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PixAvatars

Terms of Service

Last Updated: April 20, 2023

We've created these Terms of Service (the “Terms”) to govern our relationship with you as a user of the pixavatars.com website and the service available on it (the “Service”). These Terms form a legally binding contract between you and DuJardin Consulting, LLC (“DuJardin”), the owner of the Service. Please read them carefully. By using the pixavatars.com website, you agree to these Terms. If you do not agree with them, simply do not use the Service.

We reserve the right to amend any of these Terms, in our sole discretion. Upon doing so, we will update this page and notify you through the Service or the email address you provide when you create your account. Any changes to these Terms will take effect immediately from the date of publication.

  1. Your Account

To use the Service, you need to create an account. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account. It's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account. Any software that we provide you with may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings. You agree not to create any account if we have previously removed or banned you or your account from any of our Service, unless we consent otherwise.

  1. Who Can Use the Service

No one under 13 is allowed to create an account or use the Service. If you are under 18, you may only use the Service with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Service. We may offer additional Service with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Service, you represent, warrant, and agree that you can form a binding contract with DuJardin and you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Service on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

  1. The Rights We Grant You

Between you and us, DuJardin (and its licensors) is the owner of the Service, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Service, and all related intellectual property rights. DuJardin grants you a worldwide, royalty-free, non- assignable, non-exclusive, revocable, and non-sublicensable license to use the Service. This license is for the sole purpose of using and enjoying the Service in a way that these Terms and our policies, such as our Privacy Policy and Acceptable Use Policy, allow. You may not use the Service in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

  1. The Rights You Grant Us

Our Service let you create, upload, modify, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. We will never claim ownership of your content, but we do require a license from you in order to use it.  For all content you submit to the Service, you grant DuJardin and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, reproduce, modify, adapt, edit, analyze, transmit, and distribute that content for the purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Service, solely for the purpose of providing such Service. Otherwise, your content will stay private and will not be shared with any third parties without your explicit consent.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Service or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, modify, send, or store through the Service.

We, our affiliates, and our third-party partners may place advertising on the Service, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.

We always love to hear from our users. But if you provide feedback or suggestions, you agree that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.

  1. Respecting the Service and DuJardin's Rights

By using the Service, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms, and your users that you will not do, enable, or encourage anyone else to do, any of the following:

  • violate or infringe DuJardin's or our affiliates' copyrights, trademarks, or other intellectual property rights;
  • copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Service or the content on the Service, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service's intended functionality;
  • create another account if we have already disabled your account, attempt to access the Service through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account or a username;
  • reverse engineer, duplicate, decompile, disassemble, or decode the Service (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service;
  • use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract other users' information;
  • use or develop any third-party applications that interact with the Service or other users' content or information without our written consent;
  • use the Service in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service;
  • upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Service;
  • attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access;
  • probe, scan, or test the vulnerability of our Service or any system or network;
  • violate any applicable law or regulation in connection with your access to or use of the Service; or
  • access or use the Service in any way not expressly permitted by these Terms or our Acceptable Use Policy.
  1. Respecting Others' Rights

You may not use the Service, or enable anyone else to use the Service, in a manner that violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit content to the Service, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Service (including, if applicable, the right to make mechanical reproductions of the musical works embodied in any sound recordings, synchronize any compositions to any content, publicly perform any compositions or sound recordings, or any other applicable rights for any music not provided by DuJardin that you include in your content) and grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user's account except as permitted by DuJardin or its affiliates.

DuJardin honors copyright laws, including the Digital Millennium Copyright Act and takes reasonable steps to expeditiously remove from our Service any infringing material that we become aware of. If DuJardin becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account. If you believe that anything on the Service infringes a copyright that you own or control, please report it by filing a notice to us at DuJardin Consulting LLC, Attn: Copyright Agent, P.O.Box 10701, Eugene, OR 97440, email: support@dujardinconsulting.com. If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

  • contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
  • provide your contact information, including your address, telephone number, and an email address;
  • provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  1. Acceptable Uses

We try hard to keep our Service a safe place for all users. But we can't guarantee it. By using the Service, you agree that you will at all times comply with these Terms, including our Acceptable Use Policy and any other policies DuJardin makes available in order to maintain the safety of the Service.

If you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties—including law enforcement—and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.

  1. Paid Services

Some aspects of the Service require payment. Prices, descriptions or availability of a Service are subject to change.  When you submit an order, a purchase agreement is created, which requires you to pay the price and any taxes specified on the order page.  Any discounts offered will be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of the website.  Offers and discounts are always granted in our sole discretion.

All payments are independently processed through third-party services. We do not collect any payment information, such as credit card details; we only receive a notification once the payment has been successfully completed.  If a payment is refused by the payment service provider, we are under no obligation to fulfil the purchase order.

You authorize us or our authorized vendor(s) to store your payment method and use it in connection with your use of the Service.  To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us or our authorized vendor(s) to continue billing and charging your account for amounts owed with the information that we obtain.

  1. Third-Party Service

The Service may display, include or make available content, data, information, applications, features or materials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. If you use any Third-Party Materials made available through our Service (including Service we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Neither DuJardin nor our affiliates are responsible or liable for a third party's terms or actions taken under the third party's terms. Further, by using the Service, you acknowledge and agree that DuJardin is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Service, Third-Party Materials or third-party websites, or for any other materials, products, or Service of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

  1. Modifying the Service; Termination

We're always improving our Service. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Service altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.

You can terminate these Terms at any time and for any reason by deleting your account.

We may terminate or temporarily suspend your access to the Service if:

  • you fail to comply with these Terms, our Acceptable Use Policy or the law, for any reason outside of our control, or
  • you fail to make the timely payment of fees for the Service, if any;
  • we elect to discontinue the Service; or
  • for any reason, and without advanced notice.

That means that we may terminate these Terms, stop providing you with all or any part of the Service, or impose new or additional limits on your ability to use our Service. And although we'll try to give you reasonable notice beforehand, we can't guarantee that notice will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates these Terms, both you and DuJardin continue to be bound by Sections 4, 8 (to the extent any additional terms and conditions would, by their terms, survive), and 10 - 20 of the Terms.

  1. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless DuJardin, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service, or any products or Service provided by a third party in connection with the Service, even if recommended, made available, or approved by DuJardin; (b) your content, including infringement claims related to your content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct.

  1. Disclaimers

We try to keep the Service up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICE WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICE WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE TIMELY OR ACCURATE.

NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MEMBERS, OWNERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.

  1. Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of Oregon, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

  1. Exclusive Venue

To the extent that these Terms allow you or DuJardin to initiate litigation in a court, both you and DuJardin agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Service will be litigated exclusively in the United States District Court for the District of Oregon. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of Oregon, County of Lane. You and DuJardin consent to the personal jurisdiction of both courts.

  1. Class-Action Waiver and Jury Waiver
  1. Waiver of Jury Trial. YOU AND DUJARDIN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND DUJARDIN WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  2. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
  3. Right to Waive. Any rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted.
  4. Small Claims Court. Notwithstanding the foregoing, either you or DuJardin may bring an individual action in small claims court.
  1. California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. Privacy

Your privacy matters to us. You can learn how your information is handled when you use our Service by reading our Privacy Policy.

  1. Miscellaneous

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

These Terms, including the additional terms referenced in Section 3, make up the entire agreement between you and DuJardin, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Service using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.

  1. Contact Us

DuJardin welcomes comments, questions, concerns, or suggestions. Please contact us by email at pixavatars@dujardinconsulting.com.

DuJardin Consulting LLC is located in the United States at P.O.Box 10701, Eugene, OR 97440

Copyright© 2023 DuJardin Consulting, LLC.