Terms of Service

Please read these terms and conditions carefully before using our website and services

Last updated: December 2024

1. Acceptance of Terms

By accessing and using the pixelzen website located at [website URL] (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service govern your use of our website, services, and any related applications or platforms. By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

We reserve the right to update these terms at any time without prior notice. Your continued use of our services following any changes constitutes acceptance of those changes.

2. Use License

Permission is granted to temporarily download one copy of the materials on pixelzen's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials
  • use the materials for any commercial purpose or for any public display (commercial or non-commercial)
  • attempt to decompile or reverse engineer any software contained on the website
  • remove any copyright or other proprietary notations from the materials

This license shall automatically terminate if you violate any of these restrictions and may be terminated by pixelzen at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on pixelzen's website are provided on an 'as is' basis. pixelzen makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, pixelzen does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Service Availability

We strive to maintain high availability of our services but cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with or without notice. We shall not be liable for any modification, suspension, or discontinuance of the services.

In the event of service interruptions, we will make reasonable efforts to restore service as quickly as possible and notify users of any extended outages through our website or other appropriate channels.

5. User Accounts and Security

When you create an account with us, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other security breach. We reserve the right to suspend or terminate accounts that violate these terms or pose security risks.

You are responsible for safeguarding your password and for all activities that occur under your password. We recommend using strong, unique passwords and enabling two-factor authentication when available.

6. Prohibited Uses

You may not use our services for any unlawful purpose or to solicit others to perform unlawful acts. You agree not to use the services:

  • In any way that violates applicable laws or regulations
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate the company, employees, other users, or any other person or entity
  • To engage in any other conduct that restricts or inhibits use of the services by others
  • To interfere with or disrupt the services or servers or networks connected to the services
  • To attempt to gain unauthorized access to any portion of the services or any other systems or networks

7. Intellectual Property Rights

The services and their original content, features, and functionality are and will remain the exclusive property of pixelzen and its licensors. The services are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

All content included on this site, including text, graphics, logos, images, and software, is the property of pixelzen or its content suppliers and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our website without our prior written consent.

8. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our services. By using our services, you agree to the collection and use of information in accordance with our Privacy Policy.

We implement appropriate security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

You have the right to access, update, or delete your personal information. Contact us using the information provided in the "Contact Information" section below to exercise these rights.

9. User-Generated Content

Our services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the services, including its legality, reliability, and appropriateness.

By posting Content to the services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the services. You retain any and all of your rights to any Content you submit, post or display on or through the services and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

10. Limitation of Liability

In no event shall pixelzen or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on pixelzen's website, even if pixelzen or a pixelzen authorized representative has been notified orally or in writing of the possibility of such damage.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Our total liability for any claims arising under these terms shall not exceed the amount you paid us for the services in the twelve (12) months immediately preceding the claim, or $100, whichever is greater.

11. Indemnification

You agree to defend, indemnify, and hold harmless pixelzen, its licensee and their licensees, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

This indemnification obligation will survive the termination or expiration of these terms and your use of the services.

12. Termination

We may terminate or suspend your account and access to the services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the services and contact us to request account deletion. Upon termination, your right to use the services will cease immediately.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the Philippines, and you irrevocably submit to the exclusive jurisdiction of the courts in that state or location.

Any legal action or proceeding arising under these terms will be brought exclusively in courts located in the Philippines, and you hereby consent to personal jurisdiction and venue therein.

If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms.

If you do not agree to the new terms, please stop using the services.

15. Severability

If any provision of these terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

These Terms constitute the entire agreement between us regarding our services and supersede and replace any prior agreements we might have had between us regarding the services.

16. Contact Information

If you have any questions about these Terms of Service, please contact us using the following information:

Contact Details

Address

SM Lanang Premier, Davao City, Philippines

Business Hours

Mon-Fri: 9:00-18:00 PST

Thank you for choosing pixelzen. We appreciate your business and are committed to providing you with excellent service.

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