Effective Date: 15/08/2024
Welcome to Pixelsea! These Terms and Conditions (“Terms”) govern your access to and use of our services, including our website, mobile applications, and any other services provided by Pixelsea (collectively, “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Acceptance of Terms
By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms, as well as any other policies referenced herein, including our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind the organization to these Terms.
2. Eligibility
You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you meet this age requirement and that you are legally capable of entering into a binding contract.
3. Account Registration
To access certain features of the Services, you may need to register for an account. When registering, you agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your account information.
- Maintain the security of your account by protecting your password and restricting access to your account.
- Notify us immediately of any unauthorized use of your account.
- Be responsible for all activities that occur under your account.
4. User Conduct
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
- Engage in any activity that is fraudulent, deceptive, or harmful.
- Impersonate or attempt to impersonate Pixelsea, a Pixelsea employee, another user, or any other person or entity.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
5. Intellectual Property
All content, features, and functionality included in the Services, such as text, graphics, logos, images, and software, are the property of Pixelsea or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not use, reproduce, modify, distribute, or create derivative works based on any of our content without our prior written consent.
6. User Content
You may be able to submit, post, or otherwise make available content through the Services (collectively, “User Content”). You retain ownership of your User Content, but by submitting it to Pixelsea, you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business.
You represent and warrant that:
- You own or control all rights in and to your User Content.
- Your User Content does not infringe, misappropriate, or violate the rights of any third party.
- Your User Content complies with all applicable laws and regulations.
7. Transactions
All transactions made through the Services, including the purchase, sale, and transfer of NFTs (non-fungible tokens), are subject to these Terms. You acknowledge that:
- Pixelsea does not guarantee the value, authenticity, or quality of any NFTs.
- All transactions are final and non-refundable unless otherwise stated.
- You are responsible for any applicable taxes resulting from your transactions.
- Pixelsea may impose transaction limits and fees at its discretion.
8. Fees and Payment
You agree to pay all fees and charges associated with your use of the Services. Pixelsea reserves the right to change its fees and payment policies at any time, with or without notice. All fees are non-refundable, except as required by law.
9. Privacy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you. By using the Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
10. Termination
Pixelsea may terminate or suspend your account and access to the Services at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Services will immediately cease, and you must promptly return or destroy any copies of our content in your possession.
11. Disclaimers
The Services are provided “as is” and “as available,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pixelsea does not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects or errors will be corrected.
12. Limitation of Liability
To the fullest extent permitted by law, in no event will Pixelsea, its affiliates, or their respective directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use of or inability to use the Services.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the Services.
- Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Services by any third party.
- 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 Services.
13. Indemnification
You agree to indemnify, defend, and hold harmless Pixelsea, its affiliates, and their respective directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:
- Your use of the Services.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property rights.
- Your violation of any applicable law.
14. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms or the Services must be brought exclusively in the courts located in [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.
15. Changes to Terms
Pixelsea reserves the right to modify or revise these Terms at any time, at its sole discretion. We will notify you of any changes by posting the new Terms on our website and updating the effective date. Your continued use of the Services after the posting of any changes constitutes your acceptance of the revised Terms.
16. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and Pixelsea regarding the use of the Services and supersede any prior agreements between you and Pixelsea.
- Waiver: The failure of Pixelsea to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without Pixelsea’s prior written consent. Pixelsea may freely assign or transfer these Terms without restriction.
17. Contact Us
If you have any questions or concerns about these Terms or the Services, please contact us at:
- Email: support@pixelsea.io
- Address: Saintala, Balangir, Odisha, India 767032
Thank you for using Pixelsea!