PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE PIXASH.COM WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND Pixash (hereafter "PIXASH"). By accessing any service or part thereof under the PIXASH.com domain, you agree to be bound by the terms of this Agreement. Pixash reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.
This Site is owned and operated by Pixash All images on this web site are owned by Pixash or its partners/contributors and are protected by International copyright laws and international treaty provisions. Pixash retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from Pixash, if you fail to comply with any provision of this agreement. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, Pixash reserves the right to terminate this site without notice.
Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by Pixash. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the Pixash End User License Agreement (EULA) and any relevant Licensing Agreements.
LINKS TO THIRD PARTY SITES
Pixash provides links to third-party sites as a convenience to you. Pixash does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by Pixash of such sites. Pixash is not responsible for the content of any linked sites.
Pixash represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.
Pixash warrants that the Image(s) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.
EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Pixash DOES NOT WARRANT THAT THE IMAGE(S) WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IMAGE(S) IS WITH YOU. SHOULD THE IMAGE(S) PROVE DEFECTIVE, YOU (AND NOT Pixash OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.
YOU REPRESENT, WARRANT AND COVENANT THAT:
You are at least 18 years of age and have the right to enter into this Agreement; You will not use the Images in any way that is not permitted by this Agreement or any other relevant Licensing Agreements; Your use of the Images will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party; The information you provide to Pixash is accurate and true, including without limitation all credit card information; You agree that all passwords to your Pixash account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to terminate this Agreement immediately with notice to you retain all unpaid payments pursuant to this Agreement and seek any legal or equitable remedies.
LIMITATION OF REMEDIES
Cancellation/Expiration: In the event this Agreement is not terminated but the Subscription period has been canceled or has expired, you may continue to use the Images that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement and other relevant Licensing Agreements. No Monetary Damages: Under no circumstances whatsoever will Pixash be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the Image(s) even if Pixash or a distributor authorized by Pixash has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to fully defend and indemnify Pixash, its employees, directors, and officers, and anyone else associated with Pixash, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising from the breach of the warranty above. USAGE Pixash reserves the right to change and amend the prices of any credit/subscription package or the credit download rates and download sizes without prior notice to you. However, Pixash will always endeavor to notify you of any impending price changes.
This Agreement constitutes the entire agreement between You and Pixash regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by Pixash to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
If Pixash is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse Pixash for its legal fees, costs and disbursements if Pixash is successful. ASSIGNABILITY You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. ENTIRE CONTRACT YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Pixash, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Pixash RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN Pixash.COM WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.
THIS AGREEMENT WAS ORIGINALLY COMPOSED IN ENGLISH AND WAS SUBSEQUENTLY TRANSLATED INTO OTHER LANGUAGES. THE FIDELITY OF SUBSEQUENT TRANSLATIONS CANNOT BE GUARANTEED. IN CASE OF CONFLICT BETWEEN THE ENGLISH VERSION AND ANOTHER LANGUAGE VERSION, THE ENGLISH VERSION TAKES PRECEDENCE.
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