Pixton for Business
Terms of Service
Last updated on June 11, 2016.
PLEASE READ THIS DOCUMENT CAREFULLY.
This is a legal agreement between Pixton Comics Inc. ("we" or "us" or "PCI"), of P.O. Box 238, Parksville, British Columbia, Canada, and the entity named on the sign-up form that was submitted to PCI before you accepted this agreement ("you" or the "Member") regarding your use of the Pixton.com website ("Pixton") and the services described below.
If the individual who accepts this Agreement does not have the authority to do so on behalf of the Member, then that individual will be the Member and will be personally bound by this Agreement.
If you do not accept these terms, you must not use Pixton or PCI's services.
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
- Business Membership and Services. Subject to the terms and conditions of this agreement, Business members of Pixton are permitted to create professionally-rendered digital comics using the Pixton comic creator, and use those comics for specified commercial purposes. We may change the benefits and features of membership from time to time by sending you an email or by posting the changes on Pixton. Our provision of the above benefits to you, including the services we provide on Pixton, are collectively the "Services". PCI may use third parties to provide some or all of the Services. The Services may be provided using servers and other equipment located in any country including Canada, the United States and elsewhere.
- Eligibility. By submitting a membership application and accepting the terms of this agreement, you represent and warrant to us that the individual who accepts this Agreement on your behalf can form a legally binding contract at law on your behalf and is at least 19 years old and of the age of majority in the jurisdiction from which that individual accesses Pixton.
- Pixton Account, User Name and Password.
- Each individual may establish no more than one business account with Pixton.
- You must select a unique user name for your account. You must not use a user name or password that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. You must keep your password secure and confidential.
- You are the only one who can access and use your account. You must not allow anyone else to access or use your user name, password or account. You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us.
- You must give us all "required information" we ask for on our registration form. All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.
- Use of Services. You may only use the Services as permitted by this agreement. You must not resell, transfer or otherwise provide any of the Services to any third party.
PCI may allow you to pay for the Services through a subscription plan (a “Subscription Plan”). Subscription Plans may permit you to create multiple (or, depending on the plan, an unlimited number) of comics in connection with the Services, and may give you additional rights in connection with those comics. Any Subscription Plan that may be available is described on the Pixton website, and may be selected by logging into your Pixton account and selecting your preferred subscription plan under My Account > Plans in the main menu.
PCI may suspend, terminate or reverse any transaction (whether proposed, pending or past) if PCI suspects or believes there has been any fraudulent activity, any violation of this agreement or any of our policies or any applicable laws in connection with that transaction.
- Payment. You will pay PCI the prices set on PCI's website from time to time plus all applicable taxes for the Subscription Plan or other products or services you purchase from PCI. Payments must be made in advance. PCI may change the fees from time to time.
- Payment Options. You may pay PCI through the third-party payment processors made available on Pixton. You must comply with the terms of all agreements between you and them, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If PCI allows you to pay PCI directly via credit card, then you authorize PCI to charge all amounts to the credit card number you provide to PCI. If your credit card payment is rejected or refused you will immediately pay PCI the amount due and provide PCI with an alternative credit card number for future payments. You represent and warrant to PCI that each credit card you use for payment to PCI either belongs to you, and you have the right to charge all such payments on the credit card(s). All payments, regardless of how they were made, are refundable at the sole discretion of PCI.
- Automatic Rebilling. Subscription Plans are automatically recurring as described on the Pixton website (e.g. "Billed Monthly"), unless precluded by the payment method you have chosen. You can cancel your active subscription at any time, by logging in and going to My Account > My Subscription in the main menu, and clicking Cancel. When you cancel your subscription, it remains active until the end of the current billing period.
- Interest. You will pay PCI simple interest on all overdue amounts at a rate of 18% per year, calculated from the date payment was due until the date payment (including accrued interest thereon) is made in full.
- Rules. Whenever you access, use or otherwise deal with the Services, you must comply with all:
- applicable laws;
- acceptable-use policies and other policies implemented by PCI with respect to the Pixton or the Services from time to time, as posted on PCI's website; and
- other rules, policies and procedures PCI communicates to you from time to time.
- Privacy. Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party's personal information without their consent unless otherwise permitted by law to do so.
- Your Privacy Consent. We and our representatives will collect personal information about you and individuals accessing your account, including their name, contact information, numerical identifiers, personal preferences and other information. You acknowledge that we and our representatives may use that personal information for the following purposes:
- to allow us to communicate with you, manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other Pixton users,
- if you check the applicable box in the registration form, to provide you with information about our services,
- to customize the advertising and content that is presented to you on Pixton,
- to contact you regarding any orders you place through Pixton, and to help process, deliver and take payment for those orders,
- to verify your personal information, and
YOU HEREBY CONSENT TO US AND OUR REPRESENTATIVES COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION IN THE MANNER DESCRIBED ABOVE.
- Ownership. As between you and PCI, you will retain ownership of all original text, storylines, character personalities, and other original content you provide on or through Pixton (collectively, "Your Content"), and all intellectual property rights in Your Content. As between you and PCI, PCI or third parties solely own the following (the "PCI Property"):
- all other content on Pixton or provided through the Services, including all artwork, rendered images, comics, profile pictures, banners, templates, the "PCI Elements" (which include props, character attributes, backgrounds, speech bubbles, panel borders) and content provided by PCI (collectively, the "PCI Content") and all intellectual property rights in the PCI Content; and
- all tools, hardware and software used to provide the Services (collectively, the "PCI Tools");
- the graphical design of Pixton, the Pixton user interface and the look and feel of Pixton and the Pixton user interface; and
- the names, logos and trade-marks on Pixton.
You must not copy, use or exploit any of the PCI Property except as explicitly permitted by this agreement.
- Licence regarding Your Content and Your Comics. Your Content and Your Comics will not be shared with third parties without your written permission. You hereby grant PCI a licence (the "Licence") to use Your Content and Your Comics, solely for the purposes of providing you with the Services.
- Licence and restrictions regarding comics you create. During the term of this agreement, PCI hereby grants you a limited, non-exclusive, royalty-free licence to do the following:
- copy, modify and use the PCI Content to create comics;
- copy, modify and display comics you created through your Pixton business membership account ("Your Comics") on Pixton and on other sites using embedded code provided by PCI, only for the purposes described in section 15 (the "Permitted Purposes");
- embed Your Comics in your website using the provided Pixton embed codes;
- give Your Comics to third parties such as printers and ISPs only for the purpose of exercising your rights under section 14(b); and
- use the PCI Tools to allow you to copy, modify and use the PCI Content as described in this section;
as permitted by our policies, as those policies are amended from time to time.
The above rights only apply while you have an active Subscription Plan, except as explicitly permitted by PCI in this Agreement.
You must not sell, licence, commercialize, use or otherwise exploit any of the PCI Property or Your Comics except as explicitly permitted by PCI in this Agreement, in a Subscription Plan, or in writing, and you must not use or display the Content in an electronic format that enables it to be downloaded, distributed or shared, except as explicitly permitted by PCI in this Agreement or in a Subscription Plan.
If you purchase a Subscription Plan and pay all required fees in connection with that plan, then during the term of the Subscription Plan the above licence will include the right to print, display, and distribute (but not resell) an unlimited number of copies of Your Content for the Permitted Purposes, provided that you comply with all other obligations and restrictions in this Agreement and in the Subscription Plan. If specifically authorized by the Subscription Plan, the above licence will also include the right to resell an unlimited number of copies of Your Content to third parties for the Permitted Purposes on the above terms. The additional rights in this paragraph will automatically terminate upon the expiration or termination of the Subscription Plan or this Agreement.
If you purchase a Subscription Plan, PCI hereby grants you a limited, non-exclusive, royalty-free license to print, embed, and display comics after your subscription has expired, provided that you comply with all other obligations and restrictions in this Agreement and in the Subscription Plan.
The above rights only apply to the final versions of Your Comics; any preview files may only be used for the purpose of creating, vetting and proofing final versions of Your Comics.
- Permitted Purposes. The "Permitted Purposes" are as follows:
- for inclusion in advertising and promotional materials, including training manuals, safety manuals, promotional catalogues, promotional brochures, promotional greeting cards, promotional postcards, presentations, prints, and posters;
- for inclusion in online or electronic publications, including your company blogs and web pages; and
- for inclusion in your corporate videos, films, or slide presentations;
- provided that all reproductions must comply with the following specifications:
- in digital (including video) formats, content must not be reproduced at a scale greater than the original pixel dimensions; eg. a 900x300 pixel comic must not be reproduced at a size greater than 900x300 pixels; and
- in printed formats, content must not be reproduced at a print resolution less than 100 pixels per inch; eg. a 900x300 pixel comic panel must not be printed at a size larger than 9x3 inches.
All other purposes (including inclusion on merchandise, posters, as part of a corporate logo or trade-mark, as part of a template, as part of product packaging/labelling, as part of a commercial film/tv show/theatrical presentation, as the basis of stuffed animals/action figures/mascots, in greeting cards, as part of a template or other materials that will be reused or redistributed, and any other purpose) are prohibited without PCI's prior written consent.
- Representations regarding Your Content. You represent and warrant to PCI that:
- you either own Your Content, have obtained it from our Site, or have written permission from the copyright owner to make the Content available through the Services and on Pixton;
- you have the right to grant the Licence; and
- the reproduction, display, distribution, use and other exploitation of the Content by PCI and our service providers, members, users and licensees as permitted by the Licence will not infringe or violate the rights of any third party.
- Other Content. PCI does not endorse any of the content on Pixton, and that content may contain material that is not suitable for you. PCI we will not be responsible or liable for content that is generated by Pixton users.
- Monitoring and Disclosure. PCI does not normally monitor your use of the Services; however, PCI and our representatives may do so. We reserve the right to remove, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If PCI receives any notice (or has any reason to believe) that any of the Content (or the display or availability of that Content) violates any obligation in this Agreement, PCI may remove that Content in its sole discretion without prior notice.
- Infringement Claims. If you own intellectual property rights and believe that those rights are being violated on Pixton, then you may report the violation by sending the following information to Pixton in a document signed by you:
- a description of the work(s) claimed to have been infringed;
- an identification of the allegedly infringing works on Pixton, and information reasonably sufficient to permit Pixton to locate the works;
- information sufficient to permit Pixton to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of violates your intellectual property rights; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The document must be sent to us as follows:
Pixton Comics, Inc.
P.O. Box 238
Parksville, BC, Canada V9P 2G4
Phone: 1 (888) 774-9866
- Private Comics. You may mark your comics as "private", which is intended to limit the third parties who have access to the comics. However, security and confidentiality is not guaranteed for private comics (or any other comics), and PCI will have no obligation of confidentiality with respect to any of Your Content and Your Comics, regardless of whether you designate it as private. All terms and conditions in this agreement and PCI's policies relating to Your Content and Your Comics (including the Licence) apply equally to comics marked as "private".
- Storage. PCI may allow you to store Your Content and Your Comics on PCI's servers, however:
- you are responsible for keeping back-up copies of all of Your Content and Your Comics; PCI will not be liable for any loss or damage to any of Your Content and Your Comics;
- PCI may impose limits on the quantity and size of Your Content and Your Comics stored on our servers, and the duration Your Content and Your Comics is stored on our servers, and may charge you fees for exceeding those limits; and
- PCI will normally only delete content that violates this agreement or our policies; however, PCI reserves the right to move or permanently delete any content at any time, for any reason, without any notice to you.
- Use of the Services. You must not:
- reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the PCI Property or the Services;
- create a link, character name or label, or otherwise upload to or transmit from Pixton or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
- be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone's privacy, or excessively violent,
- violate any law including intellectual property, privacy or other laws;
- impersonate any person;
- give rise to civil or other liability; or
- relate to illegal drugs, weapons, gambling or other illegal activities;
- place any mature content in the "general audience" section of Pixton;
- upload to or transmit from Pixton or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
- use Pixton or the Services to do or attempt to do any of the following without PCI's prior written permission:
- send spam or other bulk messages;
- gain unauthorized access to any data, network or system;
- conduct or promote any commercial activity;
- refer to any competitor of PCI or any service that is similar to or competitive with Pixton;
- monitor data or traffic on any network or system;
- obtain an email address, user name or other information about a third party without their consent;
- use any misleading, false or deceptive TCP/IP header information in any email or posting; or
- conduct or instigate any denial of service attack against PCI's website or network, or any third party's website or network;
- falsify any data or information available on Pixton;
- delete or modify any copyright or other intellectual property notices on Pixton or Your Comics (and if any of Your Comics are split and reproduced on more than one page, then the notices must be reproduced on each page);
- sell or transfer your Pixton account, or allow any third party to access or use it;
- avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of Pixton or the Services or any hardware/software used to provide Pixton or the Services, or third party hardware/software or services;
- interfere with the Services or any third party's use of Pixton or the Services;
- resell any of PCI's services or allow any third party to use or access Pixton or the Services without PCI's prior written consent; or
- authorize or encourage any third party to do any of the above.
- Remedies. In addition to any other available remedies, upon breach of any of your obligations under this Agreement PCI may suspend or terminate the Services and your Pixton account.
- Terms of Other Services. If you use any other service or software provided by or through PCI or the Services, you must comply with all terms and conditions that are imposed upon your use of that service or software.
- Member Responsibilities. You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. PCI will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
- Interruptions/Errors. Your use of Pixton and the Services might be interrupted and will not be free of errors. Some of the content on Pixton might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time to time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
- Modifications. From time to time, PCI may add new features to Pixton and the Services, remove existing features from Pixton and the Services, or otherwise modify Pixton and the Services (including their functionality, "look-and-feel", universal resource locators and software components).
- Inactive and Abandoned Accounts. If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed "Inactive". We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
- Termination. Without prejudice to any of our rights at law or equity, PCI may terminate your access to Pixton and the Services with no prior notice if you fail to make a payment to PCI as and when required, or if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue.
- Termination by you. You may terminate your Pixton account at any time. To do so, log into your account, navigate to the Account Settings page, click the "delete account" link and follow the on-screen instructions. Termination of your account is your only remedy with respect to any dispute with Pixton, including disputes relating to
- this agreement or our enforcement of it;
- Pixton, the PCI Content, the PCI Tools or the Services; and
- the amount, type or payment of fees in connection with Pixton or the Services.
- Effect of Termination. Upon termination of your account or this agreement:
- you will immediately cease all use of Pixton, the PCI Content, the PCI Tools and the Services;
- you will have no further access to your account or anything associated with it (such as comics, profile, pixtures, or virtual items).
- you will not receive any refunds for fees you paid under this agreement;
- any unused or remaining time or virtual items in your account at the date of termination will be permanently forfeited and revoked from you, and you will not receive any refund or credit for any of them;
- you will immediately pay PCI all amounts owing under this agreement;
- you will immediately: (A) delete Your Comics from all materials in your possession or control, (B) cease all use, reproduction and display of Your Comics, and (C) if requested to do so, certify in writing that you have complied with the foregoing obligations;
- PCI may delete some or all of Your Content and Your Comics from Pixton and from your account within 60 days after termination;
- the Licence will continue in full force and effect for all of Your Content and Your Comics, including content Pixton deletes; and
- sections 11, 12, 13, 16, 33, 37 - 40 and 43 will survive termination.
- Links from Pixton. The sites that are linked from Pixton are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to PCI. All links are provided for your convenience only; they are not an endorsement or referral by us.
Links to Pixton. You must not link to Pixton or any content on Pixton except as explicitly permitted by this section or our policies. You may share Comics, when appropriate and applicable, by using one of Pixton's "embed" widgets to display the comic in your own personal website or web page. You must not modify the embedded code in any way, and you must not modify or distort the display of any comic or portion thereof.
You may also share comics hosted on Pixton by emailing or otherwise sharing the link associated with the Pixton comic. Your permission to link to Pixton is expressly conditioned upon your compliance with the following restrictions:
- the link must either resolve to the homepage, "pixton.com", Pixton for Business, "pixton.com/business/overview", or to the link associated with a Pixton comic or Pixton public profile page;
- the link must comply with Pixton's other policies regarding content;
- the link and surrounding materials must not deliver any Pixton content in a framed environment, or alter the layout, content, look, or feel of the Pixton content;
- the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Pixton; and
- the link and surrounding materials must not portray Pixton or its comics or services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
- DISCLAIMER. PIXTON, THE PCI CONTENT, THE PCI TOOLS AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". PCI DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF PIXTON, THE PCI CONTENT, THE PCI TOOLS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY. YOU USE PIXTON, THE PCI CONTENT, THE PCI TOOLS AND THE SERVICES AT YOUR OWN RISK. PCI WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, PIXTON, THE PCI CONTENT, THE PCI TOOLS AND THE SERVICES, INCLUDING ANY LOSS TO YOUR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, PCI WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN CONNECTION WITH PIXTON, THE PCI CONTENT, THE PCI TOOLS OR THE SERVICES.
- MAXIMUM LIABILITY. IF, DESPITE THE ABOVE LIMITATIONS, PCI BECOMES LIABLE TO YOU IN RESPECT OF PIXTON, THE PCI CONTENT, THE PCI TOOLS OR THE SERVICES, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO THE FEES YOU PAID TO PCI FOR YOUR USE OF PIXTON IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
- INDEMNITY. YOU WILL INDEMNIFY PCI AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE "INDEMNITEES") AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT PCI MAY INCUR IN CONNECTION WITH:
- YOUR CONTENT, INCLUDING CLAIMS THAT YOUR CONTENT OR THE EXPLOITATION OF IT AS PERMITTED BY THIS AGREEMENT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY;
- YOUR USE OF PIXTON, THE PCI CONTENT, THE PCI TOOLS AND THE SERVICES; OR
- THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
- YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.
- Modifications to this Agreement. From time to time in our sole discretion PCI may modify the terms of this Agreement by posting the modifications on Pixton. You will be bound by the modified terms after the modified terms have been posted on Pixton for 30 days. If any change is not acceptable to you, your only recourse is to terminate your account.
- Governing law. PCI operates from British Columbia, Canada, and makes no representation that Pixton is appropriate or available for use in any particular jurisdiction. This Agreement will be governed by the laws in effect in British Columbia, Canada. You attorn to the exclusive jurisdiction of the British Columbia courts; however, you or PCI may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.
- Force Majeure. PCI shall not be liable to you for non-performance or delay in performance caused by anything beyond its reasonable control, including without limitation, acts of God, acts or omissions by you, acts of government, war, strikes, lockouts, embargoes, failure of communications networks, or denial of service/access attacks.
- Disputes with other members. You are solely responsible for resolving any disputes you may have with other members. Pixton may, but is not obligated to, assist you with this. Pixton will have no liability whatsoever to you in connection with any such dispute that Pixton does or does not assist with.
- Language. The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language. Les parties aux présentes ont expressément convenu que ce accord et toute autre convention, document ou avis y afférent soient rédigés en anglais seulement.
- General. No delay or failure to act by PCI regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Services, and constitute the whole agreement with respect to the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. We may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. PCI will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.
- HAZ TU PROPIO CóMIC EN PIXTON.COM