Terms and Conditions
Terms and Conditions
(Updated on 26 September 2018)
Welcome to Poise Pixels Co, we are committed to make your shopping experience smooth and enjoyable as much as possible. These terms and conditions (the “Terms & Conditions”) apply to www.poisepixels.co (the “Site”) and form the terms and conditions on which we supply products and services to you.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING ANY POISE PIXELS CO. WEBSITE OR MOBILE APPLICATION (OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE WEBSITE OR MOBILE APPLICATION) (COLLECTIVELY, THE “SITE”), YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE “SITE TERMS”).
Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to the Terms and Conditions. If you do not agree with all of the provisions of this Terms and Conditions, do not access and/or use the Services. You may not access or use the Services or accept the Terms and Conditions if you are not at least 18 years old.
Ownership of the Site and its Contents
The Site is owned by Poise Pixels Co. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, words, graphics, data, photographic images, moving images, illustrations, software, information, materials, and the selection and arrangement thereof (“Poise Pixels Co. Content”), is owned by Poise Pixels Co. All elements of the Site, including the Poise Pixels Co. Content, are protected by copyright, trademarks, moral rights, and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions that you may submit to us about our services, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
Accessing and using the site
As a condition of your access to and/or use of the Site, you warrant that:-
a) all information supplied by you on the Site is accurate, current and complete;
b) you are 18 years of age or older in order to access and/or use the Site; and
c) you will not copy or distribute any part of the Site or its content in any medium.
d) You agree to the full Image License which may be found on this website.
e) you will not use our Site or its Conduct in any way that causes or is likely to cause the Site, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Site and its Content and to us.
f) You only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
g) You are financially responsible for all purchases made by you or someone acting on your behalf through the Site or its Content.
h) You use the Site and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
i) You must use the Site and its Content for lawful purposes only. You will not use the Site or its Content in any of the following ways:
- For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others.
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your contributions
- To send, negatively impact, or infect our Site or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not.
You shall be solely responsible for your access to and/or use of the Site and its materials herein. Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to terminate any user account at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Your account should be utilized by you alone. You agree that you will not allow unauthorized users to access your account to use or download images or make changes to your account.
In order to purchase any product or service made available through the Site, you might be asked to provide certain information relevant to your order. Such information may include your credit card number, the expiration date of your credit card, your billing address and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of orders initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
We reserve the right to refuse any order that you place with us. Therefore, we may prohibit orders that appear to be placed by dealers, resellers or distributors. If we refuse your order, that order will be refunded in full. We also reserve the right, in our sole discretion, to limit or cancel quantities purchased per person, per household, or per order. These restrictions can include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we exercise this right and make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Subscription and Billing. Certain aspects of the Services may be provided for a fee, subscription or other charge. Currently, we offer subscription-based services to users. If you purchase a quarterly subscription, this subscription will automatically renew at the end of each billing cycle, typically every thirty (90) days, at which point you will automatically be charged on your anniversary date for the next billing cycle. If you purchase an annual subscription, this subscription will automatically renew at the end of each billing cycle, typically every thirty (365) days, at which point you will automatically be charged on your anniversary date for the next billing cycle.We may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Payment Information; Taxes. You are responsible for all fees, including taxes, associated with your use of the Services. You are responsible for providing us with a valid means of payment. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You must keep current payment information on file with us. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred.
Payment Authorization. By agreeing to these terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize us to satisfy.
Due to the digital nature of the product, and because instant access is granted as soon as the membership is activated, no refunds are offered on memberships. Memberships may be canceled at any time. To avoid renewal charges, members must cancel their accounts prior to the automatic renewal date. NO REFUNDS will be issued if members forget to cancel prior to the renewal date. The member account will remain active until the end of the subscription term and all images downloaded while the membership was active may still be used.
You may cancel your subscription or any paid service at any time by emailing us at email@example.com. You will not be prorated for any unused Services during the billing cycle in which you cancel your services, and your services will be active until the end of the then-current billing cycle.
Rights and Licenses
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services as per image license below.
By purchasing the Product, the Purchaser/Member agrees to the following Image License. By signing up to Poise Pixels Co. mailing list, user will receive free stock images. Mailing list subscribers are by default considered as “user”. User who subscribes to our membership are known as “Member”. The image license below applies to both User of the site and Purchaser/Member.
- Use images for personal or business use online and in digital products.
- Use images on your website or blog as website graphics, social media platforms as Facebook cover or Instagram photos that fits your business (as long as it is not restricted, see restricted usage below).
- Crop, resize, add filter, overlay your own products, text or artwork to the image.
- Add filter or presets to suit your brand.
- Use the images in digital products including opt-ins such as checklists, workbooks, ebooks, and other pdfs downloads as long as the images are overlaid with text or graphics and cannot be extracted, and that the images is not the main component of the digital product.
- Use the image to display your design work if you are website designer/developer or graphic designer.
- Use the images for multiple businesses/blogs for which the member is the sole owner.
Users/Members May Not:
- You many not sell, resell, redistribute, lease, loan, transfer, share or give the image to a third-party to use in any way. Poise Pixels Co. keeps the original copyrights for the images.
- You may not claim the images as your own.
- You may not alter, edit or manipulate the images.
- You may not use the images for social media, websites, or any other online/print mediums for clients/customers for clients and customers or on any work you are doing for your clients and customers. (even if the image files are not being directly transferred to the client/customer)
- You may not transfer the images to clients/customers, even if the image have been modified by adding text or graphics.
- You may not create derivative products from the images and sell them. For example, you cannot add text or graphic to a photo and sell it as a print or a social media graphic. You cannot use images to create branding or logos to re-sell them. You cannot use any of the images to create mugs, prints, etc.
You may not create derivative products from the images such as printables, art prints, mugs, calendars, clipart, invitations, templates, screensavers, quote graphics, desktop calendars, or any similar products, either for sale or to give away for free.
- You may not re-sell the images as standalone files or as part of templates, themes, graphics, prints, stickers, or other printed items intended for sale to other people.
- You may not use the images to promote or sell other photography or styling products, services, workshops, courses, or similar resources whether for free or paid.
- You may not use the images for ebook covers or physical book covers to be sold on Amazon or similar mass distribution sites.
- You may not transfer membership or login credentials to a third party – whether a client, customer, or business partner.
- No Unlawful Use. You may not use the images in any illegal, offensive manner or pornographic use.
- You may not use our InstaQuotes or our pre-made social media graphic to create commercial products for sale or to give away. This includes derviative products such as prints, patterns, invitations, and social media templates.
- Poise Pixels Co. remains the sole and exclusive owner and holder of the copyright of the image.
- Credit is not required but always appreciated – if you’re sharing on social media, we’d love for you to mention @poisepixelsco and/or use the hashtag #PoisePixelsCo so we can see how you use them and also feature your business on our page/stories.
- Purchaser/Member/User acknowledge that Poise Pixels Co. does not make any representations or assurances of non-infringement and does not make claim to have received releases from any brands, designers, or manufacturers for use of products, registered trademarks, logos or intellectual property portrayed in the images. Purchaser/Member/User agree that Poise Pixels Co. shall not be liable for any damages resulting from the use of any of the images provided. Poise Pixels Co. shall not be liable for any claims related to, or resulting from, your use of the images, which may or may not have been modified by you, or combined with other content.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the services, except and if otherwise expressly set forth in these Terms.
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the services.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.
Links to Third Party Sites
The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by Poise Pixels Co., including third party payment system providers. You acknowledge and agree that Poise Pixels Co. is not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve Poise Pixels Co. from any and all liability arising from your access and use of any third party website. We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.
Intellectual Property Rights
Poise Pixels Co. is the owner or the licensee of all intellectual property rights in and to the content on the Site, and in the material published on it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without Poise Pixels Co.’s prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site.
Limitation on Liability
In no event will we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the services, even if we have been advised of the possibility of such damages. access to, and use of, the services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. In no event will Poise Pixels Co.’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amounts you’ve paid Poise Pixels Co. in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.
Our Site and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Site and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Site participant or user, including you.
You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Site or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Site or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
We make no warranties as to our website or its content. you agree that our Site and its Content are provided “as is” and without warranties of any kind either express or implied. to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website or its content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site, Content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site or its Content or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
We try to ensure that the availability and delivery of our Site and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Site or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Site or its Content inaccessible to you.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Site or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Site, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of your access of, use of and/or participation in this Site, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or willful misconduct caused or attributable to you or any of your agents, and (iv) breaches of your obligations under these Terms & Conditions.
We reserve the right in our sole discretion whether there has been a breach of these Terms & Conditions through your use and/or access of the Site in full or in part, at any time without notice. When a breach of these Terms & Conditions has occurred, we may take such action as we deem appropriate, including:-
- Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
- Issuing a warning to you;
- Commencing legal proceedings against you for loss resulting from your breach; and
- Disclosure to law enforcement authorities of such information as we reasonably deem necessary.
- We exclude liability for any actions taken in response to breaches of these Terms & Conditions.
The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate. In the event of cancellation or termination, you are no longer authorized to access the part of the Site or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms & Conditions with respect to the Site and its Content will still apply now and in the future, even after termination by you or us.
Digital Millennium Copyright Act
We respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Site infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with notice requesting that we remove the information from the Site. Any request should only be submitted by you or an agent authorized to act on your behalf to firstname.lastname@example.org.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to binding arbitration. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Perth, Australia. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to their relationship and supersede any and all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By accessing or using the Sites, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes, you accept the new Terms and Conditions with the modifications.
Assignment. This Terms and Conditions is personal to you and is not assignable by you without Poise Pixels Co.’s prior written consent. Poise Pixels Co. may assign this Terms and Conditions, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
Entire Agreement. This Terms and Conditions constitutes the entire Terms and Conditions between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Terms and Conditions. No amendment of, or any consent with respect to, any provision of this Terms and Conditions shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
Governing Law. This Terms and Conditions shall be governed by and construed in accordance with the laws of Australia, regardless of the conflict of laws principles thereof. Any claim or dispute arising out of or relating to these Terms & Conditions and/or your access to and/or use of the Site which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the courts of Australia.
Severability. Should any provision of this Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Terms and Conditions shall not be affected and shall remain in full force and effect.
Waiver. The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
Audit. Upon reasonable notice, you agree to provide to Poise Pixels Co. sample copies of projects or end uses that contain licensed content, including by providing Poise Pixels Co. with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, Poise Pixels Co. may, at its discretion, either through its own employees or through a third party, audit your records directly related to this Terms and Conditions and your use of licensed content in order to verify compliance with the terms of this Terms and Conditions.
Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value-added taxes, withholding taxes and duties imposed by any jurisdiction as a result of the licence granted to you, or of your use of the licensed content.
Copyright/Trademark Information. Copyright © 2018 Poise Pixels Co. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
We may change any content or material on the Site at any time. Any of the content or material on the Site may be out of date at any given time, and we are under no obligation to update the Site. We shall not be liable if for any reason the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site without prior notice to you.