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Special Service Terms for Pixlr®

 

Last Updated: August 27, 2014

Your access to and use of this Service is governed by these Special Service Terms, which form part of  the Pixlr Terms of Service (“Terms of Service”) which incorporate these Special Service Terms by this reference (collectively, “these Terms” herein).

I.  MEMBERSHIPS AND SUBSCRIPTIONS

A. Subscription Plans.

  • We offer one or more subscription plan(s) (each, a “Subscription Plan”) for free of charge or for a fee (e.g., “Premium Subscription”).  The Subscription Plans and fees, if any, are described on the Service, and may be revised from time to time by us.
  • In addition to these Special Service Terms,  if you intend to join a paid Subscription Plan you may be subject to additional terms and conditions, which are incorporated herein by this reference (each a “Paid Subscription Plan”).
  • Your Subscription Plan access to the Service is conditioned on your agreement and adherence to these Terms and, if applicable, to your fully paid membership and/or other fees (if any).  Your Subscription Plan will be for the time period agreed to by you and us, and will automatically renew for indefinite successive renewal terms for the same period of time, unless terminated by you or us in accordance with these Terms.  If you have a Subscription Plan, you may terminate such membership at any time for any reason (see “How to Contact Us” below).  However, all Paid Subscription Plan fees, when paid, are non-refundable, except as set forth in these Terms.
  • We may terminate, modify, revalue, or otherwise change the Site and/or any Subscription Plan features, functionality, element, fees and/or Entitlement in our sole discretion without advance notice or liability.  If you are a subscriber of one of our Paid Subscription Plans and we make any such termination, modification, revaluation or other change that materially and adversely diminishes the value of your Subscription Plan in a way you don’t accept, then you can terminate your Paid Subscription Plan and we will provide you with either of the following at our sole discretion and determined as we deem reasonable (and the provision of same will be your sole and exclusive remedy for such changes): (i) a pro rata refund of your previously paid but unused Subscription Plan fee(s); or (ii) an online credit for future redemption of comparable value corresponding to the value of the diminished features.

B. Payments.

  • You agree to pay for any Paid Subscription Plan on time via your account through a third party payment gateway such as PayPal, payment processor such as Mac App Store, or a payment service provider such as BlueSnap (each a “Payment Processor”), and you authorize the Payment Processor to charge your credit card, debit card or other designated account in advance of Paid Subscription Plan activation or renewal, for the fee(s) specified by us for your Paid Subscription Plan, regardless of whether or not you actually access or use the Service.  Payment terms are subject to the terms of sale and other terms and conditions of the Payment Processor or Autodesk as applicable.  You agree to pay all costs incurred by us and the Payment Processor with respect to collection of any past due amount, including legal and collection fees and costs.
  • Unless otherwise specified by the Payment Processor, all fees are quoted and payable in United States Dollars.  You are also responsible for paying all taxes applicable to your Paid Subscription Plan.
  • You can only dispute any charge within ninety (90) days after such charge is made to your account.  Otherwise, except as required by applicable law, any and all such complaints are waived by you.

II. CONTENT AVAILABLE ON THE SERVICE

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable, or Content that promotes activities or practices that pose a risk to your health or that are otherwise illegal or objectionable. Under no circumstances will we be liable in any way for any Content, or for any loss or damage of any kind, including bodily injury and death, incurred as a result of the use of any Content edit, uploaded, posted, shared, emailed or otherwise transmitted or made available via the Service.

You acknowledge that we do not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse, remove or move, permanently or temporarily, any Content that is available via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, safety, or usefulness of such Content.

III.  SAVING LOCALLY OR EDITING YOUR CONTENT

With respect to Your Content (such as photos) that you edit using the Service, to the extent Your Content is saved by you on your local computer or mobile device, they are not uploaded to the Service.  Other than as permitted by you hereunder or requested by you, we will not use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate or reformat your photos.  In addition, if you do upload any photos to the Service solely for the purpose of editing the photos, we will use commercially reasonable efforts to delete the copies of such photos stored by the Service promptly after it is no longer necessary for such photos to be stored by the Service. 

IV. HOW OTHERS MAY USE YOUR CONTENT

In those instances where you upload, post, share, email or otherwise transmit or make available Your Content to the Service, your grant of rights regarding our and others’ rights to use Your Content is governed by these Terms.  Without limitation, by publishing, sharing, or posting Your Content or otherwise making it available for other users to use, view or access through the Service, you grant to each other user of the Service a non-exclusive worldwide right to use, copy, display, share, distribute, rate, comment on, and publicly perform Your Content, in each case as permitted by the functionality of the Service. Such license is an agreement solely between you and the other user (as licensee) of Your Content.

V. OTHER RESTRICTIONS; CONFLICTING TERMS

Your right to use the Service is subject to these Terms. Without limitation of these Terms (including, without limitation, the “Be Nice” Policy), this Service is not intended for the exchange of Sensitive Personal Information, and by using this Service, you agree that you will not include in Your Content any Content which violate(s) another’s rights and will not include any image of any individual from which his or her personal identity could be determined.

VI. HOW YOU CAN CONTACT US

If have any questions regarding the Service or you want to contact us, please direct your communications as follows:

  • ACCOUNT: To terminate your account or for questions or issues about your account, please contact us by e-mail at info@pixlr.com.
  • COPYRIGHT INFRINGEMENT: For claims of copyright infringement, please contact CopyrightAgent@autodesk.com in accordance with Section 19.c. of the Terms of Service.
  • OBJECTIONS TO CHANGES: If you do not agree to material changes we’ve made to these Terms, please provide written notification to license@autodesk.com pursuant to Section 19.g. of the Terms of Service, specifying the “Last Updated” date of these Terms with which you disagree, and what you disagree with.
  • TECHNICAL QUESTIONS AND ALL OTHER INQUIRIES: For technical questions and all other inquiries, please contact us at info@pixlr.com.
  • In the event of any irreconcilable conflict or inconsistency between any of the terms and conditions of the Terms of Service and those of these Special Service Terms, the terms and conditions of these Special Service Terms will govern.

© 2014 Autodesk, Inc.