Pixaera Inc.

These Terms are Legally Binding

Welcome to Pixaera Inc. These Terms of Use (“Terms”) form a legally binding contract between you (“you,” “your,” “Client” or “End User”) and Pixaera (“we,” “us”, “our” or “Pixaera”).

Pixaera Inc. (“Pixaera”) provides health and safety training using virtual reality headsets and software (the “Service”), including the Pixaera mobile application (the “Application”). The Pixaera website (the “Site”) is comprised of various web pages operated by Pixaera Inc. (“Pixaera”). Your use of the Service constitutes your agreement to all such Terms as well as our Privacy Policy which can be found here: https://www.pixaera.com/privacy-policy/ Please read these terms carefully, and keep a copy of them for your reference.

Please feel free to contact us at help@pixaera.com for any questions, inquiries, or issues.

Disputes

Please note that Section ‎22 (Disputes) contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions.



TERMS OF USE

  1. DEFINITIONS. THE FOLLOWING CAPITALIZED TERMS WILL HAVE THE FOLLOWING MEANINGS WHENEVER USED IN THESE TERMS:
    1. Client” means any business or person that subscribes to Pixaera’s Service for use by its employees, consultants, and/or contractors.
    2. Client Content” means non-public information provided by Client to Pixaera to enable the provision of the Service. Client Content includes information in electronic form input or collected through the System by Client, including without limitation by Client’s End Users.
    3. Documentation” means Pixaera’s standard manuals and instructions related to use of the System, as well as other Pixaera documents (whether hard or soft copy) that Client will obtain or have access to during the Term.
    4. End User” means any person who is permitted by Pixaera to use the System through Client’s account or passwords and for whom Subscriptions have been ordered, and who has been supplied End User identifications and passwords by a Client. End Users may include Client’s employees, consultants, contractors, or even Client itself in the event that Client is both signatory and End User.
    5. End User Information” means any data or information supplied by any End User including any personal information.
    6. Privacy Policy” means Pixaera’s privacy policy, as made available at https://www.pixaera.com/privacy-policy/
    7. Fees” means Implementation Fees and Subscription Fees stated on each purchase order (the “Order”).
    8. Implementation Services”, if any, are described in an applicable SOW and are provided by Pixaera to Client pursuant to this Agreement (including each Order placed hereunder). As part of Implementation Services, Pixaera will provide Client with permissive access to the System during the Term to enable the application described in an Order to operate on the System. Implementation Services may comprise: (1) Pixaera “System Software”, as defined herein; (2) content; and (3) training objectives
    9. Subscription” means subscriptions to access and use the System for a designated period of time for which Subscription Fees are fully prepaid (the “Subscription Term”, defined herein). Each Subscription terminates at the end of the Subscription Term (except as otherwise provided herein). There shall be no refund of Subscription Fees (except where required by law).
    10. System” means Pixaera’s proprietary virtual reality platform, including Pixaera tools, software, modules and all related Intellectual Property, as may be released from time to time and made available by Pixaera with notice to Client.
    11. System Software” means any software, documentation or data related to the System including, without limitation, modules, libraries, architecture and frameworks, and related intellectual property, including all improvements, enhancements or modifications made thereto, whether made before, during or after the Term, including in connection with Implementation Services or Support Services.
    12. SLA” means Pixaera’s standard service level agreement, as made available at Pixaera.com (http://www.Pixaera.com) as may be modified from time to time by Pixaera at Pixaera’s sole discretion.
    13. Term” is defined below. “Subscription Term” is the period stated on each respective Order.

  2. CLIENT ACCOUNTS
    1. Registering. Clients can sign up for a Client account by following the instructions on the Site. Clients may only register for an account for themselves or for a company or group that they have the authority to represent. Each Client represent and warrant that they have the authority to bind their employer, company, or group to these Terms.
    2. Clients are responsible for all activity that occurs on their account. Clients must immediately notify Pixaera of any unauthorized use of their account, or any other account related security breach of which a Client is aware.
    3. Any breach or violation of any term in the Terms of Use as decided solely by Pixaera will result in the immediate termination of the account.

  3. END USER ACCOUNTS
    1. Registering. End Users may sign up for an End User account via their Employer’s account and by following the instructions on the Service. Pixaera reserves the right to reject any new registration or cancel any existing account at any time and for any reason.
    2. You will input accurate information about yourself. If you discover any inaccurate information in Pixaera regarding you or your condition, you agree to take all reasonable steps necessary to correct such inaccurate information;
    3. It is the End User’s responsibility to choose and maintain a secure password to access the Service. End Users acknowledge that Pixaera is not liable for any breach, loss, or damage from your failure to maintain the security of an account and/or password.
    4. End Users are responsible for all activity that occurs on their account. End Users must immediately notify Pixaera of any unauthorized use of their account, or any other account related security breach of which an End User is aware.
    5. Any breach or violation of any term in the Terms of Use as decided solely by Pixaera will result in the immediate termination of the account.
  4. WARRANTIES
    1. User Warranties (Clients and End Users). You warrant and represent, and can demonstrate to our full satisfaction upon request, that:
      1. You are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Pixaera does not knowingly collect personal information from persons under the age of thirteen (13). If You are thirteen or under you are not permitted to use the Service.
      2. You own or otherwise controls all rights to any uploaded Information or have full authority to act on behalf of any and all owners of any right, title or interest in and to any Information uploaded to the Service, and have permission to use the name and likeness of each identifiable individual person uploaded to the Service.
      3. You will adhere to all safety instructions and other instructions for using the System and Service and you will sign the Pixaera health and safety waiver and release before using the System or Service: https://www.pixaera.com/safety-waiver
      4. You acknowledge that all Content accessed using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to You or any other party resulting therefrom. You understand and agree that the Site and Service are provided to you on an “AS IS” and “AS AVAILABLE” basis.
  5. CLIENT LICENSE; DOCUMENTS; SERVICE LEVELS
    1. Permissive Use by Client. During the Term, Client, including Client’s designated End User(s) described in each Order (the “Authorized Users”), may access and use the System and Service pursuant to the terms of any outstanding Order, including such features and functions as the Order requires, solely pursuant to Pixaera’s policies as such policies may be updated from time to time with notice to Client. With respect to any System Software required by Client to use Implementation Services on Client premises or devices, Company hereby grants Client a non-exclusive, non-transferable, non-sublicensable, revocable license to use such System Software solely during the Term and only in connection with the Service provided that (1) the System Software and Service are only used and accessed in accordance with the documentation (if any) and training materials (if any) provided by Pixaera and then only by Authorized Users; and (2) Client shall not allow any party other than an Authorized User to access or use the System Software or Service. The Client agrees to be responsible for the actions and omissions of all of its Authorized Users to the same extent as if such actions and omissions were the Client's own. Accordingly, all of the Client's Authorized Users' actions and omissions shall be deemed the Client's actions and omissions for purposes of this Agreement.
    2. Service Levels. Pixaera shall provide the remedies listed in the SLA for any failure of the System listed in the SLA. Such remedies are the Client’s sole remedy for any failure of the System, and Client recognizes and agrees that if the SLA does not list a remedy for a given failure, it has no remedy. Credits issued pursuant to the SLA apply to outstanding or future invoices only and are forfeited upon termination of this Agreement. Pixaera is not required to issue refunds or to make payments against such credits under any circumstances, including without limitation after the termination of this Agreement.
    3. Documentation. The client may reproduce and use the Documentation solely as necessary to support its and Users’ use of the System. Solely to the extent necessary to enable Client and End Users to use the System pursuant to this Agreement, Pixaera hereby grants a non-exclusive, revocable, non-transferable limited license to use and reproduce Documentation during the Term.
  6. EQUIPMENT; SOFTWARE; UPDATES
    1. Certain equipment and software may be required to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Service or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Service, you agree to such automatic updating.
    2. We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use the System or Service that we believe present a health and safety risk or violate our agreements, or any laws, regulations, or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the System or Service.
  7. END USER CONTENT
    1. End User Content. You may upload images, videos, text, comments, graphics, etc. of (collectively, the “End User Content”) as part of your use of the Service.
    2. Rights and Licenses. When you upload Client Content or End User Content (collectively, the “Content”) to the Service, you grant Pixaera and its authorized sub-licensees and distributors, a worldwide, non-exclusive, royalty-free, right and license to reproduce, distribute, digitally transmit, stream, display, create derivate works of, communicate to the public, synchronize, and collectively exploit this content and all associated copyrightable works or metadata for the purposes of providing the Service. The foregoing license grant does not affect any ownership or license rights in the Content (the, including the right to grant additional licenses to the Content.
    3. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Service or System. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Pixaera the license described above. Client and End User jointly and severally agree to indemnify Pixaera and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the Content and/or Client’s or End User’s failure to comply with these the terms described in this document.
    4. Personal Information. Any personal information or data submitted to Pixaera is governed by the Pixaera Privacy Policy which you can find at this link: https://www.pixaera.com/privac...
    5. Communication Services. The Site may contain functionalities (including blogs, message boards, user reviews, etc.) that allow Clients or End Users to upload Content to the Site (collectively the "Communication Services"). You agree that you will not upload or transmit any communications or content of any via the Communication Services that infringe or violate any rights of any party. By submitting communications or content via the Communication Services, you agree that such submission is non-confidential for all purposes. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

      If you make any submission via the Communication Services or if you submit any business information, idea, concept or invention to Pixaera by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Pixaera a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Pixaera may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them via the Communication Services or to Pixaera by email. We try to answer every email in a timely manner but are not always able to do so.
    1. Infringing Material. Pixaera has no obligation to monitor the Communication Services. However, Pixaera reserves the right to review all content prior to submission to the Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion. Pixaera reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.THIRD PARTY SERVICES
    1. We may provide links to third party web sites or offer to you certain third party services including but not limited to the ability to connect with experts (collectively, “Third Party Service(s)). Such Third Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and this Agreement does not apply to your use of any such offered Third Party Services.
    2. You are responsible for evaluating whether you want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the Site, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because you may give the operator permission to use your information outside of what you have agreed to herein. We are not responsible for, nor endorse any features, content, advertising, products or other materials on or available from such Third Party Services.
  8. PAYMENTS
    1. We reserve the right at any time to change our fees (including to begin charging for services that we are currently providing free of charge) and billing methods, either immediately upon posting on the Site or by email delivery to you.
    2. If you wish to purchase any product or service made available through the Service or from any third party ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
    3. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true, correct, and complete.
    4. If your purchase or use of the Service is subject to any type of use or sales tax, duty, or other governmental tax or fee ("Taxes"), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Service.
    5. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order if fraud or an unauthorized or illegal transaction is suspected, or other reasons.
  9. TRIAL ACCESS
    1. We may offer free trials or other limited versions of Service so you can preview Service or System before you purchase the full version. These versions may have limited features, restrict permitted time of use, and contain other limitations.
  10. NETWORK COSTS
    1. You may be charged by your network provider for data services or any other third party charges as may arise while using the Service and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
  11. CONDITIONS OF USE
    1. You agree that you shall only use the Service for legal purposes and shall NOT:
      1. engage in any conduct that is unlawful, immoral, threatening, abusive, or in a way that is deemed unreasonable by Pixaera in its sole discretion.
      2. use the Service in any manner inconsistent with this Agreement;
      3. act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;
      4. infringe our intellectual property rights or those of any third party in relation to your use of the Service;
      5. transmit any material that is confidential or proprietary;
      6. use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
      7. collect social security or insurance number, financial account number, drivers’ license number, health information, or other sensitive information required to be secured under applicable local, state, provincial, national, or other law, rule, or regulation, or for which disclosure is required in case of a data breach without first obtaining our prior written consent;
      8. collect or harvest any information or data from the Service or attempt to decipher any transmissions to or from the servers running any Service;
      9. access the Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Service;
      10. use the Service in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
      11. impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
      12. use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
      13. access, search, or create accounts for the Service by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
      14. send unsolicited communications, promotions or advertisements, or spam;
      15. "stalk" or harass any other user of our Site, Application, or Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as part of the Service;
      16. send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
      17. sublicense, resell, time share or similarly exploit the Service; or
      18. authorize, permit, enable, induce, or encourage any third party to do any of the above.
  12. INTELLECTUAL PROPERTY
    1. You acknowledge that Pixaera retains ownership of all its intellectual property incorporated in the System and Service (including all improvements, enhancements, updates and corrections) and any intellectual property generated by Pixaera in the process of providing the Service. Your use of the System does not grant you any intellectual property rights in the Service or System or any of its components. Pixaera shall own and retain all right, title and interest in and to (a) the Service and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Service or support, and (c) all intellectual property rights related to of the foregoing. If Pixaera is specifically directed by Client to use Client-proprietary content, or to integrate a Client-proprietary process to run on top of the System Software, such specific proprietary content and process, constitute “Client Content”.
    2. You may use the software, proprietary systems, and intellectual property owned by Pixaera, or for which Pixaera has appropriate authority to use, and you agree that such intellectual property is protected by copyright, trademarks, patents, proprietary rights, and other laws, both domestically and internationally. All rights not expressly granted herein are reserved to Pixaera and its licensors.
    3. You agree and accept that any intellectual property generated by you in connection with the Service is owned absolutely by Pixaera and vests in Pixaera immediately, including any text, images, graphics, source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by you or any other party with respect to the Service.
    4. To the extent that any derivative works cannot be assigned to Pixaera, you hereby grant Pixaera a perpetual and irrevocable (irrespective of the expiration or termination of this Agreement), non-exclusive, transferable, worldwide, and royalty-free license to reproduce, distribute, perform, and display any derivative works of the Service developed by or for any End User, and to use, make, have made, sell, offer to sell, import, export, and otherwise exploit any product based on any such derivative works.
    5. If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
  13. ADVERTISING
    1. Some of our services may be supported by advertising revenue and may display advertisements and promotions. You agree that we may place such advertising and promotions on the Site, or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you. You grant us permission to use and send push notifications, emails, alerts, marketing, and promotional materials, email campaigns, and other reasonable forms of communications.
  14. TERMINATION AND SURVIVAL
    1. You may end your legal agreement with Pixaera at any time by deactivating your account and discontinuing your use of the Service.
    2. All provisions of these Terms that should reasonably be interpreted to survive termination, including without limitation, Liability, End User Content, Disputes, Feedback, Attorney’s Fees, Intellectual Property, Indemnity, etc. shall survive termination.
  15. DISCLAIMERS
    1. THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING THE SERVICES, WHICH ARE AVAILABLE AT https://www.oculus.com/legal/health-and-safety-warnings. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE WARNINGS AND INSTRUCTIONS. THESE WARNINGS AND INSTRUCTIONS MAY BE UPDATED, SO PLEASE REVIEW THEM PERIODICALLY. ADDITIONAL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS MAY BE PROVIDED BY DEVELOPERS IN RELATION TO SPECIFIC THIRD PARTY CONTENT. YOU REPRESENT AND WARRANT THAT YOU WILL READ ALL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS BEFORE USING THE SERVICES.
    2. IF YOU CHOOSE TO USE THE SITE, APPLICATION AND/OR SERVICE, YOU DO SO AT YOUR SOLE RISK. THE SITE, APPLICATION, SERVICE, AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PIXAERA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PIXAERA MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICE, CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PIXAERA MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR THE SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE.
  16. LIMITATION OF LIABILITY
    1. TO THE EXTENT PERMITTED BY LAW, PIXAERA’S LIABILITY FOR BREACH OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION THAT CANNOT BE EXCLUDED, IS RESTRICTED AT PIXAERA’S OPTION TO THE RE-SUPPLY OF SERVICE, OR PAYMENT OF THE COST OF RE-SUPPLY OF SERVICE (IF APPLICABLE). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    2. IN NO EVENT SHALL PIXAERA’S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID PIXAERA IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT PIXAERA HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  17. TEMPORARY SERVICE FAILURE
    1. In the event of any Service Failure, Pixaera may issue you a credit. Pixaera is not required to issue refunds or to make payments against such credits under any circumstances, including without limitation termination of this Agreement. Credits issued are your sole and exclusive remedy for any Service Failure.
  18. INDEMNITY
    1. You agree to release, indemnify, and hold Pixaera and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Service or your violation of these Terms; (b) your Content; (c) your (i) interaction with any other user; or (ii) reliance on any information exchanged via the Site, Application or Service; (d) any inaccurate or incomplete data, or any virus, worms, spyware, back door, Trojan horse or other malicious code transmitted by you; (f) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including Client or End User Information; (g) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the System through Client’s account; or (h) any violation of applicable laws, rules or regulations by You. Pixaera shall have the right to control all defense and settlement activities.
  19. NOTICES
    1. You can direct notices, inquiries, complaints and so forth to Pixaera at this address: help@Pixaera.com
    2. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
  20. DISPUTES
    1. If you’re upset with us, let us know, and hopefully, we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Site or Service:
    2. Governing Law. The Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
    3. Arbitration. You and Pixaera agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. ANY ARBITRATION UNDER THE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS—CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU AND PIXAERA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
    4. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
    5. Venue. We’re based in Delaware, so any legal action against Pixaera related to our Service must be filed and take place in the State of Delaware. That means the seat of any arbitration shall be in Delaware. For any actions not subject to arbitration, you and Pixaera agree to submit to the personal jurisdiction of a state court located in the State of Delaware.
    6. Government Exception. If you are a government agent or entity in the United States using the Service in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware.
    7. Modifications. If we make any changes to this “Disputes with Pixaera” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Pixaera prior to the date the changes became effective. Pixaera will notify you of substantive changes to the “Disputes with Pixaera” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Pixaera a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Pixaera in accordance with the provisions of this “Disputes with Pixaera” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

  21. COPYRIGHT INFRINGEMENT
    1. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Pixaera at the address provided below and providing the following information:
      1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
      2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
      3. Your name, address, telephone number and (if available) e-mail address.
      4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
      5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
      6. A signature or the electronic equivalent from the copyright holder or authorized representative.
    2. Our address for Copyright issues is as follows: help@pixaera.com
    3. In an effort to protect the rights of copyright owners, Pixaera maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
  22. GENERAL
  1. Waiver. No failure or delay by either party in exercising any right under the Terms will constitute a waiver of that right. No waiver under the End User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
  2. Modifications to the Services. Pixaera reserves the right to change, suspend, remove, discontinue or disable access to the Service or particular portions thereof, at any time and without notice. In no event will Pixaera be liable for the removal of or disabling of access to any portion or feature of the Service.
  3. Termination. We reserve the right to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
  4. Entire Agreement. The Terms, including any terms incorporated by reference into the Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any pages referenced in these Terms, the terms of these Terms will prevail.