terms & privacy
Pixengo Media Limited (PML) terms and conditions (first created May 2012 and will be subject to amendment from time to time) The content of this page reflects the most up-to-date set of terms and conditions. Any revises will be posted here and on Apple.com iTunes.
The following terms and conditions govern all use of the Pixengo.com website and the PML Mobile application (app) and all content, services and products available at or through the website or partner services (such as iTunes etc) (taken together, Pixengo Media Limited, Pixengo or PML).
Please read this Agreement carefully before accessing or using the Website or the mobile app. By accessing or using any part of the Website or the app, you are deemed to agree with and be bound by the terms and conditions of this Agreement. If these terms and conditions are considered an offer by PML, acceptance is expressly limited to these terms.
1. Use of PML and its services.
If you use or create an account on the website or the app, you are responsible for maintaining the security of your account and any data or media you upload, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and PML may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause PML liability. You must immediately notify PML of any unauthorised uses of your account, or any other breaches of security. PML will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Pixengo website or mobile application users.
If you operate an account, send pixengos (our virtual postcards), comment on pixengos or any other posts, post material or links to the player or website, or otherwise make (or allow any third party to make) material available by means of the application or player or website (any such material, “Content”), then You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, images, audio file(s), or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the Content, including but not limited to any software,
(ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine, or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, does not contain racial or sexually discriminatory material and does not violate the privacy or publicity, or human rights of any third party;
your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your account is not named in a manner that misleads the readers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by PML or otherwise.
By submitting Content to PML for inclusion on your account pages, you grant PML a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your pages within the application, the website and any other materials PML produce unless you tag the Content as Private. If you delete Content, PML will use reasonable efforts to remove it from our servers or website or web pages or applicaton, but you acknowledge that caching or references to the Content may not be made unavailable or within any specified period of time.
Without limiting any of those representations or warranties, PML has the right (though not the obligation) to, at PML’s sole discretion:
(i) refuse or remove any content which, in PML’s reasonable opinion, violates any PML policy or is in any way harmful or objectionable or ilegal, or
(ii) terminate or deny access to and use of the Website to any individual or entity for any reason. In such a case PML will have no obligation to provide a refund of any moneys paid to PML (or any associates or partners) by the said person or entity in the course of PML providing its usual service to that person or entity, as described in 3. below.
3. Payment and Renewal..
Optional paid services (an “Upgrade”) such as extra storage, sub domain purchases, or Pro services are available on the Website when implemented. By selecting an Upgrade you agree to pay PML the monthly or annual subscription fees indicated for that service (additional payment terms specifically for Pro services are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify PML at least 72 hours before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time with 24hours notice via the appropriate process.
4. Pro Services (if and when implemented)
Fees; Payment. By signing up for a Pro Services account you agree to pay PML the applicable setup and where applicable any ongoing fees in exchange for the services. Applicable fees will be invoiced starting from the day your Pro Services are established and in advance of using such services. PML reserves the right to change the payment terms and fees upon thirty (30) days prior notice to you. Pro Services can be canceled by you at anytime on 30 days written notice to PML.
Support. Pro Services include access to priority support. PML may supply technical support assistance by email at any time (with reasonable efforts by PML to respond within one business day) concerning the use of the Pro Services. “Priority” means that support for Pro Services customers takes priority over support for users of the standard, free PML services. All Pro Services support will be provided in accordance with PML standard Pro Services practices, procedures and policies.
5. Responsibility of PML members, users and visitors.
PML has not reviewed, and cannot review, all of the material posted to our servers and thereby the internet, and cannot therefore be responsible for that material’s content, use or effects. By operating the service, PML does not represent or imply that it endorses any material there posted, or that it believes such material to be accurate, useful or non-harmful. PML members, users and visitors to the Website are responsible for taking precautions as necessary to protect themselves and their computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
PML and its services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. PML and its services may also contain material which violates the privacy or publicity rights, or infringes on the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PML disclaims any responsibility for any harm resulting from the use by members or users or visitors of PML and its services, or from any downloading by those users or visitors of content there posted. PML and its services are available to persons of 13 years or older. Any members, users or visitors being below the age of legal responsibility assign legal responsibility to their legal guardians. By signing up for an account on PML and its services you warrant and represent that you comply with this requirement and agree to hold PML harmless against any claims arising out of (but not limited to) your improper usage or content.
6. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material made available through PML and its services or any other parties it may link. PML does not have any control over any non-Pixengo websites and webpages and is not responsible for their contents or their use. By linking to a non PML website, webpage or other service, PML does not represent or imply that it endorses such other services of whatever nature. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PML disclaims any responsibility for any harm resulting from your use of non PML services, partners or links.
7. Copyright Infringement Policy.
As PML asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to PML and its services violates your copyright, you are encouraged to notify PML immediately. PML will respond to all such notices, including as required by law or as appropriate at its discretion, by either removing the infringing material or disabling all links to the infringing material. In the case of a member, user or visitor who may infringe and/or repeatedly infringes the copyrights or other intellectual property rights of PML or others, PML may, in its discretion, terminate or deny access or make best efforts to denyaccess to and use of PML and its services to such a visitor. In the case of such termination, PML will have no obligation to provide a refund of any amounts previously paid to PML or to engage in any correspondence with such a visitor. PML will attempt to comply with all
legal requests for information from relevant legal authorities related to breaches of copyright or IP but any member, user or visitor of its services.
8. Intellectual Property.
This Agreement does not transfer from PML to you any intellectual property owned by PML or any third party, and all rights, titles and interest in and to such property will remain (as between the parties) solely with PMl. The name Pixengo, domain Pixengo.com, the PML app, the PML logo, the Pixengo "X" device and all other trademarks, service marks, graphics and logos used in connection with PML and its services are trademarks or registered trademarks of PML or it’s licensors. Other trademarks, service marks, graphics and logos used in connection with PML and its services may be the trademarks of other third parties. Your use of PML and its services grants you no right or license to reproduce or otherwise use any PML or any third-party trademarks.
9. Changes amendments and modifications.
PMl reserves the right, at its sole discretion, to change, modify or replace any part of this Agreement at any time. Any changes will be clearly listed on this page and it is your responsibility to check this Agreement periodically for such changes. Your continued use of or access to PML and its services following the posting of any changes to this Agreement constitutes acceptance of those changes. PML may, in the future, offer new services and/or features and/or services (including the release of new tools, features and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
PML may terminate your access to all or any part of PML and its services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement with PML and its services, you may simply discontinue using PML and its services. Not withstanding the foregoing, if you have a Pro Services account, such account can only be terminated by PML if you materially breach this Agreement and fail to cure such breach within thirty (30) days from PML’s notice to you thereof; provided that, PML can terminate the services immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
PML and its services are provided “as is”. PML and its suppliers, partners and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PML nor its suppliers and licensors, make any warranty that PML and its services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain or share content through the PML and its services at your own discretion and risk. PML and its services make no warranty, guarantee or claim as to the delivery or receiving of any information or materials sent via its systems.
12. Limitation of Liability.
In no event will PML, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to PML under this Agreement during the twelve (12) month period prior to the cause of action. PML shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty.
You represent and warrant that:
(ii) your use of PML and its services will not infringe or misappropriate the intellectual property or moral rights of any third party.
You agree to indemnify and hold harmless PML, its contractors and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of PML and its services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between PML and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorised executive of PML, or by the posting by PML of a revised version on this page.
Any dispute arising under this Agreement shall be in the first instance referred to arbitration in the United Kingdom. The arbitration shall take place in the United Kingdom, in the English language and the arbitral decision may be enforced in any court. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of PML and its services will be governed by the laws of England and Wales, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the United Kingdom. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PML may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Based on the Terms of Service of Wordpress.org and available under a Creative Commons Attribution Share-alike License. This means you can copy the above and use it on your own website, but please credit Pixengo Media Limited and Wordpress if you do.
We never share your personal info - ever.
This Privacy Statement is currently in force, it may be changed from time to time. Any such updates will be posted on this page. Pixengo Media Limited (PML) and its services are for real people. Our registration requires that real names be used. People under the age of 13 are not eligible to use our services.
PML consider our members' private information as having paramount importance. We treat the information as if it were our own. Your personal information is your data, not ours. You entrust us to keep it for purposes legitimately required to provide our services to you and any such use as may be required of us by the Law. We will not abuse this trust by selling or renting it out to anyone. You can ask us to delete your personal information at any time.
Pixengo Media Limited (PML) is a UK-registered private limited company. This means we operate under UK law and any applicable EU legislation.
PML recognises the importance of protecting the privacy of all personal information provided by our members or registered users. "Personal information" means data which can be used to identify a specific person. This Privacy Statement outlines how PML collects and uses your personal information submitted to PML or its services.
What personal information we collect and how
Registration is required when using some of our services. We value transparency very highly so registration using your real first name and surname is encouraged.
PML may collect personal information via its services, such as at registration or in a profile. We may ask for basic information in the form of your name and email address, your country of residence and a password. We may need these to open your account. Any other information you choose to add to your profile subsequent to your successful registration is purely voluntary.
From all visitors to pixengo.com, we may collect information pertinent to their visit to our site, including (but not necessarily limited to) their system platform and browser name and version, ip address, access times, pages visited and duration of visit, referring URL and exit page.
Pixengo may use the personal information you provide to us in the following ways: - to create and maintain your account, - to enable you to use our services, - to send you information and announcements from Pixengo.
We may also give you the opportunity to subscribe to additional PML services, this may or may not include your agreement to receive marketing or advertising offers from our partners. We apply a policy of opting into any marketing communications or promotional offers. Whether or not you opt in holds no bearing on your ability to continue to use our services. We may make available to our partners, general annomalised statistical information about our users or visitors. We will make personal information available to appropriate law enforcement authorities if we believe in good faith that we are required to do so by law or legal process, in order to protect the rights, property or safety of our members, staff or the public.
Except as described above and unless you expressly agree, PML will not knowingly share or disclose any personal information you provide to us.
Our data collection and storage practices are designed with the integrity and confidentiality of your information in mind. Our website uses Secure Socket Layer (SSL) technology, which encrypts your personal information when you send it to us. We use current best practices in terms of security methods and technologies to prevent unauthorized access and data theft.
PML may send you emails or other communications which contain information about your status and our services. In most instances these will be in response to your specific enquiries. You can request to be added to the Pixengo "no-contact" list, for any reason. This will effectively block us from sending you any email from PML and its services in the future. To request to be added to the "no-contact" list please use the feedback button in the app or the website.
Children under the age of 13 are not eligible to use our services. Should we become aware of anyone under the age of 13 using the service and are able to verify this information to our satisfaction, we may close the account in question without further notice and remove all material from our servers.
We collect, use, store and delete personal information according to the law of the United Kingdom. Any personal information which you upload or submit on our website will be deemed as having been transferred to the United Kingdom in order for us to process it in the course of providing you with the service.
If you are not a resident of the United Kingdom, by continuing to use PML and its services you give us your permission to collect, store and use your personal information outside your resident jurisdiction, as covered by this Privacy Statement. You also acknowledge that you are aware that applicable United Kingdom and European Union laws may offer protection for personal information that is different from that offered by the laws of your own country.
We hope you enjoy using PML and its services and look forward to being of real use to you. If you have any concerns or questions, please contact us via the feedback button.