PIXOMATIC

PIXOMATIC PRO TERMS OF USE

TERMS

These "Terms" govern your access and use of the Pixomatic mobile phone applications or Pixomatic web version ("Apps" or “Pixomatic Services”).

If you do not agree to all the terms and conditions of these Terms, or you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of the Pixomatic Services.

Access to the Pixomatic Services

Pixomatic hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to use the Pixomatic Services, provided that you will use the Pixomatic Services only as permitted by these Terms.

Basic Rules

You understand and agree that:

Do not:

Some Basic Rights of Pixomatic

We reserve the right, for any reason and without notice at any time, to:

Content on Pixomatic

Your content is yours. Pixomatic does not claim any ownership rights in the Content that you, other users, or third parties upload, edit, keep, display or share on or through the Pixomatic Services (collectively, "User Content").

Saving and Sharing. The Pixomatic Services allow you to (1) keep Content private by only saving to your Gallery, or (2) share your Content with third-party services like Instagram, Facebook, and others.

Content you share with third parties. When you share your Content through a third-party service that is integrated with the Pixomatic Services (such as Instagram, Facebook, or Twitter), you authorize us to deliver the Content (or a version that we've modified, as needed) to that third-party service. This means that the third-party service's handling of your Content will be subject to its own agreement with you, for which we are not responsible.

Hardware, Software, and Modification. Except for User Content, Pixomatic owns the actual bits and bytes of data on its servers. You have no property or other interest in those bits and bytes, or to any Pixomatic servers, infrastructure, or the Services we offer. Also, Pixomatic performs technical functions necessary to offer the Pixomatic Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Pixomatic Services.

Pixomatic Content. The Pixomatic Services contain Content owned by Pixomatic and its licensors (collectively the "Pixomatic Content"). Pixomatic Content is protected by copyright, trademark, patent, trade secret and other laws, and Pixomatic and its licensors own and retain all rights in the Pixomatic Content and Pixomatic owns and retains all interest and rights in and to the Pixomatic Services. Pixomatic hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to reproduce and display the Pixomatic Content (excluding any software code) for your non-commercial personal use solely in connection with your use of the Pixomatic Services. This means that you can make your own Content that uses certain Pixomatic Content (e.g., stickers, background photos) and use it for non-commercial purposes, but you may not use the clipart specifically (or frames or other Pixomatic Content) in other programs or applications. This applies even if you "buy" the clipart or other Content –when you purchase Pixomatic Content, you receive a personal non-commercial license to use the Content; you do not own Pixomatic Content.

Certain Pixomatic Content may be subject to additional fees or charges. You acknowledge and agree that your purchase of any such Pixomatic Content is restricted to the purchase and sale of a license to such Pixomatic Content and shall not convey ownership of any such Pixomatic Content or intellectual property rights to you.

Do not steal anyone's Content. You must observe copyright and other intellectual property laws of the United States (country of location of Pixomatic LLC, owner and operator of Pixomatic App you download and install from the Google Store), Republic of Armenia (country of location of Qube LLC, operator of Pixomatic App you download and install from App Store) and your country. You may not copy someone else's work and display it elsewhere, or claim it as your own, or make a small change and claim it as your own, etc. Except as provided within this Agreement and under intellectual property laws, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Pixomatic Content or User Content or any other third party Content appearing on or through the Pixomatic Services except as expressly permitted by the holder of the rights in that Content. You represent and warrant that:

You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Pixomatic Services being in violation of this section.

Advertising. Some of the Pixomatic Services are supported by advertising revenue and may display advertisements and promotions. You agree that Pixomatic may place advertising and promotions on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

In-app purchases. The Pixomatic Services may include virtual strings or services that can be licensed for a fee, typically via an in-app purchase ("Purchased Content"). You may only license Purchased Content if you are over 18 years old, and only on a limited, personal, non-transferable, non-sublicenseable and revocable basis for non-commercial use only. If you deactivate your account, you will no longer have access to previously Purchased Content even if you later re-activate your account or create a new account. Pixomatic reserves the right to manage, regulate, control, modify, or eliminate Purchase Content at any time. Upon the Purchased Content being made available to you, Pixomatic's obligations to provide Purchase Content are deemed fulfilled, and Pixomatic makes no representation that Purchased Content will be available to the purchaser for any length of time nor that the Pixomatic Services will continue to support Purchased Content. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT PIXOMATIC IS NOT REQUIRED TO PROVIDE A REFUND FOR PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS OF LICENSE WAS VOLUNTARY OR INVOLUNTARY.

Digital Millennium Copyright Act

Pixomatic specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Pixomatic Services any material that infringes any proprietary rights of any person or entity, including copyrights. Pixomatic will remove any and all Pixomatic Content or User Content if properly notified that such Pixomatic Content or User Content infringes another's intellectual property rights. Pixomatic LLC respond to notices of copyright infringement in compliance with the Digital Millennium Copyright Act and have a policy of terminating repeat infringers in appropriate circumstances.

Service Interruption

There may be occasions when the Pixomatic Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment. Pixomatic encourages you to maintain your own backup of your User Content. In other words, Pixomatic is not a backup service.

Third Party Links

The Pixomatic Services may contain links to independent third-party websites and services (collectively, "Third Party Sites"). Third Party Sites are not under Pixomatic's control, and Pixomatic does not endorse, is not responsible for, and shall have no liability to you with respect to the business practices, privacy practices, or content including, without limitation, any and all materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment and other policies of the Third Party Sites and to determine whether or not you will have any interaction with any of those sites.

Disclaimer of Warranties

THE PIXOMATIC SERVICES AND PIXOMATIC CONTENT ARE PROVIDED ON AND "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PIXOMATIC MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PIXOMATIC SERVICES; (B) THE PIXOMATIC CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PIXOMATIC OR VIA THE PIXOMATIC SERVICES. PIXOMATIC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY PURPOSE.

PIXOMATIC DOES NOT REPRESENT OR WARRANT THAT THE PIXOMATIC SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PIXOMATIC SERVICES ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PIXOMATIC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY USER CONTENT OR PIXOMATIC CONTENT) AVAILABLE ON OR THROUGH THE PIXOMATIC SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PIXOMATIC SERVICES IS AT YOUR SOLE RISK. PIXOMATIC DOES NOT WARRANT THAT YOUR USE OF THE PIXOMATIC SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PIXOMATIC SPECIFICALLY DISCLAIMS SUCH WARRANTIES.

YOU SPECIFICALLY ACKNOWLEDGE THAT PIXOMATIC DOES NOT ENDORSE ANY USER CONTENT OR OTHER THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER ARISING OR RESULTING FROM ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER CONTENT), INTERACTIONS BETWEEN USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXOMATIC, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES WHATSOEVER ARISING OR RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON OR THROUGH THE PIXOMATIC SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE PIXOMATIC SERVICES, INCLUDING, WITHOUT LIMITATION, MAKING PRIVATE CONTENT PUBLIC OR ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE PIXOMATIC SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF PIXOMATIC SERVICES AND/OR ANY AND ALL PERSONAL, PRIVATE, AND/ OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PIXOMATIC SERVICES OR THROUGH THE PIXOMATIC SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PIXOMATIC SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE PIXOMATIC SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING PIXOMATIC CONTENT OR USER CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT (INCLUDING USER CONTENT) OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PIXOMATIC SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIXOMATIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PIXOMATIC'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PIXOMATIC SERVICES, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) FOR PIXOMATIC LLC AND ARMENIAN DRAM 50 000 IN CASE FOR QUBE LLC. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Application of Limitations and Disclaimers

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in immediately preceding paragraphs above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in the Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in the Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.

Release

You acknowledge that Pixomatic does not control the interactions between any user and you, nor does Pixomatic control or monitor any User Content. You acknowledge and agree that Pixomatic does not assume any responsibility or liability for User Content generated by you or any user of the Pixomatic Services posted anywhere, including without limitation, personally identifiable information posted publicly, or the conduct of you or any user, and you bear the entire risk of your continued use of the Pixomatic Services, including your interactions with other users. You agree that Pixomatic will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense (including attorneys' fees), incurred as the result of or relating to any User Content, or any interactions with other users or third parties, including disputes between you and other users regarding User Content, user dissemination of your User Content or any other User Content, and any and all other disputes or conflicts arising from your use of the Pixomatic Services. If there is a claim or dispute between you and any other user or third party, Pixomatic is under no obligation to become involved. You understand and agree that Pixomatic is not responsible or liable in any way for any communication, actions, or conduct between you and other users. You, on behalf of you and your heirs, successors and assigns, hereby release and forever discharge Pixomatic, and its affiliates, employees, contractors, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to the Terms, your use of the Pixomatic Services, any User Content, or any of your interactions with other users or third parties. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Indemnification

You agree to defend (at Pixomatic's request), indemnify and hold Pixomatic and its affiliates, directors, officers, employees, contractors, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Pixomatic Services or those conducted on your behalf): (i) your User Content or your access to or use of the Pixomatic Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Pixomatic in the defense of any claim. Pixomatic reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Pixomatic.

International Users

Although the Pixomatic Services may be accessible worldwide, Pixomatic makes no representation that the materials and/or content made available in connection with the Pixomatic Services are appropriate or available for use in locations outside the United States (for Pixomatic LLC) or Republic of Armenia (for Qube LLC), and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Pixomatic Services from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Pixomatic Services is void where prohibited. BY ACCESSING OR USING THE PIXOMATIC SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PIXOMATIC SERVICES.

Export Control

Users may not download, use, export or re-export any materials or Content (including User Content and Pixomatic Content) posted or submitted on or through the Pixomatic Services or any software utilized or available in connection with the Pixomatic Services in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations and controls.

Governing Law and Venue

The Terms, Privacy Policy, and Additional Terms and other Policies (if any) shall be governed by the laws of the State of California (if you download and install App from the Google Store or use web version, which operator is Pixomatic LLC, US based company) and the Republic of Armenia (if you download and install App from the App Store, which operator is Qube LLC Armenian based company) without giving effect to any conflicts of laws principles. The United Nations Conventions for International Sale of Goods does not apply to this agreement.

Other Terms

In any action to enforce the Terms, Privacy Policy, or Additional Terms the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against Pixomatic, or its affiliates, officers, directors, or agents, must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under the Terms to any party, and any purported attempt to do so will be null and void. Pixomatic may freely assign its rights and obligations under the Terms. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by Pixomatic to enforce or exercise any provision of the Terms or related rights shall not constitute a waiver of that right or provision. All notices to you shall be made in writing and delivered via email to the email address designated by you in your user account or by otherwise posting such notices on the Pixomatic Services. Pixomatic reserves the right to broadcast notices or messages through the Pixomatic Services to inform you of changes to the Pixomatic Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of publication. These Terms, together with the Privacy Policy, the Additional Terms, and any other legal notices published by Pixomatic, constitute the entire agreement and understanding between the parties concerning the subject matter of the Terms and supersede all prior agreements and understandings of the parties with respect to that subject matter. The Terms may not be amended or modified, except by a written agreement signed by the parties.

Changes to these Terms

Pixomatic reserves the right to alter these Terms at any time in its sole discretion. If the alterations constitute a material change to these Terms, Pixomatic will notify you by posting the updated Terms to the Pixomatic Website. Your continued use of the Pixomatic Services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Pixomatic Services. You agree to review the Pixomatic Website periodically for any such changes to the Terms.

Reporting Violations

If you become aware of any misuse of the Pixomatic Services or any violation of the Terms, Privacy Policy, or Additional Terms, please report such misuse and/or violation by sending an email to Pixomatic at support@pixomatic.us

Questions or Additional Information

If you have any questions regarding the Terms, please contact us by e-mail at support@pixomatic.us "Attention: Terms of Use."

Note:

Pixomatic LLC is the company who operates App which you download and install from the Google Play as well as Pixomatic web vesion.

Qube LLC is the company who owns and operates App which you download and install from the App Store.

Pixomatic provide you services if you are a user of App downloaded from the Google Store or Pixomatic web version.

Qube LLC provides you services if you are a use of App downloaded from the App store.

Pixomatic LLC locates at 1214 Grandview Ave Apt C Glendale, Ca 91201, USA. Pixomatic LLC acts in accordance with the USA legislation.

Qube LLC locates at 27/4 Azatutyan ave., Yerevan, Armenia, 0014. Qube LLC acts in accordance with the Armenian legislation, in particular the Law of Armenia on Protection of personal data.