Terms of Use

1. Introduction

These Terms of Use govern the relationship between you and Pixeland OÜ or any one of its affiliated entities (“we”, “our” and “us”) in relation to any of our websites, applications (“Application”) or services (including support services), which may be accessible via a third party platform, web application or social networking service (together referred to as the “Services”).

Please review these Terms of Use carefully before using our Services.  If you do not want to accept the Terms of Use or the Privacy Policy, then you may not use or access any of the Services.

2. Amendments to the Terms of Use 

From time to time, we can amend these Terms of Use at our sole discretion, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. If we make such a change to these Terms of Use, we will inform you through posting new version of Terms of Use on our website, notification via email, or through our Services. Please review Terms of Use from time to time for any changes each time you use the Services. Changes to the Terms of Use shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under these Terms of Use and shall not have retroactive effect. If you object to any subsequent revision to the Terms of Use, immediately discontinue use of our Services and.

3. Content

3.1. The Services contain a lot of content, including, but not limited to software, technology, text, widgets, messages, links, e-mails, music, sound, graphics, pictures or video materials (the "Content").The Content and all of the intellectual property rights in the Content are owned by us (or by our affiliates and partners as applicable).

3.2. During the time these Terms of Use are in force between you and us, we grant you a personal right (known as a 'licence') to use the Content in connection with your access and use of the Services. This licence is: a) 'non-exclusive' (meaning that we can grant the same and similar licences to other people as well); b) 'revocable' (meaning that we can terminate this licence in certain circumstances); c) 'personal' (meaning that you may not use the Content for any commercial purpose); d) 'non-transferable' (meaning that the licence is only for your benefit and you may not transfer or sub-licence any of the rights that we grant to you to any other person); e) 'limited' (meaning that you can only use the Content for the purposes we set out in these Terms of Use); and f) conditional on your compliance with these Terms of Use.

3.3. Unless and to the extent that we have expressly authorised you in writing, you must not:

a)     copy or download any Content from the Service or any part thereof (except as part of the proper use or operation of the Services);

b)    distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Content;

c)     make any commercial use (i.e. for profit) of any Content; or

d)    remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Content.

3.4. Our Services are provided for your personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis (“Subscription”) or under any other lawful pricing structure as specified in the Services and/or Application.

3.5. We do our best to make the Content available to you as a part of your enjoyment of the Services, but this is subject to the following rules:

a)     we can only make the Content available to you if it is legal for you to have access to the Content in your home country;

b)    you may only obtain the Content from us (or from any person that we authorise for this purpose) and you must not obtain Content from any other person or attempt to do so;

c)     we reserve the right to refuse your request(s) to acquire the Content, and we also reserve the right to limit or block any request to acquire or obtain Content at our reasonable discretion, in particular insofar as there are technical issues and/or legal restrictions e.g. under copyright law, criminal law, youth protection law etc.;

d)    we do not guarantee that any of the Content will be available at all times, in all countries and/or all geographic locations, or at any given time or that we will continue to offer any particular Content for any particular period of time (unless we expressly say otherwise as part of the Services);

e)     the Content you have access to is not returnable, exchangeable, or refundable for other Content or for cash, or other goods or services; and

f)      we may have to change or update the Content from time to time.

4. Third Party Links

The Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. We do not control such web sites, and are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

5. Warranties and Liability Regarding the Services

5.1 We warrant that we have the right to enter the Terms of Service and to grant you the licences to use the Services set out in section 3 "Content".

5.2. Our Services and Service Content (including software) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied.

5.3. We shall be liable for damages with respect to injuries to health, body or life or for intentional damages caused by us, our representatives, employees or our vicarious agents or in any other cases according to the applicable law.

5.4 Any further liability of us either for the Services, Services Content or any advertising in connection with our Services or any links placed in our Services, as well as by reason of any information or advice received through or advertised in connection with our Services or any links placed in our Services shall be waived to the broadest extent as permitted by relevant provisions of applicable law.

6. Termination

We reserve the right in our sole discretion and at any time to terminate or suspend your Subscription and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the terms of this Terms of Use.

7. Governing (Applicable) Law and Jurisdiction

7.1. These Terms of Use and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of Estonia, unless otherwise required by the law of the country where the user has his habitual residence.

7.2. We and you submit all the aforementioned disputes to the jurisdiction of the courts of the country whose laws are applicable subject to Section 1 of this Article 6 "Governing (Applicable) Law and Jurisdiction".

8. Miscellaneous

8.1. You cannot assign these Terms of Use or any rights granted you, or any obligations accrued by you under this Terms of Use, to any third party without our prior written consent. Any such assignment shall be null and void and of no force and effect. We may assign any or all of its rights and obligations under this Terms of Use at our will fully or partially at any time without notice to you.

8.2. This Terms of Use constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements you and us hereto concerning the subject matter herein. You acknowledge that, in entering into this Terms of Use, you have not relied on, and will have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Terms of Use.

8.3. Should any provision of this Terms of Use be unenforceable or prohibited by any applicable law, only such unenforceable provision shall be ineffective to the extent, and only to the extent, of such unenforceability or prohibition without invalidating any other provision of this Terms of Use.

8.4. Failure or delay by either party to enforce any of its rights in connection with this Terms of Use, or to insist upon the strict performance of the terms of this Terms of Use, shall not be construed as a waiver or a relinquishment of any such rights for future breach or their enforcement.  No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that or any other right or remedy.

9. Contact Us

Pixeland OÜ, Estonia, Harjumaa, Tallinn, Pae tn 25-47, 11414. If you have any questions, complaints or comments regarding these Terms of Use, please contact us at: support@pixelandapp.com.