Last Update: January, 2021
“Content” means any expression fixed in a tangible medium and includes, without limitation, ideas, text, graphics, avatars, designs, presets (including but not limited to: backgrounds, scene configurations, characters, outfits, body poses, facial expressions, color filters, overlays, effects), combinations of presets, drawings, logos, images, trademarks, copyrights, information, software, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.
“Educator” means a teacher or individual employed by an educational institution, or the educational institution itself.
“Pixton Content” means all Content that is not User Generated Content.
“Services” means creation of avatars, characters and scenes with accompanying text for a comic strip accessed through the Site, as well as access to preset Content including but not limited to: backgrounds, scene configurations, characters, outfits, body poses, facial expressions, color filters, overlays, effects.
“Site” means www.pixton.com, app.pixton.com. and other affiliated subdomains of pixton.com.
“Student” means a student who enrolls in a Student Sub-Account upon an Educator’s provision of a registration code or link.
“User Generated Content” or “UGC” means any material whatsoever, including comics, that a user, including you, submits, creates, transfers or otherwise makes available by access to the Site or through the Services, including but not limited to ideas, information, images, data, text, graphics, designs, drawings or other Content posted in any area within the Site or through the Services.
Acceptance of Terms and Revisions
PARENTS AND LEGAL GUARDIANS OF MINORS/PERMITTED MINORS
If you are a Permitted Minor or otherwise under the age of majority in your local jurisdiction, you represent and warrant that your parent or legal guardian has consented to your use and access to the Site.
HARDWARE, SOFTWARE AND CONNECTIVITY
You are responsible for providing all equipment and software, including maintaining an account with any social networking service through which you connect to the Site and/or the associated products and services, necessary to connect to the Site and access the associated products and services, and you are responsible for any fees, including internet connection, mobile data services and similar third party fees that you incur when accessing the Site.
SUGGESTIONS AND FEEDBACK
You agree that any and all feedback that you may provide to Pixton, whether solicited or unsolicited, as a Educator Account holder or otherwise, (“Feedback”) will be owned by Pixton, without providing compensation to you or any other person and without any liability whatsoever, including all intellectual property rights therein and you hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to Pixton and waive any and all associated moral rights you may have therein. Upon request from Pixton and at Pixton's expense, you will fully cooperate and assist with, execute and deliver all further documents to enable Pixton to document, acquire, apply for, prosecute, perfect or enforce any intellectual property rights in the Feedback. If for any reason Pixton is unable to secure any necessary documentation from you to effect the foregoing further assurances, then you irrevocably designate and appoint Pixton and its duly authorized officers and agents as agent and attorney in fact, to act for and on your behalf for the purpose of documenting, acquiring, applying for, prosecuting, perfecting or enforcing such intellectual property rights in the Feedback.
DATA COLLECTION AND OWNERSHIP
Pixton may collect data which is anonymous and associated with your computer which includes, but is not limited to, your city, actions you take within and outside the Content and Services, your hardware/software/firmware, the browser you use, the date and time of your use of the Content and Services, your in-media time, activities and/or purchases (“Usage Data”). You agree that your contribution to the Usage Data will be owned by Pixton without providing compensation to you or any other person and without any liability whatsoever. Usage Data does not include any personal information.
LAWS AND REGULATIONS
Your access to and use of the Site, Content and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.
Specifically, Pixton intends to comply with relevant privacy laws in the jurisdiction of any particular user, including: the Personal Information Protection and Electronic Documents Act; the Personal Information Protection Act (“PIPA”) within British Columbia; the Family Educational Rights and Privacy Act (“FERPA”); the California Consumer Privacy Act (“CCPA”) within California; and the Children’s Online Privacy Protection Act (“COPPA”).
INTELLECTUAL PROPERTY RIGHTS
The trade-marks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site are the property of Pixton. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of Pixton, which permission may be withheld in the sole discretion of Pixton. All information and content available on or through the Site, Content and/or Services is protected by copyright and/or other intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial and/or public purposes.
GRANT OF LIMITED LICENSE
YOU MAY NOT SELL, ASSIGN, TRANSFER, SUBLICENSE, CONVEY OR SHARE WITH ANY OTHER PERSON ANY USER NAMES OR ACCOUNTS OR STUDENT SUB-ACCOUNTS REGISTERED BY YOU AND ANY ATTEMPT TO DO SO WILL ENTITLE PIXTON, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CANCEL OR SUSPEND YOUR ACCOUNT AND, IN SUCH EVENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF FEES PAID TO PIXTON BY YOU OR TO ANY OTHER DAMAGES IN RESPECT THEREOF.
TYPES OF ACCOUNTS
When you register an Educator Account, you will use Google Single Sign-on and you will be required to permit the Site to access basic information about you, including your name (if any provided to Google Single Sign-on) and email address, and to grant express consent to Pixton to contact you by way of the e-mail address provided (the “Login Information”).
When you register a Student Sub-Account, you will do so upon the provision of a Classroom Code by your teacher. You will use Google Single Sign-on, and the name (if any provided to Google Single Sign-on) and email address associated with your Google account will be shared with the Site. If you register a Student Sub-Account you will not be required to provide your name or any personal information.
You are responsible for protecting the confidentiality of your Account password and elected Classroom Code(s), and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your password(s), elected Classroom Code(s) or your Account(s), or any other security breach involving your Account(s) or the Site, Content and/or Services at firstname.lastname@example.org. We are not responsible for any unauthorized access of your Account(s) or password(s) even if you have advised us of such. You are responsible for all activities that occur under your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you.
ACCESSING YOUR ACCOUNT(S)
Each time that you and/or a Permitted Minor log into and access an Account or Student Sub-Account, you represent and warrant that:
(a) you are the person who registered the Account or Student Sub-Account or are a Permitted Minor of such person;
(b) for Educator Accounts only, all of the personal information registered in connection with the Account is current, complete and accurate. We do not want Students to provide us with personal information;
(d) you and/or any Permitted Minor are accessing the Site, Content and/or Services solely for your own personal, non-commercial purposes;
(e) you are not, and are not acting on behalf of, any competitor or prospective competitor of Pixton or its affiliates or subsidiaries;
(f) you and/or any Permitted Minor are not accessing the Site, Content and/or Services for the purposes of any dispute or litigation involving Pixton or its affiliates or subsidiaries;
(g) you and/or any Permitted Minor are not accessing the Site, Content and/or Services for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose; and
(h) you and/or any Permitted Minor will logoff and exit the Account at the end of each session.
UNAUTHORIZED ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site, Content and/or Services is restricted to authorized users only. Unauthorized individuals attempting to access the Site and/or these areas of the Site, Content and/or Services may be subject to criminal or civil prosecution or both.
INFORMATION COLLECTION AND USE
TRANSMISSION OF PERSONAL DATA
You acknowledge and agree that by providing Pixton with any personal or proprietary user information through the Site, Content and/or Services you consent to the transmission of such personal or proprietary user information over international borders as may be necessary for processing in accordance with Pixton’s standard business practices.
USE OF “COOKIES”
USER GENERATED CONTENT
You may choose to share UGC outside of the Site through the “Share”, “Print, and/or Download” links on the Site.
(a) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, discriminatory (based on race, sex, religion, nationality, disability, sexual orientation or age) or otherwise objectionable material of any kind, including, but not limited to, any material which (i) is criminal or which encourages conduct that would constitute a criminal offence, (ii) gives rise to civil liability, (iii) constitutes an invasion of privacy, (iv) otherwise violates any applicable local, state, provincial, national or international law or (v) otherwise harms or can reasonably be expected to create a significant risk of harm to any person or entity;
(b) advertisements, solicitations or commercial messages or materials of any kind (whether for profit or not);
(c) UGC shared by users impersonating others;
(d) personal information such as messages or text within comics which state phone numbers, government issued identification numbers, account numbers, addresses, or employer references;
(e) unauthorized messages purporting to be issued by employees or agents of Pixton it affiliates or subsidiaries and purporting to speak on behalf of Pixton it affiliates or subsidiaries or containing confidential information or expressing opinions concerning Pixton its affiliates or subsidiaries;
(f) materials that offer or encourage unauthorized downloads of any copyrighted or private information or which otherwise infringe or violate any right of a third party including, but not limited to, intellectual property rights, privacy rights, contractual rights, and confidentiality rights;
(g) materials which are antisocial, disruptive; or
(h) materials which in any way transmit any file that contains a virus, corrupted data, Trojan horse, keystroke logger, worm, time bomb, or other programming routines which are capable of tampering with, impairing, damaging, surreptitiously intercepting or mining, scraping or expropriating any system, data or personal information from the Site, Content and/or Service or connected network, and/or which disrupts the use and enjoyment of any of the Site, Content and/or Services or connected network by any person or entity.
From time to time Pixton may offer for sale to Educators certain content packs, subscriptions and credits, which are offered as part of subscriptions and may be used for the purchase of certain content packs. If you purchase a subscription, you will receive one credit per month, to a maximum of six unused credits. One credit can be used to purchase one content pack at any time after you receive the monthly credit.
When you sign up for a recurring subscription, membership or other ongoing Content and/or Services, you have the right to cancel the recurring arrangement in writing within seven (7) calendar days after you first entered into the recurring arrangement and you will receive a full refund of any fees paid within thirty (30) days. The period for any auto-renewal or recurring arrangement will be the same as the period you originally ordered unless otherwise disclosed to you at the time of purchase. The charges made in connection with any auto-renewal or recurring arrangements will also be at the same rates as were in effect at the time of your original order unless Pixton gives you prior notice of any change to such charges before such charges are made for any subsequent renewal period. If you cancel an auto-renewal or recurring arrangement after the seven (7) day cancellation period or after you have accessed, downloaded, installed or used the Content and/or Services you ordered, you will not be entitled to a refund and the cancellation will be effective at the end of the then current recurring period unless you request an earlier termination date in writing. Cancellation requests must be submitted by email to Pixton at: email@example.com.
WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT AND SERVICES ON OR THROUGH THE SITE, CONTENT AND/OR SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PIXTON DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, CONTENT, SERVICES BY ANY PARTY OTHER THAN PIXTON. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.
LIMITATION OF LIABILITY FOR USE OF THE SITE AND CONTENT
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND DESCRIPTIONS OF CONTENT AND/OR SERVICES PUBLISHED ON THE SITE, OR INCLUDED IN THE CONTENT OR SERVICES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, PIXTON SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE OR CONTAINED IN THE CONTENT OR SERVICES. PIXTON MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, CONTENT AND/OR SERVICES AT ANY TIME.
YOU AGREE THAT PIXTON, ITS AFFILIATES AND SUBSIDIARIES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, LOSS, ACCIDENT OR DEATH OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, CONTENT, SERVICES OR FOR ANY DELAY OR INABILITY TO USE THE SITE, CONTENT, SERVICES EVEN IF PIXTON IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT, DEATH OR DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE CONTENT AND/OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. PIXTON CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, CONTENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL PIXTON BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO PIXTON.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF PIXTON FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO PIXTON.
WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.
UPDATES AND AMENDMENTS
UPDATES AND DISCONTINUANCE OF SITE, SOFTWARE OR SERVICES
You acknowledge and agree that the Site, Content and Services are under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site, Content and/or Services from time to time in order to continue to access the Site, Content and/or Services and your related Account(s). You acknowledge and agree that Pixton may update, modify, patch and/or discontinue any aspect of the Site, Content and/or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you, unless such update involves the collection of additional personal information not previously consented to.
You acknowledge that it may be necessary for you to update or upgrade third party software, hardware and devices from time to time in order to continue to access and use the Site, Content and/or Services and your related Account(s). Pixton reserves the right to modify or increase the system specifications necessary to access and use the Site, Content and/or Services at any time and without notice and you are responsible for purchasing any necessary additional technology, systems or services in order to continue to access and use the Site, Content, Services and/or your related Account(s) in the event of any change in the system specifications.
Pixton reserves the right, at any time and without notice or liability to you, to update, modify and/or reset certain parameters of the Site, Content and/or Services any of which may impact the status, progress or achievements of characters, games, groups and/or items under your control or associated with your Account(s).
CHANGES TO PIXTON
Pixton reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:
(a) modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Content and/or Services including, but not limited to, geographical availability and applicable policies or terms;
(b) make changes to any fees or charges, if any, related to your use of the Site, Content and/or Services;
(c) make changes to the equipment, hardware or software required to use and access the Site, Content and/or Services; and
(d) interrupt the Site, Content and /or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.
This Site is operated from and Pixton is headquartered in the province of British Columbia, Canada. By electing to access this Site, Content and/or Services from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Site, Content and/or Services is in compliance with all laws applicable within that other jurisdiction. Pixton makes no representation that materials and services available on or through the Site, Content and/or Services are appropriate or available for use in jurisdictions outside of Canada. Notwithstanding the above, Pixton always intends to maintain compliance with US privacy laws, including COPPA and FERPA. You are not permitted to access the Site, Content and/or Services from any jurisdiction in which the Content is illegal and/or accessing the Site, Content and/or Services is illegal. You may not use, export or re-export any materials from this Site, Content and/or Services in violation of any applicable laws or regulations.
WAIVER AND SEVERABILITY
You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Pixton, which consent may be withheld in Pixton’s sole discretion, and any attempted assignment in violation of the foregoing is void. Pixton may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site and/or the business and undertaking of Pixton.
Any arbitration to be conducted pursuant to this “Dispute Resolution” section shall be conducted before a single arbitrator in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Disputes. The venue of the arbitration shall be Vancouver, British Columbia, Canada.
The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.