-oriented spirit of Pixel Pole. The customers agree not to use Pixel Pole or the Services to:
1. upload, post, email, transmit or otherwise make available (“Post”) any Content:
- that is unlawful, harmful, threatening, indecent, inflammatory, pornographic, profane, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or that would otherwise violate any law, or violate any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- that 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 virus, bug or other harmful item; or
- that contains any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
2. Harm minors in any way;
3. Impersonate any person or entity, or falsely state or otherwise misrepresent the customers’ affiliation with a person or entity;
4. Violate any applicable local, state, national or international law, intentionally or unintentionally;
5. "Stalk" or otherwise harass another;
6. Collect or store personal data about other users;
7. Transmit or otherwise transfer any Web pages, data or content found on this Web site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise; or
8. Supply material support or resources to organizations designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
While utilizing or accessing the Web site, Pixel Pole’s Services, or information or other Content available on the Web site, the customers also agree not to:
1. Use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site or interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service in any way;
2. Use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Web site without the prior written permission of or
3. Imposes a burden or load on our infrastructure that Pixel Pole deems in its sole discretion to be unreasonable or disproportionate to the benefits Pixel Pole obtains from the customers use of this Web site.
Content that violates these guidelines may be removed at the discretion of Pixel Pole. We have no obligation to remove content that the customers personally find objectionable or offensive, though we will investigate complaints referring to inappropriate use of the Web site.
(c) The customers agree to be fully responsible for the customers own Content and the consequences of posting or publishing them. Pixel Pole acts as a place for the customers to Post the customers Content. While Pixel Pole has the right to refuse to Post or remove, edit or edit any Content for any reason, it is otherwise not involved in the writing or decisions as to the Content of its users. As a result, Pixel Pole has no control over the quality, accuracy or legality of the Content on Pixel Pole. All Content posted on Pixel Pole is the sole responsibility of the person from whom such Content originated. Pixel Pole does not control the Content posted, emailed or otherwise transmitted on our Web site by others and, as such, Pixel Pole does not guarantee the accuracy, integrity or quality of such Content. Although we have adopted community standards and conduct guidelines for the users of our Web site, the customers agree and acknowledge that by using this Web site, the customers may be exposed to content that are offensive or objectionable. Under no circumstances Pixel Pole will not be liable in any way for any Content (other than for Content developed by us), 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 use of any Content posted, emailed or otherwise transmitted to or through this Web site. Because Pixel Pole is a venue, in the event that the customers have a dispute with a user of Pixel Pole and its Services, the customers release Pixel Pole and its officers, members and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(d) In order to provide the Services, the customers hereby grant Pixel Pole the royalty-free, non-exclusive, worldwide, and sub-licensable right to use, modify, distribute, publish, copy, publicly display and publicly perform, in any format or medium now known or later developed, with or without attribution, any Content submitted by the customers on the Web site or Services, in connection with the Web site and Services, except as otherwise prohibited by the Privacy Policy.
(e) The customers understand and agree that Pixel Pole's online services are provided "AS IS." Pixel Pole assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or settings. The customers understand and agree that use of Pixel Pole’s online services is at the customer’s sole risk. Any material and/or data downloaded or otherwise obtained through the use of Pixel Pole’s Services is at the customers own discretion and risk, and the customers are solely responsible for any damage to the customers computer system or loss of data that results from the download of such material and/or data.
(f) The customers understand and agree that Pixel Pole may delete user membership information, one year from the date of the original posting of such information. This does not necessarily reflect any finding of violation of the Terms of Use and the Privacy Policy; it is an "expiration date," before and after which other orders may be registered using the same or updated information.
3. Intellectual Property Rights
The content on the Pixel Pole Web site, except all Content submitted by users, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content"), the trademarks, service marks and logos contained therein ("Marks"), and any other proprietary rights related thereto or appearing on the Web site are owned by or licensed to Pixel Pole, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Web site is provided to the customer AS IS for the customer information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Pixel Pole reserves all rights not expressly granted in and to the Web site and the Content. The customer agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content submitted by third parties obtained through the Web site for any commercial purposes. If the customer downloads or prints a copy of the Content for personal use, the customer must retain all copyright and other proprietary notices contained therein. The customer agree not to avoid, disable or otherwise interfere with security related features of the Pixel Pole Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Pixel Pole Web site or the Content therein. The customer agree to be liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from the customer use of this Web site.
4. Third Party Links
This Web site contains links to other Web sites that are provided solely as a convenience to the customer and not as an endorsement by Pixel Pole of the contents or operation of such other Web sites. Pixel Pole shall not be responsible for the content of any other Web sites and makes no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If the customer decide to access other Web sites, the customer do so at the customer own risk. The customer agrees not to hold Pixel Pole responsible for the content or operation of such web sites.
5. Third Party Products and Services
The customer may order services, merchandise, or other products due to endorsement of the services, merchandise, or other products through our Web site or receive free samples of products produced by other parties from Pixel Pole (collectively, “Third Party Sellers”). All matters concerning services, merchandise, and other products desired from Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between the customer and the Third Party Sellers. Pixel Pole makes no warranties or representations whatsoever with regard to any services, merchandise, and other products provided by the Third Party Sellers. The customer will not consider Pixel Pole (and Pixel Pole will not be construed as) a party to such transactions, whether or not Pixel Pole may have received some form of revenue or other remuneration in connection with such transactions. Pixel Pole will not be liable for any costs or damages arising out of, either directly or indirectly, the customer or any other person involved or related to the transactions.
6. Privacy and Security
We are committed to protecting the customer privacy and security. According to the Pixel Pole Privacy Policy, Pixel Pole may disclose to third parties certain information about the customer. Under most circumstances, this would only happen with the customer’s consent. Please read our Privacy Policy, which is available at http://www.PixelPole.com to understand the manner in which Pixel Pole collects, uses, discloses, and otherwise manages the personal information the customer provide through our Web site.
7. Termination
Pixel Pole may immediately change or terminate the customer’s access to the Services, the Web site, or any online membership(s) with Pixel Pole, with or without notice, at any time, without liability to the customer, any other user or any third party. Pixel Pole reserves the right to terminate the customer’s online membership(s) if, without limitation, the customer have: (1) provided Pixel Pole with false or misleading registration information; (2) interfered with other users or the administration of Pixel Pole Services or Web site; (3) upon a request by law enforcement or other governmental authorities; or (4) otherwise violated these Terms.
8. Disclaimer of Warranties
ALL PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE REQUIRED BY LAW, PIXELPOLE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, PIXELPOLE DOES NOT WARRANT THAT ACCESS TO THIS WEB SITE WILL BE TIMELY, SECURE, AND/OR ERROR-FREE OR UNINTERRUPTED. PIXELPOLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, RESULTS, OR CONTENT PROVIDED ON THIS WEB SITE OR IN ANY EMAIL COMMUNICATION SENT BY OR ON BEHALF OF PIXELPOLE.
9. Limitation of Liability
PIXELPOLE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE CUSTOMER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF THE CUSTOMERR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR THE CUSTOMERR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEB SITE. IN NO EVENT SHALL PIXELPOLE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), (III) OTHER MATTER RELATING TO THE WEB SITE AND/OR SERVICES.
If, notwithstanding the foregoing, Pixel Pole or any third party provider or distributor should be found liable for any loss or damage, which arises out of or is in any way connected with any of the above described functions or uses of this Web site, its Content, and/or the Services, the liability of Pixel Pole and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of
(a) the subscription fee and service charge, if any, for accessing this Web site or Services, or
(b) US$100.00.
In its sole discretion, in addition to any other rights or remedies available to Pixel Pole and without any liability whatsoever, Pixel Pole, at any time and without notice, may terminate or restrict the customer’s access to any component of this Web site or its Services. Some states do not allow certain limitations of liability, so the foregoing limitation may not apply to the customer.
10. Indemnity
The customer agree to indemnify, defend and hold harmless Pixel Pole, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liabilities, damages, losses, debt, expenses, obligations, and/or costs (including, but not limited to, attorney’s fees) arising from: (i) the customer’s use and access to the Web site or of Pixel Pole Services; (ii) the customer’s violation of the Terms; (iii) the customer‘s violation of any third party right, including without limitation any trademark, copyright, property, proprietary, privacy, or other right or the customer’s infringement or infringement by any other user of the customer’s account, of any intellectual property or other right of any person or entity; and (iv) any of the customer’s Content, including, without limitation, any Content posted or otherwise provided by the customer that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person's rights of publicity or privacy, or otherwise violates these Terms. The Terms will inure to the benefit of successors, assigns, and licensees. This defense and indemnification obligation will survive these Terms and the customer’s use of the Web site and/or Services.
11. Claims of Intellectual Property Infringement and Agent
If the customers believe their copyright, or other intellectual property rights have been infringed by the Web site, Content or Services, we ask that the customers please provide to Pixel Pole’s Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, ad under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send such notice as directed above to:
Copyright Agent - Pixel Pole - New York - USA
Email: Support@PixelPole.co
12. Governing Law
This Agreement and its performance shall be governed by the laws of the State of New York, United States of America, without regard to its conflict of law’s provisions. The customer consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, United States of America, in all questions and controversies arising out of the customer’s use of this Web site, the Services, and/or the Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to the customer’s access or use of this Web site must be brought within two (2) years from the date on which such claim or action arose or accrued. Pixel Pole controls and operates this Web site from its headquarters in the United States of America, and the Web site may not be appropriate or available for use in other locations. If the customer use this Web site outside the United States of America, the customer is responsible for following applicable local laws.
13. Attorney’s Fees
If Pixel Pole takes any action to enforce these Terms, such parties will be entitled to recover from the customer, and the customer agrees to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
14. Injunctive Relief
The customer acknowledge that a violation or attempted violation of any provision of these Terms will cause such damage to Pixel Pole as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, the customer agree that Pixel Pole shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms by the customer, or the customer’s affiliates, partners, or agents, as well as recover from the customer any and all costs and expenses sustained or incurred by Pixel Pole in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. The customers agree that no bond or other security shall be required in connection with such injunction.
15. Assignment
The customer may not assign, convey, subcontract or delegate the customer’s rights, duties or obligations hereunder.
16. Relationship
The relationship between Pixel Pole and the customer will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
17. Modification
Pixel Pole may make changes to the information and/or materials offered on or available from this Web site at any time without notice, and Pixel Pole may change these Terms at any time without notice by posting updated terms of use on the Web site. The customer continued use of the Web site after such changes have been posted signifies the customer assent and agreement to the new Terms, even if the customer has not reviewed the changes. Therefore, the customer should check the Terms and Conditions posted on the Web site periodically for updates and changes.
18. Additional Terms
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this Web site, and the customer agree to abide by such other terms and conditions.
19. Severability
This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
20. Entire Agreement
This Agreement, together with any terms and conditions incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Web site.
If the customers are aware of any violations of these Terms and Conditions, we ask them to please report them. Thank you!
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SPECIAL TERMS OF USE FOR BOOKS
sold DIGITAL and/or PRINTED
Copyright by www.Pixel Pole.com & www.bitpole.com and also by Marta Designs, Lily Designs (afterfivedesign.com), Lori Davison (scrapbookgraphics.com) since few elements from their collections were used to create one or more of our books. All Rights Reserved.
When buying our books as a kit on CD, you buy all our design as flat JPEG files and you agree with our general terms of use and also with our special terms of use for this product (see bellow). PixelPole or BitPole are not responsible to any person, organization or business for any loss and/or damages incurred from the use of these products. These Graphics are for PERSONAL USE ONLY.
YOU MAY :
-print the JPEG files as a book or as individual pictures or any photo items for personal use only.
-build the book in any size, or add more pages, texts or photos.
-print your book as many times as you want as long as the copies are not for re-selling them (this book is not for re-selling).
-choose your own printing company.
- use separate jpeg / pages of the book in your layouts that will be submitted for printing to digital scrapbooking sites online or submitted to Scrapbooking and/or related magazines for publication as long as proper credit is given, based on specific book, as shown on each book on the second page (Author Note).
- use the jpeg/pages of the book to design your personal website only if you're not selling anything on it.
YOU MAY NOT:
· You may not resell, or offer for free, this product in whole, in parts, printed or as jpeg or use it to create commercial use items.
· You may not share, loan, offer for free or redistribute the whole kit or parts (printed or as jpeg) of the jpeg/pages of the book in any way and to anybody.
· You may not modify any of the flatten jpeg/pages of the book we provide you with (printed or as jpeg ) for yourself or for re-sell. You may just add new and different pages to your final printed book.
· You may not use the jpeg/pages of the book, freebies or not, printed or as jpeg, to make another freebie or commercial products.
· You may not use any of the jpeg/pages of the book for obscene, defamatory or immoral purposes.
· If you use one of the jpeg/pages of the book, upload or submit a layout on a website, a magazine (e-zine or paper), please credit us : "by www.pixelpole.com containing also elements from other websites - for details visit www.pixelpole.com ” ).
- You may not claim the jpeg/pages of the book as your own (or altered / recolored the jpeg of the book and claim them as your own).
- Creating all kinds of templates, quick pages, sketches, textures packs, alpha sets, brushes,doodles or cutouts to give or to sell is prohibited.
Thank you, Pixel Pole Team***