Terms of Service

Effective Date: October 26, 2023

Welcome to pixely.top. These Terms of Service ("Terms," "Agreement") govern your access to and use of the pixely.top website and any related services, features, content, or applications offered by pixely.top (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access the Service.

1. Acceptance of Terms

The Service is provided by pixely.top ("we," "us," "our," or "the Company"). By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement constitutes a legally binding contract between you and pixely.top. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms.

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on the Service and updating the "Effective Date" above. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this Agreement.

2.2 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes.

2.3 Restrictions

You agree not to, and will not permit others to:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Violate or encourage others to violate the rights of third parties, including intellectual property rights.
• Post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, or hateful.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Bypass any measures we may use to prevent or restrict access to the Service.
• Use the Service to generate or distribute spam, malware, or other harmful content.

We reserve the right to refuse service, terminate accounts, or limit access to the Service at our sole discretion.

3. User Responsibilities

3.1 Account Security

If the Service requires you to create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.2 User Content

"User Content" means any data, information, text, graphics, or other materials you upload, submit, or transmit through the Service. You retain ownership of your User Content. However, by submitting User Content, you grant pixely.top a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content solely for the purpose of operating, providing, and improving the Service.

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Content and to grant the license above.

3.3 Prohibited Content

You agree not to submit User Content that:

• Infringes any third party's intellectual property rights, privacy rights, or publicity rights.
• Is false, misleading, or deceptive.
• Contains viruses, Trojan horses, worms, or any other harmful or destructive code.
• Is illegal, including content that is threatening or promotes violence, hatred, or discrimination.

We have the right, but not the obligation, to monitor, review, or remove User Content at our sole discretion.

4. Intellectual Property

4.1 Our Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of pixely.top and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of pixely.top.

4.2 Feedback

If you provide us with any feedback, comments, or suggestions regarding the Service ("Feedback"), you assign to us all rights, title, and interest in such Feedback. We are free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback as we see fit, without obligation or restriction of any kind.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXELY.TOP, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAIN