If you undertake any of the aforementioned actions, your privileges to use our Service may a tour discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Pixofarm reserves the right to suspend or terminate any account at any time without notice or explanation.
5. Intellectual Property Rights
The design of the Pixofarm Service along with Pixofarm-created text, scripts, graphics, interactive features, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pixofarm, and subject to copyright and other intellectual property rights under Austrian and foreign laws and international conventions. Pixofarm reserves all rights not expressly granted in and to the Service and the Site.
You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given you express written permission.
When you send content to Pixofarm (e-mail, social media, etc.), you grant Pixofarm and its affiliates and representatives and assigns a non-exclusive, fully-paid, perpetual, royalty-free, worldwide, universal, and transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, and prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through Pixofarmor any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your content, and to use your content to advertise and promote Pixofarm.
We are not required to host, display, or distribute any content, and we may refuse to accept or transmit content and may remove or delete content from Pixofarm at any time.
7. Payment and Refunds
Pixofarm offers paid subscriptions. After receipt of the invoice by Pixofarm, the customer must transfer the amount stated therein within 30 days to the account Erste Bank-Wien, IBAN: AT222011 1840 9798 6700, BIC-Code GIBAATWWXXX.
The prices for Pixofarm services are exclusive of VAT. In case of settlement, any taxes will be added to the product price.
At Pixofarm, we want to make sure that you are completely satisfied with our Service. Therefore, you may cancel your account with us at any time. However, a refund may not be granted in all circumstances. Although we may grant refunds in most cases, we examine refunds on a case-by-case basis and have the sole discretion in granting or denying any refunds.
8. Representations and Warranties
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists. You agree that we are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
We are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently. The provision of our service to you is contingent on your agreement with theseTerms and any other agreement we have entered into with you. Nothing in the provisions of this "representations & warranties" section shall be construed to limit the generality of the first paragraph of this section.
For the avoidance of doubt Pixofarm shall in no event be responsible for a failure or nonperformance of its Services if this is due to circumstances beyond the control of Pixofarm(without Pixofarm having at least gross negligently violated a contractual obligation associated therewith).
9. Limitations on Liability
In no event shall Pixofarm, its directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Pixofarm shall not be liable for content 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. In the event of any problem with this Site and/or Application or any content, you agree that your sole remedy is to cease using this Site. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy, if any, is to terminate use of our Site and/or Application. Pixofarm is not liable to you or to third parties for any damage, harm, injury or claim.
Furthermore, Pixofarm shall have no liability if damages or errors results from use of the service without following the explanations available on https://www.pixofarm.com/user-guide
You agree to defend, indemnify, and hold harmless Pixofarm GmbH, its directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Pixofarms Site and Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Pixofarm Service.
The Pixofarm software may contain software provided by third parties, and such third party’s software shall be subject to the terms set forth in the agreements pertaining to such software. In the event such agreements are not available, such third party’s software is provided on an“as is” and “as available” basis, without any warranty of any kind, and the provisions of this Agreement shall apply to all such third party software providers and third party software as if they were Pixofarm and the Service, respectively.
Should individual provisions of these Terms be ineffective, the remaining contract remains nonetheless valid. In this case, the ineffective provision will be replaced by a legally valid provision that comes closest to that intended by the parties.
Austrian law applies to these Terms and the purchase contract based thereon. The place of jurisdiction is Vienna, Austria.
All agreements, subsequent changes, additions, ancillary agreements, etc. must be in writing to be valid, including the original signature or secure electronic signature.
Declarations, advertisements, etc. addressed to Pixofarm - with the exception of notices of defects - must be in writing in order to be legally effective, including the original signature or the secure electronic signature.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
12. CONTACTING US
13. CHANGES TO OUR TERMS OF SERVICES
We recommend that you check this page regularly to keep up to date.