1. User Agreement
By accessing or using the Pixmoto Interactive Video Platform you agree to comply with and be bound by these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully as well as Pixmoto’s Privacy Policy.
This is a legally binding agreement (“Agreement”) between you, (the “User(s)” or “You”) and Pixmoto (“we”). You represent and warrant that you have read and understood the Terms of Use, that you have the legal capacity to enter into this agreement, and that it is enforceable against you. If you represent a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, and that the Terms of Use are enforceable against it as the User.
Pixmoto reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to its website. Your use of the Pixmoto Interactive Video Platform signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted.
If you do not agree to the Terms of Use, Code of Conduct and the Privacy Policy, you must immediately terminate the use of the Pixmoto Interactive Video Platform
2. Use of the Interactive Video Platform. License, access and restrictions
Pixmoto operates an Interactive Video Platform (the “Platform”), which enables Users (the “User or “Users”) to can create different interactive experiences (“Experience” or “Experiences”) and deploy or publish these experiences to web applications that Users have authorized access and rights to do so to promote your online store, service and/or products. The Platform includes Pixmoto’s websites and related web-interfaces, data and software.
Pixmoto offers Users access to the Platform to support the design, development, creation, deployment, publication and management of experiences interactive video content. For the purpose of this Terms of Use, Content includes any video content or any other data or rich media content, uploaded into, encoded, stored, modified or made available on or downloaded from the Platform, as well as any other images, pictures, graphics, content, data or information uploaded, stored, posted, transmitted, emailed, communicated or submitted on or through the Platform
Subject to the reception of the relevant fees for the Services, Pixmoto hereby grants each User a limited, non-exclusive, non-transferable worldwide right to access and use the Pixmoto Interactive Video Platform as set forth in these Terms of Use, provided that:
• User uses the Pixmoto Interactive Video Platform solely for personal or business purposes. All rights not expressly granted are reserved by Pixmoto and/or its licensors.
• Users agree to only access and use the Pixmoto Interactive Video Platform and functionality made available by Pixmoto, and not to access or use any Content provided through the Interactive Video Platform, except through the authorised Interactive Video Platform functionalities made available by Pixmoto or authorized by Pixmoto. Any other activity or use, such as data mining, benchmarking, monitoring for availability, performance or functionality, use of “spiders”, “crawlers”, or robots is strictly prohibited.
• Except if and to the extent specifically authorized by Pixmoto in writing, User may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any Service in any way; (ii) modify or create derivative works based on the Pixmoto Interactive Video Platform not included in offered service modules; (iii) offer access to the Pixmoto Interactive Video Platform to any third party in any way not included in offered service modules; or (iv) reverse engineer, decompile or copy any part of the Interactive Video Platform, or in any way use any idea, feature, function or graphic of the Interactive Video Platform in a way other than as authorized under these Terms.
The access to the Platform is offered without any specified or defined Services and Users are granted a merchant account (the User Merchant Account) access upon successful completion of merchant account activation form.
Once a Merchant account is activated, Users will be wholly responsible for monitoring and managing all aspects of the User Merchant Account including but not limited to:
• Placement and use of advertising material (including but not limited to images, text, trade marks, logos, banners, urls) on the User websites (referred to as “User Banner Code” and “User Banner Links”);
• Managing all Experiences within the User Merchant Account;
• Monitoring fraudulent or illegitimate activity (outlined below)
Pixmoto bears no responsibility whatsoever for the monitoring and managing of the User Merchant Account including any Experience or Experience within/connected to the User Merchant Account.
Pixmoto does not guarantee that any Experience on a User Merchant Account will result in the successful marketing of the User product and/or service nor that any online traffic to the User website will be generated.
Pixmoto prohibits the use of Users who operate websites containing pornographic, unlawful, defamatory, obscene, harassing, or otherwise objectionable content.
Users must not breach anti-spam laws. Pixmoto may terminate the Agreement and deactivate the User Merchant Account if the User engages in sending spam or unsolicited promotional activities.
The User will actively manage and monitor the User Merchant Account and all active Experiences for fraudulent or illegitimate activity (e.g. use of invalid or stolen credit cards, falsified or duplicate leads, automated purchasing or lead submission) and Pixmoto accepts no responsibility for any fraudulent on the User Merchant Account and the User will not hold Pixmoto liable for any loss the User may suffer as a result of any such fraudulent, illegitimate or illegal Transactions or conduct.
Pixmoto offers access to the Pixmoto Interactive Video Platform through https://cdp.pixmoto.com (the Pixmoto Interactive Video Platform).
User must use the Website and the Platform always in strict compliance with any applicable laws or regulations.
3. Use of Content
You own all Content uploaded, used or created in the Pixmoto Interactive Video Platform. You have sole responsibility for such Content and its accuracy, integrity, legality, reliability and right of use thereof. You warrant that You are entitled to use any Content you upload, post, use or make available on or through the Pixmoto Interactive Video Platform. You agree to indemnify Pixmoto for any use You make or allow of any Content, through the Interactive Video Platform, the otherwise. Pixmoto is entitled, at any time, in its absolute discretion, to remove from or disallow any Content it finds that violates its terms of use or service agreements. Users can never claim any compensation, damages or rights resulting from such removal or disallowance.
To the extent necessary User grants Pixmoto the right to perform agreed upon tasks and actions necessary to successfully design, build, publish and manage interactive video content created and executed via the Pixmoto Interactive Video Platform
You also hereby grant each user authorized by you to access the Pixmoto Interactive Video Platform a non-exclusive license to access your Content through the Pixmoto Interactive Video Platform, and to use, reproduce, distribute, display and perform actions permitted through the functionality of the Pixmoto Interactive Video Platform and under these Terms of Use.
User also grants Pixmoto a worldwide, non-exclusive, irrevocable, transferable, royalty-free, perpetual license to use any published Content posted and or published by such User on any authorized site, for marketing purposes including but not limited to use on the Pixmoto website, sales materials and publicity efforts. This license includes any kind of use or reproduction through any known or future technology, including any future applications and through any media channel.
User shall never: Violate or attempt to violate the technical or data security of Pixmoto; Go beyond the limitations of use applicable to its authorized access; Attempt to probe, scan or test the vulnerability of Pixmoto’s systems or networks; Attempt to interfere with the provision of Pixmoto Interactive Video Platform or Website, including but not limited to hacking, introducing virus or malware, denial of service attacks or any other technical act that could or risks to impede Pixmoto’s Website functionality.
4. Claims Of Intellectual Property or Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pixmoto’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Pixmoto’s Copyright Agent for notice of claims of copyright or other intellectual property infringement is Helen Clark and can be reached by mail: GPO Box 9925. Brisbane QLD 4001(Australia); or by email: info@pixmoto.com
5. Personal Data
Pixmoto collects a limited set of personal data to establish a User Merchant Account and uses this data to provide necessary contracted services. Pixmoto does not own any Personal Data you submit through the Interactive Video Platform. You are responsible for the accuracy of your account information.
Upon requesting that a Pixmoto Interactive Video Platform Merchant Account be established for a User, Pixmoto will issue You a username and password. It is the User responsibility to maintain the confidentiality and security of such username and password. Any fraudulent use of such username and password will be the sole responsibility of the User. You must inform Pixmoto immediately in case of any unauthorized use, misuse or abuse of Your username or password, or any other breach of data security.
6. Privacy Policy
For information about Pixmoto’s data protection practices and Pixmoto’s use and protection of your personal information, please read Pixmoto’s Privacy policy that is incorporated into and made a part of these Terms of Use.
Pixmoto will comply with all applicable Data Protection Laws, and will use appropriate technical measures to protect any Personal Data from unauthorized disclosure or use. Users will comply with all applicable Data Protection laws, and will provide Pixmoto, at User’s cost, with all reasonable assistance in this respect.
7. Proprietary rights
The content of Pixmoto Interactive Video Platform and Website includes, without limitation, (i) Pixmoto’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Pixmoto Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Services (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Pixmoto Content”). Pixmoto Content is the property of Pixmoto and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Pixmoto Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Pixmoto.
8. Program Closure and Termination
The Agreement commences when You submit an application which is accepted by Pixmoto. The Agreement will stay in force until it is terminated in accordance with these terms and conditions.
Either You or We can terminate this Agreement by giving the other party one calendar month’s written notice. A termination will subject to this clause take effect on the expiry of such notice of termination.
Your merchant account and all Experiences will be deactivated or closed on and from the date of termination.
Either You or We can terminate this Agreement immediately by giving the other party written notice if the other party is, or likely to become, insolvent or bankrupt; is unable to pay its debts or negotiates with its creditors; or appoints an administrator or other insolvency practitioner.
9. Warranties
Pixmoto disclaims to the fullest extent authorised by law all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
User warrants, without limitation, that it has all necessary rights to provide and use any Content provided, and that any provision of Services in relation to such Content will not be in breach of any third party rights, or any applicable law or regulations. In case of any claim of any third party in respect of any Content uploaded, used or made available by a User on or through Pixmoto’s Website or servers or through the Services, Pixmoto is entitled, without notice, to suspend any access to the Interactive Video Platform or remove any Content, until such time as deemed appropriate by Pixmoto.
Pixmoto does not represent or warrant that the materials in the Website are accurate, complete, reliable, current, subject to correction, or error-free or that the Website, its servers, or Content available from the Website are free of any harmful components.
10. Limitation of Liabilities
To the fullest extent permissible under applicable law, in no event will Pixmoto be liable for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Pixmoto Interactive Video Platform or other Services, (iii) any unauthorized access to or use of Pixmoto’s secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from Pixmoto’s services, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content made available via the Services, whether based on warranty, contract, tort, or any other legal theory.
User waives any claim, based on the Website, its performance and functions, the Services provided thereon, any Content used on the Website, or any transaction, Service or functionality transacted or made available through the Website. Pixmoto is to be considered as offering “mere conduit”, and its liabilities (if any) are restricted to offering the technical possibility of accessing the Interactive Video Platform, subject to availability of the Internet, and the User’s ability to access and use the functionality of the Website. Pixmoto will never be liable for any breakdown of the Website, interruption or malfunction of the Services provided through the Website, or any other malfunction or technical issues related to the operation of the Website, which is reasonably outside its control. Pixmoto will never be responsible for any links to third party websites, or any other connection to or interaction with third party materials or functionality (including, for the avoidance of doubt, Internet or telecommunications availability). Under no circumstances will Pixmoto be liable for any indirect losses, including any loss of business or loss of profit. To the extent permitted by applicable law, in any event will Pixmoto’s liability be limited to the lesser of the total value of monetary value paid by a User during the six months preceding the cause of liability or 10.000 Australia dollars.
11. Indemnity
To the extent permitted by law User will indemnify, defend and hold harmless Pixmoto and will keep it indemnified for and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney’s fees, that arise from any claim from any third party (including, but not limited, to End-Users) resulting from such User’s use of the Website and the Interactive Video Platform, or any Content uploaded, used or made available by such User on or through Pixmoto’s Website or servers or through the Interactive Video Platform. User acknowledges and accepts that use of the Website and the Interactive Video Platform is at the sole risk and responsibility of User.
12. Arbitration and applicable law
Any dispute, controversy or claim arising out of or relating to these Terms of Use shall first be submitted for mediation, at the request of any Party. Failing agreement within sixty (60) days, the matter shall be submitted for final and binding arbitration to an arbitration tribunal comprised of three (3) arbitrators appointed and deciding in accordance with the rules of CEPANI. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The arbitration procedure shall take place in Brisbane, Australia, be subject to the laws of Australia and shall be conducted in the English language.
13. General Provisions
Pixmoto may assign part or whole of its rights and duties under the Terms of Use or the Website to any third party, without any notice. Users may not assign any of their rights or duties without Pixmoto’s prior written agreement, which Pixmoto may accept or refuse at its discretion.
If any provision of the Agreement is held by a court of competent jurisdiction to be legally ineffective or unenforceable, such provision shall, to the extent possible, be deemed rewritten to reflect the original intent of the parties, and the validity of the remaining provisions shall not be affected.
User agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use, and the documents incorporated herein by reference, constitute the whole agreement between Pixmoto and the User, to the exclusion of any other document or statement.
No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Pixmoto’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Pixmoto reserves the right to amend these Terms of Use at any time and without notice, and it is the User’s responsibility to review these Terms of Use for any changes. User’s use of the Interactive Video Platform following any amendment of these Terms of Use will signify his assent to and acceptance of its revised terms.
The effective date of these Terms of Use is July 23, 2015. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.
14. Company Contact Information
Next Big Idea Inc.
2060 Broadway
Boulder CO 80302