Pixelstream Terms and Conditions

The website located at www.pixelstream.com and all subpages or related mobile apps (“Website”) is provided by Pixelstream, Inc., and its subsidiaries (collectively, “Pixelstream” or “we”).

These “Terms and Conditions” (“Terms” or “Agreement”) govern your use of the Website and your purchase of products offered for sale or described on the Website (“Products”). They form a binding agreement between you and Pixelstream.

If you do not agree to all of the terms of this Agreement, please do not use the Website or purchase Products through it. If you have questions, please contact us at privacy@pixelstream.com.

License

Pixelstream grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Website only for personal purposes and strictly in accordance with these Terms. These Terms govern any upgrades of the Website by Pixelstream, unless the upgrade is accompanied by a separate license, which will govern. All rights not expressly granted in these Terms are reserved for Pixelstream. You may access, download, and print materials only where you retain all notices, trademarks, and other markings found on those materials.

Website Ownership and Content

The Website contains materials and other items about Pixelstream’s products and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Pixelstream, its licensors, licensees or other third parties (collectively the “Content”).

The Website and the Content are owned, licensed, or controlled by Pixelstream, its licensors, and certain other third parties, and as such all right, title, interest in and to the Content and the Website is the property of Pixelstream, its licensors, or certain other third parties, and protected by United States and International copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible.

Pixelstream is the owner of the copyright in the Content on the Website. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Other than as explicitly permitted herein, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, website, medium or commercial enterprise, any part of the Website or any Content without our express prior written consent.

Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or the Content except as permitted or consented by these Terms.

No Guarantee of Website Use

We may make improvements, changes, or amendments to the information, services, products, and other materials on the Website, or terminate the Website, or your access to the Website, at any time in our sole discretion. We reserve the right to change, suspend, remove, or disable access to the Website at any time without notice. In no event will we be liable for any harm claimed from the removal or disabling of access to the Website. We may also impose limits on the use of or access to the Website, or portions thereof, in any case and without notice or liability.

The Website that may be accessed from, displayed on or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Website is appropriate or available for use in any particular location. To the extent you choose to access the Website, you are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

Information You Provide and We Collect

The collection and use of your Personal Information is governed by our Privacy Policy , as is our collection of technical data and other information related to your visits to and use of our Website.

User Conduct

You agree that you will comply with these Terms and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, violent, or threatening to others, or negatively impacts others’ ability to use the Website (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Website; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Website for any other authorized user; or (g) violate any applicable local, state, national or international law.

You also agree that you will not (h) attempt to gain unauthorized access to any portion or feature of the Website or our systems, networks or servers by hacking, password “mining” or any other illegitimate means. You agree not to (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Website, systems, networks or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Website. You also agree not to sell, license, or distribute any such Content, materials, documents, or information. We reserve the right to bar any such activity or use in our sole discretion.

You acknowledge that the Website, and any related blogs, messages, or other information, are for informational purposes only. The views expressed by authors of our articles and blog posts, including employees and outside guest authors, are the opinions of the individual author, and do not represent the opinions or views of Pixelstream.

Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content, the Website, our products or services, or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Website or our products or services, any updates, or any part thereof except as expressly permitted herein.

You agree to provide true, accurate, current, and complete information to Pixelstream through the Website.

If you register for an account to use the Website, you agree to provide a username and password, and to assume all responsibility for the activity occurring on the account. Please immediately notify Pixelstream if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password.

User Content

When you post or share pictures, reviews, messages, comments, content, or other information on the Website or other Pixelstream-sponsored forums, blogs, social networking sites, or other communities, you create “User Content.”

Please do not create User Content that includes pictures or videos of family or friends if you do not have their permission to post such photos. User Content must not be defamatory, slanderous, indecent, obscene, pornographic, sexually explicit, discriminatory, violent, hateful or be used for commercial gain. The Website is not intended as a political or policy forum. You further represent and warrant that you are the sole author and owner of User Content and to your knowledge it does not infringe on the rights of or harm any other third parties. You give Pixelstream the sole and exclusive right to remove, alter, or change the User Content and to bring any legal actions regarding such User Content on your behalf.

Copyright Notice and Take-Down Procedures

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to Pixelstream consistent with the Digital Millennium Copyright Act (DMCA) by providing the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent); Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that Pixelstream may find it on the Website; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

Pixelstream, Inc.
Attention: General Counsel
PO Box 93
Isle, MN 56342
Email: privacy@pixelstream.com

Purchasing Product

All transactions for Product are subject to our acceptance, in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any transaction for any or no reason, in our sole discretion, regardless of whether the transaction has been confirmed, and without liability to you or any third party.

Pixelstream must receive payment prior to its acceptance of an order, unless otherwise agreed by Pixelstream. Pixelstream expressly conditions its acceptance of your order on your agreement to these Terms and Conditions, and to any additional terms provided on the Website that govern your purchase of certain Products.

If payment has already been made and your order is cancelled or limited, Pixelstream will refund any payment you made for Product that will not be shipped due to cancellation or limitation of an order. Payment will be made in the same tender as the original purchase. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website.

Pixelstream reserves the right without prior notice to discontinue or change specifications and prices on Products offered on or off the Website without incurring any obligation to you. Prices and availability are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website, but Pixelstream reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions.

Disclaimer of Representations and Warranties

THE WEBSITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE WEBSITE OR ITS CONTENTS. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE OR ITS CONTENT.

Notwithstanding anything to the contrary herein, this Disclaimer of Representations and Warranties does not apply in New Jersey.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PIXELSTREAM, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, OR INFORMATION CONTAINED WITHIN THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE, IF ANY, OR $500, WHICHEVER IS LESS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above.

Governing Law and Venue

For any issue or dispute that arises out of or otherwise relates to this Agreement or with your use of the Website, the Privacy Policy, or any matter including Pixelstream including the purchase of any Products (collectively “Disputes”) shall be governed exclusively by the laws of the state of Minnesota and adjudicated only in the state and federal courts located in Mille Lacs County, Minnesota.

General Provisions

If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then the provision will be deemed severable with the remaining provisions unaffected, continuing in full force and effect. Except as expressly set forth in these Terms, no failure or delay by you or Pixelstream to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy. You may not assign or transfer your rights or obligations under the Terms by operation of law or otherwise without Pixelstream’s prior written consent, and any such attempt will be of no effect. Pixelstream may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

The trademarks and other logos, product, and service names are trademarks and service marks owned by or licensed to Pixelstream or its affiliates. You agree not to display or use the trademarks in any manner without the prior written permission of Pixelstream or its appropriate affiliates. All other trademarks are the property of their respective owners.

Changes to these Terms

If we change these Terms, we will post them on the Website with a new “Last Updated” date. Refer to this date to make sure you understand the Terms that are applicable to you. Continued use of our Products or Website is deemed acceptance of the updated Terms.

Last Updated: September 13, 2022