ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE PIXACHI.COM WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND PIXACHI LIMITED (hereafter "Pixachi"). By accessing any service or part thereof under the Pixachi.com domain, you agree to be bound by the terms of this Agreement. Pixachi reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.
OWNERSHIP
This Site is owned and operated by PIXACHI. All images on this web site are owned by Pixachi or its partners/contributors and are protected by International copyright laws and international treaty provisions. Pixachi retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from Pixachi, if you fail to comply with any provision of this agreement. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, Pixachi reserves the right to terminate this site without notice.
AUTHORIZED USE
Any Content downloaded by you from this Site, including, without limitation, any files, images, videos incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by Pixachi. Your use of the Content or any intellectual property rights therein, is dependent upon your acceptance of the Pixachi End User License Agreement (EULA) and any relevant Licensing Agreements.
LINKS TO THIRD PARTY SITES
Pixachi provides links to third-party sites as a convenience to you. Pixachi does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by Pixachi of such sites. Pixachi is not responsible for the content of any linked sites.
LIMITED WARRANTY
Pixachi represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.
Pixachi warrants that the Image(s) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.
EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PIXACHI DOES NOT WARRANT THAT THE IMAGE(S) WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IMAGE(S) IS WITH YOU. SHOULD THE IMAGE(S) PROVE DEFECTIVE, YOU (AND NOT PIXACHI OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.
YOU REPRESENT, WARRANT AND COVENANT THAT:
You are at least 18 years of age and have the right to enter into this Agreement;
You will not use the Images in any way that is not permitted by this Agreement or any other relevant Licensing Agreements;
Your use of the Images will not violate any applicable law or regulation of any country, state, or other governmental entity;
The information you provide to Pixachi is accurate and true, including without limitation all credit card information;
You agree that all passwords to your Pixachi account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to
LIMITATION OF REMEDIES
Cancellation/Expiration: In the event this Agreement is not terminated but the Subscription period has been canceled or has expired, you may continue to use the Images that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement and other relevant Licensing Agreements.
No Monetary Damages: Under no circumstances whatsoever will Pixachi be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the Image(s) even if Pixachi or a distributor authorized by Pixachi has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
INDEMNIFICATION
You agree to indemnify and hold Pixachi harmless from, and against, all claims, expenses or liability asserted against Pixachi arising out of or in connection with any breach of any of the terms of this Agreement.
USAGE
Pixachi reserves the right to change and amend the prices of any credit/subscription package or the credit download rates and download sizes without prior notice to you. However, Pixachi will always endeavor to notify you of any impending price changes.
Subscription Plans
Subscription plans cannot be upgraded nor downgraded upon download of first image.
There shall be no extension of subscription period if you fail to download any images due to Internet connectivity problems. Pixachi will fully reimburse the "lost days" only if the Pixachi.com server is inaccessible worldwide (system down) for a duration of 12 hours or more.
Subscription images will no longer be available for download once the subscription period ends.
Credit Plans
Credit Plans purchased cannot be downgraded. Upgrades however, will be entertained.
Credits expire 1 year from the date they are purchased.
Credit image downloads will be available for a period of twelve (12) months from the date of initial download.
JURISDICTION
This Agreement constitutes the entire agreement between You and Pixachi regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by Pixachi to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
LEGAL FEES
If Pixachi is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse Pixachi for its legal fees, costs and disbursements if Pixachi is successful.
ASSIGNABILITY
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent.
ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PIXACHI, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PIXACHI RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN PIXACHI.COM WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.
© 2011 Pixachi. All rights reserved.
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