Pixmor.com, and its affiliates and suppliers (collectively "Pixmor") provide their media hosting and related services (the "Services") to you subject to the following conditions. If you visit, use or purchase at Pixmor.com, you accept these terms and conditions.
Pixmor provides its media hosting services for free for personal use.
Pixmor limits the number of pictures hosted under your account to 1000. Should you require more server space to upload additional pictures, please contact Pixmor through our Contact form.
Pixmor monitors the number of visits to albums hosted under your account. If the number of monthly album hits exceeds 1000 (one thousand) Pixmor reserves the right to temporarily disable access to your Pixmor homepage and albums until 11:59 p.m. GMT on the last day of the month during which the described album hits limit was reached.
Pixmor reserves the right to start charging fees for its services, upon prior notice to the member on our website. Pixmor may change the Services it offers at any time.
Subscribers must keep their registered email addresses and other account information current, as Pixmor may send important notices to that email account.
Pixmor agrees to terminate your account at any time upon notice from you, through our Contact form.
Pixmor may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at Pixmor's sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, Pixmor, in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that Pixmor deems appropriate to enforce its rights and pursue all available remedies.
If you are a resident of the United States, you understand and agree that Pixmor stores and processes your information on computers located in the European Union, and by providing any data to Pixmor, you consent to the transfer of such information to the European Union.
You acknowledge and agree that Pixmor may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, to carry out these Terms, or to protect the rights, property, or personal safety of Pixmor, its employees, users and third parties, and the public.
When you visit Pixmor.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of Pixmor, or its subscribers who upload photographs or other media, or its content and software suppliers and is protected by European and international copyright laws. Pixmor's selection, coordination and arrangement of all content on this site is the exclusive property of Pixmor, and is protected as a compilation by European and international copyright laws. All software used on this site or in conjunction with the Services is the property of Pixmor or its software suppliers and is protected by European and international copyright laws.
License and Site Access
Pixmor grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of Pixmor. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pixmor. Any unauthorized use terminates the permission or license granted by Pixmor.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to Pixmor pages so long as the links do not portray Pixmor or its suppliers or their products or services in a false or misleading manner.
If you subscribe to Pixmor's hosting service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify Pixmor of any unauthorized use of your account or any other breach of security known to you.
Pixmor uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the Pixmor website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.
Reviews, Comments, Communications and other Content
Use of the Services by you is subject to all applicable local, regional, national and international laws and regulations. You may post reviews, comments, suggestions, bugs, ideas, questions, or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Pixmor reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.
License Granted By Users
Pixmor does not claim ownership in the photographs, audio, videos or other media created or uploaded by Subscribers ("Media"). Pixmor will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to the Pixmor site, you grant Pixmor a nonexclusive, royalty-free right to publish, distribute and display the Content as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.
Pixmor respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Pixmor's agent for notice of claims of copyright or other intellectual property infringement ("Agent") through our Contact form.
Please provide our Agent with the following Notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Pixmor site that you claim is infringing, with enough detail so that we may locate it on the website;
- 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;
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Pixmor's Agent will forward this information to the alleged infringer.
Disclaimer of Warrants and Limitation of Liability
THIS SITE IS PROVIDED BY PIXMOR ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIXMOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PIXMOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, PIXMOR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PIXMOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL PIXMOR BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE PIXMOR WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PIXMOR WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE PIXMOR WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PIXMOR WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. PIXMOR CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO €100.
Merger or Acquisition
It is possible that as we continue to develop our website and our business, Pixmor's Services and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that Pixmor may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.
Any dispute relating in any way to your visit to Pixmor.com or to products you purchase through Pixmor.com shall be submitted to confidential arbitration in Madrid, Spain, except that, to the extent you have in any manner violated or threatened to violate Pixmor's intellectual property rights, Pixmor may seek injunctive or other appropriate relief in any regional or state court in Spain, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Spanish Court of Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
Site Policies, Modification, and Severability