Pixton

Terms and Conditions

  1. Acceptance of Terms and Conditions

    Welcome to Pixton™, owned and operated by Pixton Comics Inc. ("PCI"). This Terms and Conditions Agreement ("Terms") states the terms and conditions under which you ("you" - an individual, and/or any entity you represent) may use the Pixton™ website, the software and any services it provides (collectively, the "Website"). These Terms apply to all users and viewers of the website and you must read them carefully. By using the Website, you signify your agreement to these legally binding terms and conditions. Your accessing of this site is the equivalent of your signature. If you do not agree to these Terms, your only recourse is to stop using the Website. Those who choose to use the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. PCI may revise these Terms at any time, so please revisit this page periodically to review the Terms. By continuing to use the Website, you agree to be bound by any such revisions, whenever they may occur. You also agree to the provisions of the Privacy Policy.

    If you are under the age of 18, you agree that your parent or legal guardian has agreed to your using the Website and have reviewed these Terms. AS A PARENT OR LEGAL GUARDIAN, YOU AGREE TO BE RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY USER UNDER 18 THAT YOU PERMIT TO ACCESS AND USE THE WEBSITE.

  2. Ownership of Intellectual Property and Content of Website

    All content and materials associated with the Website including trademarks, text, names, logos, service marks and software are owned by PCI, and are protected under Canadian and foreign intellectual property and other laws. While PCI assumes no obligation to update the content of the Website, it may change the content without notice to you.

    You may not use, reproduce, modify, adapt, publish, transmit, distribute, or exploit in any other way the Website or any of its content, whether in whole or in part, other than expressly set out herein, without the written permission of PCI.

  3. Submissions and Your Use of the Website

    The Website provides features that allow you to formulate characters, write dialog, compose scenes and comics, compile books, post comments, and interact in other ways with the Website and its users (collectively, "Submissions" or “Submission”).

    When making any Submission, it is a condition of your use of the Website that you do not:

    1. attempt to interfere with the proper workings of the Website or do anything which in the sole discretion of PCI imposes an unreasonable or disproportionately large load on the Website infrastructure;
    2. include in any Submission information that is unlawful, libelous, defamatory, indecent or pornographic;
    3. include in any Submission information that promotes bigotry, hatred, or harm against any group or individual, or provides instructions about illegal activities;
    4. include in any Submission information that is confidential, or which violates or infringes upon the rights of others, without first obtaining permission from the rights holder; or
    5. use the Website for commercial purposes of any kind.

    By making Submissions to the Website, you hereby assign and transfer to PCI all your respective rights, titles and interests worldwide in, to and associated with your Submissions, including copyrights, trade-mark rights, and all other intellectual property rights, free and clear of all liens, encumbrances and interests of third parties.

    PCI hereby grants you a limited license to use your Submissions for non-commercial purposes. In the event you wish to use your Submission for any commercial purposes, you must first contact PCI and seek its express written agreement to do so.

    By making Submissions to the Website, you also agree to:

    1. waive all “moral rights” (as defined in the Canadian Copyright Act) in any Submission in favour of PCI;
    2. consent to your username appearing in association with any of your Submissions; and
    3. acknowledge and agree that PCI is not responsible for any loss, damage, or corruption that may occur to your Submissions.

  4. Additional Terms Concerning Your Submissions and Use of the Website

    PCI reserves the right, in its sole discretion, to remove any Submission, whether or not the Submission is in violation of these Terms. You agree that PCI may, in its sole discretion, monitor the Website and your account and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Website properly or to protect itself or other users of the Website. Any disclosure shall be in accordance with the Website's Privacy Policy.

    Submissions represent the views and opinions of the person(s) making the Submission and do not represent the views or opinions of PCI. By using the Website, you may be exposed to content that the indecent, harmful to minors or objectionable, and you use it at your own risk.

    Your use and/or visiting of the Website restricts you from doing the following:

    1. Assigning or otherwise granting your rights under this license to another party;
    2. Modifying, creating derivative works of, reverse engineering, decompiling, disassembling or hacking the software in any manner; and/or
    3. Using the Website (including its software) in such a way as to adversely interfere with the functionality of the Website or services or other products provided by PCA.

    PCI reserves the right, in its sole discretion, to terminate any user's account without notice and for any reason. The disclaimers, limitations on liability, ownership, termination, your licences, your warranties and the indemnity provisions of this agreement shall survive the termination of your account and the termination of this agreement by any other means.

  5. Remixes

    Whenever you publish a comic on the Website, you are given the option of making it remixable. In choosing this option, you grant other Pixton™ users the right to edit, adapt, translate, modify, or otherwise change your comic in any way, using only the Pixton™ editor to do so, and subject to these Terms.

  6. No Warranty

    The Website is provided "as is" and without warranties of any kind, either express or implied, or statutory. Every effort is made to update the information contained on this Website; however, neither PCI nor any third party, data provider or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the Website. PCI reserves the right at any time to change or discontinue, without notice, any aspect or feature of this Website. No information shall be construed as advice, and information is offered for information purposes only and is not intended for trading purposes. You and any person you represent rely on the information contained on this Website at your own risk. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

  7. Notices and Restrictions

    Where PCI modifies, upgrades or repairs its software and makes such new software versions available to you, you agree that you may have to enter into to a new version of this Agreement in order to use such new software versions. PCI is not obliged to modify, upgrade or fix its software in any way, and does so at its discretion.

    PCI reserves the right to discontinue or disable your use of any version of the software or its services, including for the purpose of repairing or upgrading the software, or where you have breached the terms of this agreement or have violated any applicable laws of your jurisdiction.

  8. Representations

    You represent and warrant that you are authorized to enter into this agreement, that you will comply with the terms of this agreement, and that you will meet your obligations under this agreement, under all applicable laws of your jurisdiction, and under all applicable PCI policies, which may be updated from time to time. You warrant and represent that you are not within or normally resident or domiciled in one of the restricted countries; namely Cuba, Ghana, Iran, Iraq, Libya, Nigeria, North Korea, Sudan, Syria, Uganda.

  9. Limitations on Liability and Disclaimers

    IN ADDITION TO ANY OTHER LIMITATIONS ON PCI’S RESPONSIBILITY UNDER THESE TERMS, YOU FURTHER AGREE THAT PCI (AND ITS AFFILIATES AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES) SHALL NOT BE LIABLE FOR THE FOLLOWING, AND IRREVOCABLY WAIVE ANY CLAIMS IN CONNECTION WITH: 1) THE CONTENT AND OPERATION OF ANY OTHER WEBSITES THAT MAY BE HYPERLINKED TO OR FROM THE PIXTON™ WEBSITE, INCLUDING THE CONTENT OF THEIR INTELLECTUAL PROPERTY, TERMS OF USE AND PRIVACY NOTICES; 2) ANY INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES , HOWEVER CAUSED, FOR LOST PROFITS OR LOST SAVINGS; 3) THE TRANSMISSION OF VIRUSES (OR OTHER HARMFUL MECHANISMS), DATA CORRUPTION, FAILED MESSAGES, AND ANY TRANSMISSION ERRORS OR PROBLEMS, INCLUDING IN RESPECT OF SUBMISSIONS; 4) ANY INACCURACIES OR PERIODS WHEN THE WEBSITE IS NOT OPERATIONAL; AND 5) ANY OTHER DAMAGES ARISING FROM THE USE, OR INABILITY TO USE, THE WEBSITE. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

  10. Indemnification

    YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD PCI AND ITS AFFILIATES AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS (INCLUDING LEGAL FEES AND DISBURSEMENTS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR SUBMISSION(S), YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR BREACH OF ANY OF THESE TERMS, OR YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

  11. Term and Termination

    This Agreement is effective until terminated by PCI, with or without cause, in its sole and unfettered discretion. You may also terminate the agreement by simply closing your account and/or discontinuing your use of the Website. PCI may terminate this agreement without notice to you if you fail to comply with any of its terms. Any such termination by PCI shall be in addition to and without prejudice to such rights and remedies as may be available to PCI, including injunction and other equitable remedies. PCI reserves the right to discontinue the Website at any time and you agree in such event that PCI is not liable for any damages arising from such discontinuance.

    The disclaimers, limitations on liability, ownership, termination, interpretation, your license to PCI, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

  12. Entire Agreement

    The terms and conditions of this agreement, together with the Privacy Policy constitute the entire agreement between you and PCI with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

  13. Severance

    If any provision of this agreement is found by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such provision will be severable from and not affect the validity and enforceability of the remainder of the agreement.

  14. No Waiver

    PCI’s failure to exercise, or delay in exercising, a right, power or remedy provided by the agreement or by law shall not constitute a waiver of that right, power or remedy. If PCI waives a breach of any term of this agreement, such waiver shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

  15. Applicable Legal Regime and Forum

    PCI operates from British Columbia, Canada and makes no representation that the Website is appropriate or available for use in any particular location. This agreement shall be governed by and interpreted in accordance with the laws of the province of British Columbia and Canada, without application of conflicts of laws and international treaties. You and PCI agree to submit any disputes or otherwise concerning your use of the Website to the exclusive jurisdiction of the courts within the province of British Columbia, Canada.

  16. Enurement

    This agreement shall enure to the benefit of and be binding upon each party and their respective successors and permitted assigns. You acknowledge having read this agreement before accepting it, having the authority to accept this agreement.

  17. Survival

    Any provisions of this agreement that are expressed to survive or operate in the event of termination of this agreement shall so survive the termination of this agreement.

    YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “I AGREE” BUTTON OR SIMILAR BUTTON OR LINKAND/OR USING OR ACCESSING THE WEBSITE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.