Terms and Conditions
COMPANY
This PixelFIX website, including all of its features and content (the “Website”) is a service made available by PixelBOX Ltd. (“PixelBOX”). All information, services and software provided on or through this Website (“Materials”) may be used solely under the following terms and condition of use (“terms and condition”).
INTRODUCTION
This Agreement contains the complete terms and conditions that apply to you in joining, buying and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
PAYMENTS AND PROCESSES OF INVOICES
PixelBOX has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by PixelFIX prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by cash, credit card or bank transfers. All financial transactions and Invoices are due and payable upon presentation to PixelBOX Ltd. PixelBOX has all the discretion to cancel or deny orders. PixelBOX is not responsible for pricing, typographical, or other errors in any offer by PixelBOX and reserves the right to cancel any orders arising from such errors.
Refund Policy
If you are unhappy with our service we will work with you to sort out the issue. Please contact us.
FRAUD
Fraudulent activities are highly monitored in our site and if fraud is detected PixelBOX shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of PixelFIX. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
COPYRIGHT
All images and works on this site are copyright of PixelBOX LTD and all rights are reserved. Illegal copying, publishing or downloading is forbidden and offenders will be prosecuted. By uploading content to or submitting any materials for use on this Web Site you do not convey any ownership in those materials to PixelBOX but you grant (and promise that you are entitled to grant) to PixelBOX a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with right to sublicense) to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute those materials or incorporate those materials into any form, medium, or technology now known or later developed throughout the universe, provided that PixelBOX and its sub-licensees use such materials in a manner consistent with PixelBOX general business.
In addition to the foregoing, you acknowledge that the terms of any third party Website accessible through this Website may require you to grant similar licenses to the owner of such site or to other third parties as a condition of using such third party site and you acknowledge that PixelBOX has no responsibility for and assumes no liability whatsoever in connection with your use of any such site or the use of your materials by any such third party. Without limiting the foregoing, you acknowledge that any user-generated content you submit through Google Book Search APIs made available on this Web Site may be made publicly available by Google, including, without limitation, comments, book reviews, links to users’ accounts and the display of your user name or nickname. You agree that you shall have no recourse against PixelBOX for any alleged or actual infringement, misappropriation or other violation of any proprietary right in your communications to us or any other materials or content you upload or submit to this Web Site or to any third party Web site.
NON-WAIVER
Failure of the PixelBOX to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of New Zealand, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New Zealand, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
PixelBOX LTD T/A PixelFIX