PIXEO Terms and Conditions

1. Scope

The Terms and Conditions contained herein govern your use of services provided by PIXEO Inc., herein referred to as PIXEO. PIXEO services include:

  1. a. The PIXEO mobile application.

  2. b. All services provided by the following PIXEO websites:

    1. i. pixeoapp.com;
    2. ii. pixeo.co; and
    3. iii. pixeo.ca.

These Terms herein apply in full force and effect to your use of all PIXEO Services, and by using any of these services, you agree and accept all terms and conditions contained herein in full.

DO NOT USE ANY OF PIXEO’S SERVICES IF YOU DO NOT AGREE TO THESE TERMS

2. Age Restriction

The PIXEO App is not targeted to or intended for use by any minors (defined as those who are not at least 18 years of age). If you are under the age of 13 you are not permitted to use our services. Children aged of 13 to 18 may only use the services with the approval and supervision of a parent or legal guardian who has agreed to be bound by the terms in this agreement.

3. Intellectual Property Rights

The core function of PIXEO services is the maintenance and distribution of content in the form of textual information and images submitted by users. In using our service you acknowledge that any content uploaded or transmitted to PIXEO will not contain any third party copyrighted material or material that is subject to third party rights.

Further, you agree that you will be the author and copyright holder of any works uploaded or transmitted to PIXEO services. You will not upload any other persons work even if they provide consent to do so.

By uploading imagery to PIXEO services or transmitting imagery directly to PIXEO services, you understand and agree to the following:

  1. a. PIXEO makes no ownership claim to imagery uploaded to its various services. All submitted imagery remains the copyright of its author.

  2. b. By uploading content to PIXEO services you grant the following irrevocable rights to PIXEO:

    1. i. PIXEO may use and distribute your content in perpetuity to other users of the service to the degree reasonably necessary for the provision of its services;

    2. ii. PIXEO will use appropriate attribution for images it displays in its services. Appropriate attribution is defined as textually displaying in a prominent location the credit line identified by you in your PIXEO user account profile. You acknowledge, however, that you may not be attributed in thumbnail previews of images however subsequent details will include this attribution;

    3. iii. PIXEO may use your content in the production of promotional materials, however, will only do so with appropriate attribution;

    4. iv. PIXEO may make modifications to your image by cropping, adjusting resolution, and/or adjusting tone and colour to the degree reasonably necessary for the provision of its services and marketing materials;

    5. v. You grant PIXEO permission without restriction to use your content, with appropriate attribution in its social media accounts including but not limited to Facebook, Twitter, Instagram, and LinkedIn; and

    6. vi. PIXEO Inc. may not sell any individual image in any form without the express written consent of the copyright holder.

PIXEO reserves the right to remove any of Your Content from its service at any time, and for any reason, without notice.

4. Restrictions

You are expressly and emphatically restricted from all of the following:

  1. a. Publishing any PIXEO material in any media.

  2. b. Selling, sublicensing and/or otherwise commercializing any PIXEO material without the express written consent of PIXEO or the copyright holder.

  3. c. Publicly performing and/or showing any PIXEO material.

  4. d. Using PIXEO services in any way that is, or may be, damaging to the service.

  5. e. Using this PIXEO services in any way that impacts user access to PIXEO services.

  6. f. Using PIXEO Services contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the PIXEO Services, or to any person or business entity.

  7. g. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the PIXEO service, or while using the service.

  8. h. Using PIXEO services to engage in any advertising or marketing.

Certain areas of the service are restricted from access by you and PIXEO may further restrict access by you to any areas of its services, at any time, in its sole and absolute discretion. Any user ID and password you may have for PIXEO services are confidential and you must maintain the confidentiality of such information.

5. No warranties

PIXEO is provided “as is,” with all faults, and PIXEO Inc. makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained within the service shall be construed as providing consult or advice to you.

6. Limitation of liability

In no event shall PIXEO Inc., nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of the services, whether such liability is under contract, tort or otherwise, and PIXEO Inc., including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the services.

7. Indemnification and Risk

You hereby indemnify to the fullest extent PIXEO Inc. from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

You acknowledge that any activities associated with location finding facilitated by using our service can be potentially dangerous and, in some cases, lead you to private property, treacherous locations and/or otherwise difficult to access locales. You acknowledge that you understand that these activities may be physically demanding, are weather dependent, and otherwise challenging. You agree to accept this personal risk and indemnify PIXEO Inc., its users and any other affiliates from litigation arising from these activities including litigation related to bodily injury, equipment or property damage, and death. YOU ASSUME ALL RISKS ASSOCIATED WITH SELECTING AND FINDING A PHOTOGRAPHIC LOCATION AND ANY OTHER ACTIVITY ARISING FROM USE OF OUR SERVICES AND AGREE TO RELEASE AND ACCEPT PERSONAL LIABILITY FOR THE USE OF OUR SERVICES TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

PIXEO Inc. is permitted to revise these Terms at any time as it sees fit, and by using the service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.

10. Assignment

PIXEO Inc. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between PIXEO Inc. and you concerning your use of PIXEO Websites, the PIXEO App, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the province of Nova Scotia, and you submit to the non-exclusive jurisdiction of the province and federal courts located in Nova Scotia for the resolution of any disputes.