Terms of Service

Last Update: September 2022

The following terms of service (these "Terms of Service"), govern your access to and use of the Pixlmob website and marketplace, including any content, functionality and services offered on or through www.app.pixlmob.com by N7th, Inc. (25 Draper St, Greenville, SC 29611) and its subsidiaries as applicable. N7th, Inc. and its subsidiaries are collectively referred hereto as "Pixlmob" "we" or "us" and “you” or “user” means you as an user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and Pixlmob Payment Terms, found here (“Payment Terms”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Pixlmob services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Pixlmob makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers are users who purchase services on Pixlmob.

Custom Specialties are exclusive services that a Seller can create.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered set of Edits.

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s marketplace Page.

Sellers are users who offer and perform services through Orders on Pixlmob.

Overview (Main terms, in a nutshell)

Only registered users may buy and sell on Pixlmob. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
Buyers pay Pixlmob in advance to create an order (see Payment Terms).
Orders are purchased through the Order button found on a Seller’s marketplace page, the Pixlmob marketplace, or through the Buyer property creation flow..
For fees and payments please read the Payment Terms
Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Canceling orders will affect Sellers’ reputation and status.
Users may not offer or accept payments using any method other than placing an order through app.pixlmob.com.
When purchasing a service, Buyers are granted all rights for the delivered work.See our “Ownership” section below for more information.
We care about your privacy. You can read our Privacy Policy here.

Sellers

Basics

Sellers can manually accept Orders on Pixlmob or enable auto-accept when Buyers request to purchase their services.
Sellers may also offer Custom Specialties to Buyers in addition to their standard services.
Each order you successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.
Pixlmob accredits Sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
For more information about receiving payments, fees and taxes see the Payment Terms.
Sellers may not promote their Services external to app.pixlmob.com to Buyers they have first established a relationship with on Pixlmob.
For security concerns, Pixlmob may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Pixlmob accounts to a single withdrawal provider.
Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Sellers are pre-verified professionals who undergo a vetting process by Pixlmob reviewers.
Sellers eligibility is constantly evaluated by Pixlmob to ensure that the quality standards and expectations of the Seller selection is kept. Pixlmob retains the right to change a Seller status in light of such evaluation. In addition, Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their verified status.
Sellers who do not complete their account set-up to connect with Stripe and who are not able to receive payments will forfeit all funds in their balance after 12 months. It is the sole discretion of Pixlmob to redirect those funds after 12 months.

Services

Services and/or users may be removed by Pixlmob from the Site or fined for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Spam, nonsense, or violent or deceptive Services
- Services misleading to Buyers or others
- Exceedingly low quality Edits
- Promoting Pixlmob and/or Pixlmob Services through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Violations mentioned above, may result in the suspension of the Seller’s account.
Sellers that are removed for violations are not eligible to be restored or edited.
Sellers may be removed from our Search feature due to poor performance and/or user misconduct.
Fines for violations begin at $5 USD per offense and can increase depending on the severity and regularity of the offense.
Fines will be charged against the Seller’s connected Stripe account.
Contacting our Customer Support team can be performed by submitting a request here
Custom Specialties

Custom Specialties are additional services offered by the Seller with custom descriptions and pricing.
Custom Specialties may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Orders section above for a list of services that violate our Terms of Service.
Custom Specialties may cover different categories of services that are components to a higher quality delivered service.

Buyers

Basics

You may not offer direct payments to Sellers using payment systems outside of the Pixlmob platform.
Buyers may order specific services from the Seller.
Please refer to the Payment Terms for making Payments through the Pixlmob platform and to learn about fees and taxes.
You may not offer Sellers to pay, or make payment using any method other than through the app.pixlmob.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

Orders

Basics

Once payment is confirmed, your order will be created and given a unique Pixlmob order number (#PO).
Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service(s) that was purchased and accepted.
The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s verification status and result in a warning to Seller.
An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can dispute the order or contact Pixlmob’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

Handling Orders

When a Buyer submits an Order(s), the Seller is notified by email as well as notifications on the site while logged into the account.
Sellers are required to meet the delivery time they specified when creating their volume and availability. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status.
Sellers must send completed files and/or proof of work using the Integrated file solution determined by the Buyer and use the Deliver Work button (located on the Order page) to mark the Order as Delivered.
Users are responsible for scanning all transferred files for viruses and malware. Pixlmob will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Buyers may use the "Request Revisions" feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller's description on their Services page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

Feedback reviews provided by Buyers while completing an Order are an essential part of Pixlmob's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Pixlmob platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Pixlmob platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Buyers are publicly displayed on a Seller’s marketplace page.
Withholding the delivery of services, files, or information required to complete the Order’s service with the intent to gain favorable reviews or additional services is prohibited.
Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Pixlmob’s Customer Support department for assistance here.

User Conduct and Protection

Basics

To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Pixlmob in order to circumvent or abuse the Pixlmob messaging system or Pixlmob platform is not permitted.
Pixlmob does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
Pixlmob does not provide protection for users who interact outside of the Pixlmob platform.
All information and file exchanges must be performed exclusively on Pixlmob’s platform.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
Pixlmob is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through Pixlmob to contract, engage with, or pay outside of Pixlmob.

Orders

Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Orders

Users may report Orders to Customer Support that may be in violation of Pixlmob’s Terms of Service based on the reported Edit’s replicated similarity to pre-existing services (copycat Sellers).
Sellers warrant that any content included in their Edits shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that stock-footage media are incorporated within the Editsigs, Sellers represent and warrant that they hold a valid license to use such footage and to include them in the Edits.
Pixlmob will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller Services verifications or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography - Pixlmob does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on Pixlmob should be friendly, constructive, and professional. Pixlmob condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or orders.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Pixlmob will not be protected by our Terms of Service.

Authentic Pixlmob Profile - You may not create a false identity on Pixlmob, misrepresent your identity, create a Pixlmob profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, etc., while it may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Pixlmob reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims - Pixlmob will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use - You may not use Pixlmob for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active Pixlmob account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Pixlmob community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Pixlmob’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Pixlmob. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell Pixlmob accounts.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Pixlmob and protected by copyright, trademark, and other intellectual property laws. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Pixlmob owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

Feedback Rights

To the extent that you provide Pixlmob with any comments, suggestions or other feedback regarding the Pixlmob marketplace or the Site as a whole, as well as other Pixlmob products or services (collective, the “Feedback”), you will be deemed to have granted Pixlmob an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Pixlmob is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

Pixlmob reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
Violation of Pixlmob’s Terms of Service and/or our Community Standards may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on Pixlmob.
Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Disputes should be handled using Pixlmob’s dispute resolution tools ('Resolution Center' on the order page) or by contacting Pixlmob Customer Support.
Pixlmob may make changes to its Terms of Service from time to time. When these changes are made, Pixlmob will make a new copy of the terms of service available on this page.
You understand and agree that if you use Pixlmob after the date on which the Terms of Service have changed, Pixlmob will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Pixlmob by our users (Buyers and Sellers) is User Generated Content. Pixlmob does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Pixlmob platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Pixlmob is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Verified Sellers or otherwise). We provide no warranty with respect to the Edits, their delivery, any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Pixlmob. Failing to do so may result in removal of the Service(s), as applicable, and may lead to the suspension of Seller's account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing Orders on Pixlmob, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Order, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work, the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PIXLMOB NOR ANY PERSON ASSOCIATED WITH PIXLMOB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL PIXLMOB, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Pixlmob, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

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