We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
By using or accessing the Pixtantly website, Pixtantly service or any Pixtantly application (including mobile applications), either directly or indirectly (hereafter referred to as the 'Service'), you agree to use the Service only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access the Service, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Service. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Service. Accordingly, you are responsible for all activities that occur under your account(s).
c. Accessing (or attempting to access) any of the Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) the Service through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with the Service, including the servers and/or networks to which the Service is located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Service is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on the Service, such as comments, private messaging, public chat, forums, message boards, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content on the Service, then it is your personal responsibility to use these tools in a responsible and ethical manner.
By posting content, information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Contains pornographic or sexual explicit imagery;
ii. Is illegal, threatening, defamatory, hateful, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
iii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iv. Contains any type of unauthorized or unsolicited advertising;
v. Impersonates any person or entity, including any Pixtantly employees or representatives.
Because Pixtantly appreciates the artisticness of photography, content can contain a small amount of infrequent nudity, that is not explicit and would be considered art, such as implied nudity, see-thru and fine art poses that are not overly sexual in nature.
No direct shots of male or female genitalia that would obviously be intended for sexual stimulation.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. You agree to indemnify and hold harmless Pixtantly and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
We value your safety so you should take precaution with interacting with people you do not know. Never respond to any type of request to send money, local or overseas via wire transfer,
regardless how urgent the person says the need is. Report this type of activity to us immediately.
If you decide to meet someone from this service that you don't know, use your best judgment and take as much precaution as possible.
Never provide personal information directly to someone like banking or credit card info, social security number or home / work address you don't know or have met.
We provide a secure form on the site for subscribing to producer profiles.
Pixtantly will never email you requesting username and password info and should be reported.
By using the Service, you understand and agree that all resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of the Service will meet your needs or requirements.
ii) the use of the Service will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using the Service will be accurate or reliable, and
iv) any defects in the operation or functionality of the Service we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content viewed, downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Pixtantly or through the Service we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Pixtantly will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the Service, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
This license can be ended by removing your content or deleting your account on the Service.
We do not assume any liability for any content posted by you or any other 3rd party users of the Service that may violate or infringe on any 3rd party copyrights or trademarks.
The Service provides and contains content and materials that are owned or licensed by Pixtantly, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Pixtantly, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Pixtantly.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Service with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Service we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any media, account or login information.
This service is controlled by Pixtantly from our offices located in the state of Texas, US. It can be accessed by most countries around the world. As each country has laws that may differ from those of Texas, by accessing our website, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in US, Texas You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Pixtantly EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
PO Box 2641
Addison, TX 75001
support [at] pixtantly.com