Terms & Conditions
What is Phixel?
Phixel, a Colombian limited liability company, (here in after “Phixel” or “We/Us/Our”) provides services, products and information via our website (located at http://phixel.net, our Facebook Page, Twitter, Instagram, YouTube and other platforms which may be added or removed at any time. Collectively, these sites are referred to as the “Platform(s)” and include all versions accessible through all devices (such as mobile and desktop apps, web browsers, etc.)
All Users Agree to Our Terms & Conditions
All visitors (hereinafter, “User(s)”, “You” or “Your”) to our Platforms are subject to the terms, conditions and notices set forth in these Terms and Conditions (the “Terms & Conditions”). Purchasers of Our products or subscribers to Our services may be subject to additional rules applicable to such transactions. These Terms & Conditions may be amended from time-to-time.
By using Our Platforms, purchasing Our products (physical and/or digital) or subscribing to Our services, You accept these Terms & Conditions and agree to comply with all of its provisions.
If You do not wish to accept these Terms & Conditions, Do not use our platforms, purchase our products or subscribe to our services.
Purchases and Subscriptions
We provide products in the form of physical goods and downloadable digital products.
We also provide access and subscriptions to courses and course materials.
Collectively, we refer to our products, services, courses, and subscriptions as “Our Products.”
All purchasers of any of Our Products agree to the following conditions for any paid transaction with us (hereinafter, “Payment Terms”).
You warrant and represent that you are authorized to use any payment method you provide to us (such as PayPal accounts or credit cards).
You agree to indemnify us against losses we may sustain as a result of any breach of this warranty. We use third-party vendors to process payments for Our Products.
These vendors are currently PayPal. Visit https://PayPal.com/ to view these vendors’ specific privacy policies and terms and conditions.
Our Products that are sold and distributed in a digital format are non-refundable, including any subscriptions for a series of courses or memberships in any discussion groups or other online communities.
Our Products that are physical goods (“Physical Products”) are refundable if returned to Us in unused condition within 30-days following delivery to You.
Physical Products must be in the same condition in which You received them and must be returned in the same packaging with any labels remaining (not removed).
You are responsible for the costs of any shipping for any returns.
Within 30 days following receipt of any returned Physical Product, we will issue a refund of the purchase price of the Physical Product via the same payment method that was used to purchase the Physical Product.
All shipping costs are not refundable and remain Your responsibility.We reserve the right to change the costs of our Products at any time. Please check with our Platforms for the latest pricing.
Conduct of Users
Users of Our Platforms understand and agree that Our Platforms may only be used for lawful purposes and in accordance with these Terms & Conditions.
Users of Our Platforms represent that You are of legal age and capable of forming a binding contract with Us. These Terms & Conditions are a binding contract.
Prohibited Conduct. Users of Our Platforms understand and agree that You will not engage in any of the following conduct (collectively, “Prohibited Conduct”).
You will not violate or encourage the violation of any local, state, national, or international law or regulation.
You will not collect or store personal data about other Users of our Platforms or solicit personal information from any other Users of our Platforms.
You will not act in any manner which will cause other Users to believe that You are any other person or entity other than who You actually are, or cause other Users to believe that You represent any other person or entity other than who You actually represent.
You will not submit or distribute any so-called “spam” or “junk mail” or “chain letters” or otherwise promote any commercial endeavor.
You will not solicit money, goods or services for private gain.
You will not disrupt or interfere with the security or use of our Platforms.
You will not damage our Platforms through the submission or use of any damaging software or other actions.
You will not use or attempt to use any other User’s account or identity.
You will not attempt to gain unauthorized access to any User’s account or to any of Our Platforms.
You will not engage in any conduct that may interfere with any User’s or third-party’s ability to access or enjoy Our Platforms.
You will not assist any third-party in engaging in any Prohibited Conduct.
Links to our Platforms. You may provide links to the home page of Our Platforms, but not to any other content within Our Platforms. You may not provide links that frame Our content. You may not provide links in a manner that may damage Our reputation or that might indicate any form of association with Us or endorsement by Us.
Conduct of Users Ownership
You agree that any content submitted by You at anytime to or through any of Our Platforms (hereinafter, “Submitted Content”) becomes Our sole and exclusive property.
Submitted Content includes, but is not limited to, questions, comments, e-mails, chats, messages or other writings, photographs, audio and/or video recordings, and all other content in any medium of expression.
In the event that these Terms & Conditions, in the applicable jurisdictions, do not convey all rights to any Submitted Content, then you hereby grant to us a non-exclusive, royalty-free, perpetual, transferable, and sub-licensable license to copy, transmit, use, create derivative works from or otherwise exploit all Submitted Content.
You hereby waive any moral rights (Droit Moral) you may have to such Submitted Content and agree that You waive any claims You may have under any theory of law or equity regarding Our use in any manner of any Submitted Content. In addition, all Submitted Content is deemed to be, and warranted by You to be, non-confidential and non-proprietary.
By providing Submitted Content, You agree that We may use, disclose or otherwise exploit the Submitted Content in any manner. You also agree that We are not responsible for the conduct of other uses of Our Platforms or any third parties with whom You or We share Your Submitted Content.
Prohibited Content. Submitted Content shall not contain any of the following (hereinafter, “Prohibited Content”) and You agree not to submit any of the following Prohibited Content:
Submissions that promote any commercial activity other than commercial activity provided through Our Platforms.
Submissions that are illegal, promote or advocate illegal activity or otherwise violate the criminal or civil laws of any jurisdiction.
Submissions that are libelous, slanderous, defamatory, abusive, offensive, inflammatory or otherwise objectionable.
Submissions that are intended to harass, vilify or annoy any third-party.
Submissions that are discriminatory against any individual on the basis of any personal characteristics.
Submissions that are indecent, pornographic or otherwise contain sexually explicit material or language.
Submissions that infringe on any copyright, trademark, patent, trade secret or other
intellectual property or other rights of any third party.
Submissions that infringe on the personal rights of any individual including, but not limited to, any rights of privacy or publicity.
Submissions that purport to originate from any individual or entity other than the individual actually submitting the content.
Termination of Access. We reserve the right to suspend, restrict or revoke access to our Platforms to any User at any time in the exercise of Our sole discretion.
Cooperation with legal process. We reserve the right to assist law enforcement in the investigation of any crime or occurrence and to cooperate with any legal process in the exercise of Our sole discretion.
Participation in Events
From time-to-time, We may offer events in which attendees of Our events may interact with one-another and/or with Our staff and/or with Our invited guests. If You attend or participate in any of these events, whether by attending in person or through any of Our Platforms, You agree to the following terms and conditions. If You do not agree, do not attend these events.
- Prohibited Content. You agree not to submit any Prohibited Content as defined in these Terms & Conditions.
- Termination/removal. You may be removed from any event in the exercise of Our sole discretion.
- Appearance Release. You agree that We may record any appearance by You at any event (whether Your appearance is in person or through any of Our Platforms), which appearance may include Your name, likeness, photograph, voice, dialogue, sounds, biographical information, personal characters or other personal identification captured by Us or submitted by You during the course of an event (collectively, such data is “Your Appearance”). We may use or otherwise exploit Your Appearance, along with any Submitted Materials as defined in these Terms & Conditions, in any manner throughout the universe, in perpetuity, and in any and all media now known or hereafter devised, without any monetary compensation to You whatsoever. You understand that any dispute regarding the use of Your Appearance will be subject to the Dispute Resolution provision set forth in these Terms & Conditions. In the event that any Arbitrator or other tribunal finds that Our use of Your Appearance requires compensation, You agree that We may use Your Appearance in any manner for the sum of five-hundred United States dollars which payment shall constitute a retroactive license.
Our Rights. Our Platforms and the entire content appearing in Our Platforms including all text, images, software code, Submitted Content, audio and video and the design, layout, functionality and features of Our Platforms (collectively, “Our Materials”) are owned by Us, Our licensors of Our Materials and other providers of Our Materials. Our Materials are subject to the laws of the United States and other jurisdictions via statute, treaty or otherwise. Such laws include those governing copyrights, trademarks, patents, trade secrets and other intellectual property rights (hereinafter, collectively, “Our Rights”). We reserve all of Our Rights to Our Materials. You are permitted to use Our Platforms solely for the non-commercial uses described in connection with our products and services. No grant of Our Rights is expressed or implied in any use of or transaction through Our Platforms. Any license to Our Materials, expressed or implied, is subject to revocation at will in the exercise of Our sole discretion.
No License. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit Our Materials except as may be permitted for specific content as part of a transaction involving Our services. You may not use any of Our Materials or Our trademarks, logos or tradenames without Our express, prior, written permission.
Third Party Rights. Some content appearing in our Platforms may be owned by third parties and are licensed for use by Us. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit any third-party content except as may be permitted for specific content as part of a transaction involving Our services. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permission of their respective owners.
Allegations of Infringement (DMCA). If You believe that any of Our Materials violates Your copyright(s) or other rights, You may request removal of those materials from Our Platforms by submitting written notice in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your notice must include the following:
- Your name, address and contact information.
- A copy of the work(s) You believe are being infringed upon within Our Platforms.
- A readily identifiable description and location with Our Platforms of the work(s) You believe are infringing.
A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that that the works You identified as infringing are being used without authorization.
As-Is / As-Available. All of Our Platforms and Our Materials are provided to You on an as-is and as-available basis. We provide no guarantee that Our Platforms or Our Materials will be available at any given time or through any given device.
No Warranties expressed or implied. Your use of Our Platforms and Our Materials is at Your own risk. We make no warranty, express or implied, regarding Our Platforms, Our Materials or the accuracy, applicability, or usability of Our Materials for any purpose. We make no warranty that use of Our Platforms is free of viruses or other harmful or incompatible software that may damage any device on which You view Our Platforms or Our Materials. We disclaim any and all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for any particular purpose.
Not liable for content. You assume any risk associated with any reliance You place on Our Materials whether such content is provided by Us or by any Users of Our Platforms or any other third-parties.
No Legal Advice. Our Materials are not to be construed as legal advice in any manner. You should consult an attorney of Your choosing regarding any legal matter that You may have and not rely on any of Our Materials in making any decisions or taking or refraining from any actions.
Opinions expressed are of individuals. Our Materials may contain opinions regarding a particular subject. In such event, the opinions expressed are those of the individual authors of those materials and are not to be construed as Our opinions. We are not responsible for any such opinions.
Third-Party Links. We are not liable for any content or otherwise contained on any website or otherwise that You may encounter when following any link to any third-party.
Limitation of Damages. To the maximum extent permitted by law, in no event shall Phixel, its licensors, licensees, affiliates or partners, or the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same be liable for any special, punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of data, loss of profits, or any other such damages under any theory of liability, arising out of or in connection with the use of Our Platforms or Our Materials. You are solely responsible for any loss, claims or damages arising from any of Your Prohibited Conduct or Prohibited Submissions.
You agree to indemnify and hold harmless Phixel, its licensors, licensees, affiliates or partners, and the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same, from and against any claim arising from or related to Your breach of these Terms & Conditions and/or Your Prohibited Conduct and/or Your Prohibited Submissions.
Additional Legal Terms
Severability. If any provision(s) or term(s) of Our Agreement are held by any tribunal to be invalid or unenforceable, the provision or term shall be deemed modified and interpreted in a manner so as to achieve the intent of the original provision or term. All other provisions and terms of Our Agreement shall remain in full force and effect.No Waiver.
No waiver of or failure to enforce any particular instance of any breach of Our Agreement shall be deemed a continuing waiver of any provision or of any subsequent breach of Our Agreement.
Injunctive Relief. You agree that any breach or threatened breach of Our Agreement will damage Us in a manner that will render damages at law to be inadequate. Accordingly, You acknowledge that We may bring an action for injunctive relief against You for any breach or threatened breach of Our Agreement in addition to any action for monetary or other damages. We may bring such an action for injunctive relief in any court of competent jurisdiction or before an arbitrator selected under this Agreement.
Injunctive Relief Waiver. You, as a condition of entering into Our Agreement, hereby waive any right to seek injunctive relief in any form that may impair or impede the display, distribution or other exploitation of Our Materials and under no circumstances shall You be entitled to equitable relief or to restrain or enjoin the use of Our Platforms or the distribution of any of Our Materials.