Pixlmob Terms of Service

Last updated November 5, 2024

Welcome to Pixlmob!

The following terms of service ("Terms of Service") govern your access to and use of the Pixlmob website and marketplace, including any content, functionality, storage options, and services (collectively, the “Services”) offered on or through www.app.pixlmob.com by Pixlmob, Inc. 582 Perry Avenue, Greenville, SC 29611 and its subsidiaries as applicable. Pixlmob and its subsidiaries are collectively referred herein as "Pixlmob" "we" or "us" and “youˮ or “userˮ means you as a user of the Site.

Please read the Terms of Service carefully before you use the Services. By using the Services, 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 you legally represent or service as an agent (if applicable), to be bound and abide by these Terms of Service and Pixlmob Payment Terms, found here (“Payment Termsˮ), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use the Services. For more detailed policies surrounding the activity and usage of the Services, please access the designated articles herein.

The Services are offered and available to users who are at least 18 years of age or, if not at least 18 years of age, of legal age in their jurisdiction 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 years of age you are not permitted to use the Services. By using the Services, 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 Services and should we discover you do not meet such requirements we may suspend your access to the Services.

Our Customer Support team is available online from 9am to 5pm ET (GMT -5:00) if you have any questions regarding the Services. Users may contact our Customer Support team via the chat feature or other communication function within one or more of the Services.

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

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Key Terms

Buyers (sometimes referred to as “Customers”) are users who purchase services on Pixlmob.

Sellers (sometimes referred to as “Vendors”) are users who offer and perform services through Orders on Pixlmob.

Users are any individuals or entities who create or utilize a Pixlmob account.

Services (sometimes noted as Order Items or Tasks) are offerings that a Seller can provide.

Orders are the formal agreements between a Buyer and Seller when a purchase is made from the Sellerʼs marketplace page.

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

Projects are a collection of Services and Orders associated with a single listing created by the Buyer.

Pixlmob Storage means the Pixlmob’s remote or cloud storage of Users’ documents, files, information, and other user created electronically stored data. Use of Pixlmob remote or cloud storage may require additional fees wherein failure to pay such fees when due may result in deletion or termination of access to Pixlmob remote or cloud storage.

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Overview

Only registered users may buy and sell through the Services. Registration is free. By registering for an account, users agree to provide Pixlmob with accurate, complete and updated information. Users are solely responsible for any activity on their account and for maintaining the confidentiality and security of their password. Pixlmob is not liable for any acts or omissions by users in connection with their account.
Orders are placed through a Sellerʼs marketplace page, the Pixlmob marketplace, from the Project page, from the Buyer’s dashboard, or through approved integrations with the Pixlmob Site. Pixlmob cannot and does not guarantee any work completed by any party providing services through Pixlmob Services.
For fees and payments, please read the Payment Terms.
Users may not offer, solicit, or accept payments using any method other than placing an order through the Services, and specifically app.pixlmob.com. Receiving, offering, or requesting payment through any other means may result in additional fees, suspension from the marketplace, or a permanent ban from the platform for either a Buyer or a Seller.
Pixlmob cares about your privacy. Please review our Privacy Policy here.

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SELLERS

Sellers are pre-verified professionals who undergo a vetting process by Pixlmob to determine their eligibility and minimum criteria to provide services. Pixlmob cannot guarantee ongoing results after initial verification. Sellers are solely responsible for providing accurate and current information on which Pixlmob relies to make decisions regarding eligibility to provide services.
We trust our community to leave fair reviews to establish the ongoing reliability of Sellers. Pixlmob retains the right to change a Sellerʼs verified status in light of such evaluation by Buyers if, after contacting a Seller, we believe such action is warranted. Sellers who fail to maintain high quality service — whether through a substantial drop in ratings, failure to deliver orders on time, increased order cancellation rate, or violation of Pixlmob Terms of Service – also risk losing placement on the Site based on analysis of such reviews.
Sellers may manually accept Orders using Pixlmob Services or enable auto-accept for Orders when Buyers request to purchase their services.
Sellers must fulfill orders by the order deadline. Failing to complete orders on time may result in additional fees, suspension from the marketplace, or a permanent ban from the Pixlmob platform.
Sellers shall deliver all products, including documents, files, and data, through the Buyer designated storage location which may be Pixlmob Storage.
Sellers earn a percentage of the order total. For more information about receiving payments, fees and taxes, see the Payment Terms.
Sellers are paid once the funds have been received by Pixlmob through the payment processor and the order is delivered and accepted by the Buyer (or auto-accepted within 72 hours after initial delivery if revisions were not requested).
Funds are posted to the Sellerʼs Pixlmob account and the Seller must then initiate a transfer to their bank account, which is then initiated by us via our payment processor. Payment processing may take 3 to 14 business days and is out of our control.
Sellers must not promote their Services in any way outside of our Services to Buyers once they have established a relationship with the Buyer through our Services. We retain the right to initiate legal action to recover any fees due Pixlmob through such actions.
When we have fact based security concerns, Pixlmob may disable a Sellerʼs ability to withdraw revenue to prevent fraudulent or illicit activity.
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 account balance after 12 months. It is the sole discretion of Pixlmob to redirect those funds after 12 months.
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 may not intentionally imitate another Sellerʼs name, branding, portfolio, or other profile details.

Services

Services and/or users may be removed from the Site by Pixlmob for violation of the Terms of Service and/or our Community Standards. Users may be charged fees for such violations, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent Services
- Copyright Infringement, Trademark Infringement, or violation of a third party's Terms of Service reported through our Intellectual Property Claims Policy
- Adult oriented services, Pornography, or Inappropriate/Obscene content
- Spam, nonsense, violent, or deceptive Services
- Services misleading to Buyers or others
- Consistent verified reports of edits that do not meet our minimum standards by Buyers
- 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 impacts our relationships with our users or partners.
Violations may result in the suspension of the Sellerʼs account or additional fees may be charged to the Seller.

Fees for violations are levied per offense and may increase depending on the severity and frequency of the offense.
Fees will be charged against the Sellerʼs connected Stripe account.
Sellers removed for violations may not be eligible to be reinstated on the Site.
Sellers may be removed from our Search feature due to poor performance and/or other misconduct that breaches these Terms of Service, the Privacy Policy, or other good reason at our sole discretion.
To report a violation, please contact our Customer Support team by email or via chat on the Site.
If Pixlmob identifies a Seller who has been previously banned operating under a new account, the new account is subject to suspension or termination without warning.
Should any Seller be found to be in violation of any labor or other laws applicable to their jurisdiction, we will suspend or terminate such Seller at our sole discretion. We will continue to engage users around the world to understand their concerns and to continue to identify positive use cases for this new technology. Despite extensive research and testing, we cannot predict all of the beneficial ways people will use our technology, nor all the ways people will abuse it. That's why we believe that learning from real-world use is a critical component of creating and releasing increasingly safe Al systems over time.

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BUYERS

Buyers pay Pixlmob in advance to create an Order (see Payment Terms)
Buyers may order specific services from Sellers. When purchasing a Seller provided service, Buyers are granted all rights for the delivered work. See the “Ownershipˮ section below for more information.
Buyer may designate a storage location to receive documents, files, and data from a Seller, which such storage may be Pixlmob Storage.
Please refer to the Payment Terms for information on making Payments through the Pixlmob Site and to learn about fees and taxes.
Buyers may not offer Sellers or make payment to Sellers using any method other than through the app.pixlmob.com site or our Services. In the event you have been asked to use an alternative payment method, you are required to report it immediately to Customer Support here or be in violation of these Terms of Service.

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ORDERS

Once payment is confirmed, an Order will be created and given a unique Pixlmob Order number.
When a Buyer submits an Order(s), the Seller is notified by email as well as via notifications on the Site while logged into their account.
Sellers are required to meet the delivery time agreed to by the Buyer and Seller when creating their volume and availability. Failure to do so allows the Buyer to mark the Order as late, dispute the Order, and may harm the Seller's status.
Sellers must send completed files and/or proof of completed work using storage designated by the Buyer or Pixlmob Storage as determined by the Buyer and use the Deliver Work button (located on the Order page) to mark the Order as Delivered.
Sellers must deliver completed files and/or proof of work using the Deliver Work feature located on the Order page, according to the Seller service(s) that purchased and accepted.
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. A Revision is considered any further changes to the files after the Seller has marked the Order as Delivered.
An Order is marked as Complete only after it is both marked as Delivered and affirmatively accepted by the Buyer. If an Order is not accepted by the Buyer after the Order is marked as Delivered and no request for modification is submitted after 72 hours, the Order will be automatically marked as Complete and Buyer’s acceptance will be assumed.
The Deliver Work feature may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the Deliver Work feature when an Order was not completed may result in the cancellation of that Order after review, affect Sellerʼs verification status, and result in a warning or additional fees to Seller.
Users are responsible for scanning all transferred files for viruses and malware. Pixlmob is not responsible for any damages which might occur due to Site usage, use of content or delivered files associated with Orders, or any files transferred by Buyers or Sellers.
Pixlmob is not liable for files deleted from any third party cloud service managed or provided by Buyers and is not responsible for restoring, reimbursing, or replacing files removed by Sellers.
Pixlmob shall make available to Users Pixlmob Storage wherein Pixlmob will store, backup, and otherwise make available to Users to store ONLY those documents, files, and data required to complete the User’s role as a Buyer or Seller. A User may not use Pixlmob Storage for any documents, files, or data not directly requested by or associated with Buyer requested Services.

Disputes and Cancellations

We encourage Buyers and Sellers to settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users may dispute an Order or contact Pixlmobʼs Customer Support for assistance here. For more information about disputes, Order cancellations, and refunds please refer to the Payment Terms. Pixlmob will assist Buyers and Sellers in settling a dispute and may make decisions or take actions which impact either or both parties. Such decisions and subsequent actions are at the sole discretion of Pixlmob.

Feedback 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 Seller 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 feedback for a Seller is at the sole 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 Site 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 Sellerʼs marketplace page. Should you observe a comment that you believe violates these Terms of Service or Community Standards, inform us immediately. Should a Seller receive a comment they believe to be factually inaccurate, they may contact us to review such comment.
Withholding the delivery of services, files, or information required to complete the Orderʼs service with the intent to gain favorable reviews or additional services is prohibited and in violation of these Terms of Service.
Responding and posting a review: Once a comment is posted, the Seller has 72 hours to respond or submit a complaint or request to review to Pixlmob. If no response is provided within the response period, the comment is considered accepted by the Seller.
Sellers may not solicit the removal of feedback reviews from any Buyers through any process other than that described herein.

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User Conduct and Protection

Users who engage in communication outside of the Pixlmob Site will forfeit the protection of Pixlmob Terms of Service.
A User may not use Pixlmob Storage for any documents, files, or data not directly requested by or associated with Buyer requested Services.
A Seller must use Pixlmob Storage if so specified or requested by the Buyer.
Pixlmob does not provide any guarantee of the level of service offered to Buyers. If the Services do not meet Buyer expectations, Buyers may use the Order dispute resolution tools provided in the Order Page.
To protect Pixlmob users' privacy, user identities are kept anonymous. Requesting or providing email addresses, Skype/IM usernames, telephone numbers, invitations to Slack or other third party messaging programs, or any other personal contact details to communicate outside of the Pixlmob Site in order to circumvent or abuse the Pixlmob messaging system or Pixlmob platform is a violation of these Terms of Service.
All information and file exchanges related to the Services must be performed exclusively on Pixlmobʼs platform.
Buyers may not use the Services to provide any credentials to Sellers for the purpose of accessing or logging into any platforms outside of Pixlmob.
Users may not submit proposals or solicit parties through Pixlmob to contract, engage with, or pay outside of Pixlmob. Any additional payments for any Order, revisions, or any type of work agreed upon by or between the parties for Seller services through Pixlmob may ONLY be done through the Services.
Sellers may not solicit or spam previous Buyers to request removal or modification of existing reviews.
Pixlmob is open to all individuals meeting our user requirements. Users undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation, nationality, or otherwise. Users acknowledge that such discrimination may result in the suspension/termination of your account.
Rude, abusive, or unprofessional language, or violent messages will not be tolerated and may result in a warning or the suspension/removal of the offending userʼs account.
Users with the intention of defaming or otherwise harming the reputation of other users on the Site by ordering from competing or targeted Sellers and then posting negative reviews will have their reviews removed, and further punitive action may be taken as determined after review by our Trust & Safety team. Similarly, users with the intention of boosting the reputation or providing unsubstantiated positive reviews may be suspended or prohibited from using the Services.
Sellers warrant that any content included in their Edits shall be original work conceived by the Sellers or which the Sellers have legal right to distribute or otherwise use in commerce 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 Edits, Sellers represent and warrant that they hold a valid license to use and distribute such footage and to include them in their work products.
Pixlmob will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

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Violations

Users who identify Site content that may violate our Terms of Service and/or our Community Standards should report violations to Pixlmob Customer Support via the chat feature on the Site. All cases are reviewed by our Customer Support Team. To protect individual privacy, the results of any investigation will not be shared. Please review our Privacy Policy for more information.
Users may receive a warning for violations of Pixlmob Terms of Service and/or Community Standards, or for any user misconduct reported to our Customer Support Team. A warning will be sent to the user's email address. Warnings will not limit account activity, but may lead to the loss of Sellerʼs verified status, additional fees, or a permanent account ban, based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography - Pixlmob does not allow any exchange or storage of adult-oriented or pornographic materials on Pixlmob Storage or as part of any services.

Inappropriate Behavior & Language - Pixlmob provides users a medium by which messages may be exchanged between individuals, a system to rate orders, and the ability to engage on larger platforms such as our Community Forum and Social Media pages. All communication in these mediums should be courteous, constructive, and professional. Pixlmob condemns bullying, harassment, and hate speech towards others.

Phishing and Spam - User security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another userʼs account or computer environment is strictly prohibited. Please respect user privacy.

Users may not be contacted with offers, questions, suggestions or any other information not directly related to Orders or Services.

Privacy & Identity - Users may not publish or post another userʼs private and confidential information. Sellers further confirm that any information they receive from the Buyer which is not in the public domain, shall not be used for any purpose whatsoever other than for the delivery of work to the Buyer.

Authentic Pixlmob Profile - Users may not create a false identity on Pixlmob, misrepresent their identity, create a Pixlmob profile for another person, or use or attempt to use another userʼs account or information. A userʼs profile information, including description, skills, etc. — while it may be kept anonymous — must be accurate and complete and may not be misleading, illegal, offensive, or otherwise harmful to any individual or group. Pixlmob reserves the right to require users to complete a verification process in order to use the Site (whether by using government issued 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 a third partyʼs Terms of Service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use - Users may not use Pixlmob for any unlawful purposes or to conduct illegal activities per their local jurisdictional laws and any other applicable laws.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, individual persons and organizations are limited to one active Pixlmob account. Any additional accounts determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Pixlmob community, or for any other reason not approved by Pixlmob will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Pixlmobʼs Terms of Service and/or our Community Standards is cause for permanent ban of all accounts.

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

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

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Proprietary Restrictions

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The Site, including its general layout, look and feel, design, information, Pixlmob generated or provided content and other materials available through the Services, 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 Services or any part, component or extension of the Services (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,ˮ 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 usersʼ 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 Services 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 Services and Pixlmob generated content (not including User Generated Content) 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 “Feedbackˮ), 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 may 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 all information received from Buyers as highly sensitive, secret and confidential material. Without derogating from the generality of the above, Sellers specifically agree for a period of one year, or such other period as agreed to by the parties, after receipt of such materials 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 Buyerʼs permission. Pixlmob shall maintain the confidentiality of all documents, files, and data stored on or in Pixlmob Storage by Pixlmob and Pixlmob employees but cannot guarantee such confidentiality of any User granted access to such Pixlmob Storage.

General Terms

Pixlmob reserves the right to suspend or terminate any account, charge additional fees to Sellers, for breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services, each determined at our sole discretion.
Users with disabled accounts will not be permitted to sell or buy using any Services.
Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact Customer Support 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 information we request to authenticate who they are and permit us to determine ownership of that account.
Unresolved disputes must be handled using Pixlmobʼs dispute resolution tools by contacting Pixlmob Customer Support via the chat feature on the Site.
Pixlmob may make changes to its Terms of Service at any time. When these changes are made, Pixlmob will update the Terms of Service on this page and notify users through direct communication or through a notice provided on or through the Services. When such changes are made, Pixlmob will notify users through direct communication or conspicuous notice within the Services or on our website(s).
You understand and agree that if you use the Service after the date on which notice of change to the Terms of Service is posted or communicated to you constitutes acceptance by you of the updated Terms of Service.
Pixlmob shall maintain Pixlmob Storage for Users only while such Users maintain active accounts. When a User terminates their account or is inactive for twelve consecutive months shall Pixlmob delete the Pixlmob Storage location and files stored in such location.

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, whether stored in Pixlmob Storage or not. Pixlmob does not review, endorse, or make any edits to 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 or through the Services, 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 partyʼs policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported and confirmed violations of the requirements of content you provide may lead to removal of the content and suspension or termination of your access to the Services.

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, or any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community feedback, and common sense in choosing appropriate services to procure from Sellers.

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 submitting Orders and receiving Seller services on Pixlmob, and after Order 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 delivered products may not be used if payment is canceled or otherwise fails to reach the Seller 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. Pixlmob may use any products not subject to confidentiality restrictions and with the permission of the Buyer for promotional purposes. Buyer retains all responsibility for copyright infringement if such products violate any copyright rights held by a third party.

Pixlmob Storage

User may elect to use Pixlmob Storage. If a User selects Pixlmob Storage, Pixlmob shall adhere to the then current Privacy Policy with regard to documents, files, and data stored by a User in Pixlmob Storage. Pixlmob shall use industry standard security and privacy policies, procedures, and methods to maintain Pixlmob Storage. Users acknowledge and accept that no security methods or procedures can guarantee data privacy and security. Should Pixlmob Storage be subject of a data breach, Users with data on or in the portion of Pixlmob Storage subject to the breach shall be notified and Pixlmob shall take the appropriate legal and operational steps to limit and rectify the breach and notify and protect all affected Users. Users agree that Pixlmob storage constitutes a service provided to Users and that Pixlmob is simply providing a storage service and has no rights to any electronic files stored in Pixlmob storage unless granted such rights by a User who has the legal right to grant such rights.

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Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT. PIXLMOB STORAGE AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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 OR INFORMATION PROVIDED THROUGH THE SERVICES.

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 OR SERVICES, ANY WEBSITES LINKED TO IT OR LINKED FROM THE SITE OR SERVICES, ANY CONTENT ON THE SITE OR PROVIDED THROUGH ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, SERVICES, 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 “Affiliateˮ 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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