- Pixlr Market
PIXLR - LICENSE AND SERVICES AGREEMENT


PLEASE READ CAREFULLY:

BY ACCESSING OR USING ALL OR ANY PORTION OF PIXLR PRO, PIXLR EXPRESS, PIXLR X, PIXLR EDITOR, PIXLR MARKET, ITS RELATED MOBILE APPLICATIONS, FURTHER UPDATES TO THE SERVICES, NEW SERVICES WHICH MAY BE INTRODUCED FROM TIME TO TIME BY PIXLR AND OUR WEBSITE WWW.PIXLR.COM (COLLECTIVELY KNOWN AS “PIXLR” or “Pixlr”) (the “Services”) WHICH IS OWNED BY 123RF LIMITED (“We”, “Us” and “Our”), YOU AS THE LICENSEE (“You” or “Your”) ACCEPT THE AGREEMENTS (AS DEFINED BELOW) ON BEHALF OF THE ENTITY FOR WHICH YOU ARE AUTHORIZED TO ACT (E.G., AN EMPLOYER) AND ACKNOWLEDGE THAT SUCH ENTITY IS LEGALLY BOUND BY THE AGREEMENTS (AND YOU AGREE TO ACT IN A MANNER CONSISTENT WITH THE AGREEMENTS) OR, IF THERE IS NO SUCH ENTITY FOR WHICH YOU ARE AUTHORIZED TO ACT, YOU ACCEPT THE AGREEMENTS ON BEHALF OF YOURSELF AS AN INDIVIDUAL AND ACKNOWLEDGE THAT YOU ARE LEGALLY BOUND BY THE AGREEMENTS, AND (II) YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND SUCH ENTITY (IF ANY) OR YOURSELF. FOR THE AVOIDANCE OF DOUBT, PIXLR MARKET SHALL BE GOVERNED BY A SEPARATE LICENSING AGREEMENT AS FOUND AT PIXLR MARKET LICENSE AGREEMENT (“Pixlr Market License Agreement”). YOU MAY NOT ACCEPT THE AGREEMENTS ON BEHALF OF ANOTHER ENTITY UNLESS YOU ARE AN EMPLOYEE OR AGENT OF SUCH OTHER ENTITY WITH THE RIGHT, POWER, AND AUTHORITY TO ACT ON BEHALF OF SUCH OTHER ENTITY.

IF YOU ARE UNWILLING TO ACCEPT THE AGREEMENTS, OR IF YOU DO NOT HAVE THE RIGHT, POWER, AND AUTHORITY TO ACT ON BEHALF OF AND BIND SUCH ENTITY OR YOURSELF AS AN INDIVIDUAL (IF THERE IS NO SUCH ENTITY), DO NOT CLICK ON ANY BUTTON OR OTHER MECHANISM DESIGNED TO ACKNOWLEDGE THE AGREEMENTS, AND DO NOT ACCESS OR USE ANY PORTION OF PIXLR.

Your agreement with Us includes this License and Services Agreement, the Pixlr Market License Agreement, the Privacy Policy, the Cookie Policy, the Terms of Use, and any additional terms that You agree to, shall be read and construed together collectively as the “Agreements”.

IMPORTANT NOTE: To the extent that the Services may be used to reproduce, modify or publish or distribute materials, it is licensed to You only for reproduction, modification, publication or distribution of noncopyrighted materials, materials in which You own the copyright, or materials You are authorized or legally permitted to reproduce, modify or publish. If You are uncertain about Your right to copy, modify, publish or distribute any material, You should contact Your legal advisor immediately.
1.   GRANT OF LICENSE
We grant You a limited, non-exclusive, revocable licence to make use of Pixlr in accordance with the Agreements.
2.   TERM OF AGREEMENT
The Agreements shall remain in effect until and unless terminated by You or Pixlr in accordance with Section 5 (“Term”).
3.   USER GENERATED CONTENT
  1. During the course of Your use of Pixlr, You may post and upload User Content (as defined below) subject that You agree not to submit User Content that: -

    1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person or to any animal;

    2. may create a risk of any other loss or damage to any person or property;

    3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

    4. may constitute or contribute to a crime or tort;

    5. contains any information or content that We deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable;

    6. contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;

    7. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or another party’s trade secrets);

    8. contains any information or content that You do not have a right to make available under any law or contractual or fiduciary relationships; or

    9. contains any information or content that You know is not correct and current.

    For avoidance of doubt, user content is defined as content to include but not limited to pictures and text as shared through Pixlr (“User Content”).

  2. You promise that, with respect to any User Content You upload and post via Pixlr, You have the right to upload and post such User Content, and such User Content, or its use by Pixlr as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of You or Your User Content entity or individual without express written consent from such individual or entity.

  3. We have no obligation to, monitor, review, or edit User Content. In all cases, We reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Our sole discretion, violates the Agreements. We may take these actions without prior notification to You or any third party. Removal or disabling of access to User Content shall be at Our sole discretion, and We do not promise to remove or disable access to any specific User Content.

  4. Upon notice from Us, or upon Your knowledge that any User Content is subject to a threatened, potential or actual claim of infringement of another’s rights for which We may be liable, You must immediately and at Your own expense (i) stop using the User Content; (ii) delete or remove the User Content from your premises, computer systems and storage (electronic or physical); (iii) ensure that Your clients, printers or ISPs do likewise; and (iv) let Us know in writing. You are solely responsible for all User Content that You upload and post. We shall not be responsible for User Content nor do We endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
4.   GENERAL USER GUIDELINES
  1. During the Term of Your use of Pixlr, You shall not: -

    1. copy, redistribute, reproduce, “rip”, transfer, or make available to the public any part of Pixlr which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) of Pixlr or any part of it;

    2. use Pixlr to import or copy any local files You do not have the legal right to import or copy in this way;

    3. reverse-engineer, decompile, disassemble, modify, or create derivative works based on Pixlr or any part thereof unless permitted by applicable law;

    4. circumventing any technology used by Pixlr, its licensors, or any third party;

    5. selling, renting, sublicensing or leasing of any part of Pixlr;

    6. manipulating Pixlr by using a script or other automated process;

    7. removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through Pixlr (including for the purpose of disguising or changing any indications of the ownership or source of Pixlr);

    8. providing Your password to any other person or using any other person’s username and password; and

    9. “crawling” Pixlr or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from us.
5.   TERMINATION
  1. The Agreements is effective until it is terminated. You can terminate the Agreements by destroying the User Content, along with any copies or archives of it or accompanying materials (if applicable) and ceasing to use Pixlr.

  2. Pixlr can terminate the Agreements without advance notice to You if you fail to comply with any of the terms and conditions of the Agreements. Upon such termination, You must immediately (i) cease using Pixlr for any purpose; (ii) destroy or delete copies and archives of the User Content or accompanying materials; and (iii) requested, confirm to Us in writing that You have complied with all these requirements.

  3. We reserve the right to revoke or amend the Agreements granted to you at any time.
6.   TRADEMARKS AND COPYRIGHT
  1. All proprietary and intellectual property rights whatsoever in and to the service marks, trade names, logos and other commercial designations relating to Pixlr (collectively “Pixlr Trademarks”) belong to and vest in Us absolutely and You shall not have nor claim any adverse rights, title or interest in or to the Pixlr Trademarks.

  2. We reserve all rights of ownership and control over the Pixlr Trademarks and the right to restrict any use which We in Our sole discretion believes poses a serious threat or could be detrimental to the Pixlr Trademarks and Our goodwill and reputation.
7.   CONFIDENTIALITY
  1. By virtue of the Agreements, We may have access to information that is confidential to You and vice-versa (“Confidential Information”). Confidential Information shall include without limitation Pixlr and such other information clearly identified as confidential. Any source code, techniques and trade secrets including but not limited to the development of Pixlr are included within the definition of Confidential Information insofar as it relates to.

  2. Confidential Information shall not include information that: (i) is or becomes a part of the public domain through no act or omission of the receiving party; (ii) was in the receiving party’s lawful possession prior to the disclosure and had not been obtained by the receiving party either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or (iv) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information.

  3. In the event the receiving party is required under applicable law, rule, regulation, court or administrative order to disclose Confidential Information of the disclosing party, the receiving party shall use commercially reasonable efforts to: (i) promptly give notice, if permitted, to the disclosing party in order to enable the disclosing party to seek a protective order or other remedies; (ii) consult with the disclosing party with respect to the scope of the request or legal process to the extent possible; and (iii) limit any such disclosure to the extent necessary and required.
8.   DISCLAIMER
PIXLR IS PROVIDED "AS IS, AS AVAILABLE, WITH ALL FAULTS" BASIS AND, EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENTS, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9.   LIMITATION
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH PIXLR IS TO STOP USING PIXLR. WHILE WE ACCEPT NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO PIXLR, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE PIXLR, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO PIXLR, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO US DURING THE PRIOR TWELVE (12) MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
10.   SERVICE LIMITATION AND RESTRICTIONS
We will make reasonable efforts to keep Pixlr operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of Pixlr, with or without notice, all without liability to You, except where prohibited by law, for any interruption, modification, or discontinuation of Pixlr or any function or feature thereof. Notwithstanding the foregoing, You understand, agree, and accept that We have no obligation to maintain, support, upgrade, or update Pixlr, or to provide all or any specific content through Pixlr. This section will be enforced to the extent permissible by applicable law. We may, from time to time, remove any such User Content without notice to the extent permitted by applicable law.
11.   INDEMNITY
Notwithstanding anything to the contrary in the Agreements, You agree to fully defend, indemnify and hold us and its officers, directors, employees, owners, agents, representatives, licensors, and anyone else associated with Us and each of their successors, (sub)licensees (other than You), and assigns free and harmless from any and all claims (including, without limitation, third party claims), liabilities, costs, losses, damages, or expenses, including reasonable attorneys' fees and expenses, arising in connection with Your use of Pixlr or any breach or alleged breach of any representation, warranty, or other promise / obligation made by You in the Agreements.
12.   MISCELLANEOUS
  1. Assignment

  2. You may not assign or transfer to anyone the rights granted to you in the Agreements, without Our prior written consent and any attempted or actual assignment or transfer thereof shall be null and void. We reserve the right to assign the whole or any part of the Agreements without Your consent.

  3. No Waiver

  4. Any failure on Our part to enforce any provision of the Agreements will not be deemed a waiver of future enforcement of that or any other provision.

  5. Notice

  6. Except as otherwise provided in the Agreements, all notices or other communications must be in writing (email being deemed as an acceptable form) and will be deemed to have been duly given when delivered (with written confirmation of receipt) or by electronic mail or electronic transmission in a comprehensible form to the other party at its email or network address. All notices to Us shall be addressed to the attention of info@pixlr.com.

  7. No Partnership

  8. Nothing in the Agreements shall be construed to create any partnership, joint venture, employment or agency relationship between You and Us.

  9. Force Majeure

  10. We shall not be liable for any delays in performance of Pixlr and Our obligations under the Agreements for causes beyond its reasonable control, including but not limited to fire, flood, epidemic, strike, an act of God or public disorder.

  11. Entire Agreement

  12. You acknowledge that You have read the Agreements, understood it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between You and Us, which supersedes any proposal or prior agreement, oral or written, and any other communication between You and Us relating to the subject of the Agreements.

  13. Severability

  14. Should any provision of the Agreements be held to be void or invalid, that fact will not affect any other provision, and the remainder of the Agreements will be construed to most closely give effect to the parties' intentions.

  15. Governing Law and Dispute Resolution

  16. This Agreement shall be governed by, and shall be construed in accordance with, the laws of Hong Kong. Any dispute, controversy or claim arising out of or relating to this Agreement, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
PIXLR CREATOR AGREEMENT (“AGREEMENT”)

THIS IS AN AGREEMENT BETWEEN YOU AS THE PIXLR CREATOR (“YOU”) AND PIXLR MARKET (“PIXLR MARKET”). THIS AGREEMENT APPLIES TO ALL PIXLR CREATOR WHO SUPPLY ASSETS TO MARKET.PIXLR.COM (COLLECTIVELY KNOWN AS “WEBSITE”).
1.  Definitions
  1. “Accepted Assets” means Assets uploaded onto the Website and deemed suitable for posting on the Website by Pixlr Market for licensing.

  2. “Applicable Deductions” has the meaning ascribed to it in Clause 6(d).

  3. “Assets” means digital assets files including but not limited to the form of themes (for the purposes of WordPress, CMS, video, web and emails, presentation), WordPress plugins, fonts, footage, graphics and photos, 3D and/or Audio Asset contributed by You.

  4. "Audio Asset" means any sound (including music, sound effects, musical compositions, musical arrangements, jingles, track compilations, sound and master recordings, non-musical audio recordings, voice and voice recordings and sound / audio clips), original digital files, or any copies thereof.

  5. "Collection Societies" means any performing, mechanical, or other similar rights society (e.g. ASCAP, IFAMLA, MACP, BMI, SESAC, SOCAN, KOMCA, SACD, SACEM, MCPS, PRS, PPL, GEMA, GVL, SGAE, AIE, MCPS, SDRM, JASLAC, etc.) in any jurisdiction that collects and administers royalty payments on behalf of music publishers, writers and performers.

  6. “Earning”means payment due to the Assets Contributor (less any Applicable Deductions) from sublicensing the Assets uploaded and owned by the Pixlr Creator based on the Pixlr Market’s Subscriber Share Model, as may be revised by Pixlr Market from time to time.

  7. “Distribution Network” means the following methods / platforms used by Pixlr Market to sell, license, sublicense and distribute the Assets:

    1. market.pixlr.com;

    2. application programming interface (API) methods / business models and other portable interfaces linking to Website;

    3. other websites, platforms and venues under common control of Pixlr Market or affiliated to Pixlr Market; and

    4. Distributors / resellers and their respective sites and distribution channels.

  8. “Distributors” means any person / entity from any territory authorized by Pixlr Market to resell the Assets through the Distribution Network.

  9. "Edit" means not using the entire Assets or using the Assets in an incomplete or altered form, including editing, looping, enhancing, adapting, distorting or modifying the Assets.

  10. “Identification Documents” has the meaning ascribed to it in Clause 3(a).

  11. “IPR” means the copyright, trademark, intellectual property rights, privacy rights, publicity rights, trade secrets, confidentiality or any other proprietary right of any party or third-party.

  12. "Licensee" means the third-party clients / customers / users who license Assets from Pixlr Market, the Website or the Distributors.

  13. “Payoneer” is an internet-based financial service provider that allows users to transfer money and receive payments through reloadable prepaid MasterCard debit cards.

  14. “PayPal” (www.paypal.com) is an account-based system that allows anyone with an email address to securely send and receive online payments using their credit card or bank account.

  15. “Pixlr Creator” means an individual that has accepted this Agreement, has successfully cleared the ID verification process as per Clause 3 and has been approved by Pixlr Market to upload the Assets to the Pixlr Market’s servers.

  16. “Pixlr Market Parties” means Pixlr Market, its respective officers, directors, employees, agents, representatives, shareholders, advisors, licensees, sub-licensees, parties within the Distribution Network and anyone else associated with Pixlr Market.

  17. “Release” is the document stipulating terms under which one party may use pictures of persons or property for commercial and other purposes. Release includes "Audio Release" which means a document stipulating the terms and conditions under which a party may legally use the voice, voice recording or other audio recordings of another party (i.e. the owner/creator of such voice, voice recording or other audio recordings).

  18. “Reproduce(d)” means distortion, alteration, cropping, editing, incorporation or manipulation of any part of the Assets to create / reproduce a derivative product.

  19. "Synchronize" means to use Audio Asset in timed relation to other elements.

  20. "Upload" means the upload, storage, transmission, posting or submission of Assets on or to the Website, whereby each Upload shall be governed by the terms and conditions of this Agreement.
2.  Grant of Rights
  1. You grant Pixlr Market the perpetual right as a non-exclusive distributor to distribute, license, sublicense and sell Your Assets throughout the world via Pixlr Market’s Distribution Network, in and through any and all media and methods now known or hereafter devised, including the right to include such Assets in any marketing collaterals, promotional channels or marketing methods across the Inmagine Group, pursuant to the terms and conditions in this Agreement and all other related activities whether on the Website or through any other third-parties' platforms at Pixlr Market's own expense without any further costs, charges or license fees to You. For the avoidance of doubt, Pixlr Market Parties by virtue of this clause shall also duly obtain the right to use the Assets for the purposes as prescribed under this Clause 2(a) without any further costs, charges or license fees to be incurred.

  2. You further authorize Pixlr Market and the parties within the Distribution Network to facilitate all licensing and royalty fee payments/commissions with regard to Your Assets as they each deem fit, including without limitation the remittance, collection, payment, withholding, transfer, crediting and other payment/collection methods for the sale, licensing and sublicensing of the Assets.
3.  Pixlr Creator’s Identification
  1. You are required to submit at least one (1) valid government-issued identification to Pixlr Market for purpose of account creation such as the following:

    1. travel passport;
    2. identity card;
    3. driver's license; and/or
    4. certificate of incorporation (applicably for companies and organizations).
      (collectively known as the “Identification Documents”)

  2. Scanned proof of identification can be uploaded via the Website.

  3. Pixlr Market reserves the right to:

    1. reject the Identification Documents as uploaded by You due to authentication issues; and
    2. refuse to process the Earning due to You until valid identification is processed by Pixlr Market;

  4. withhold Your Earning if Pixlr Market suspects that You have been involved in fraudulent transactions or infringement of IPR or have breached the terms of this Agreement;

  5. start or continue to review and approve any Assets submitted by You only after valid identification has been submitted and approved by Pixlr Market; and/or

  6. deactivate, suspend or terminate any account /membership.

  7. Personal Information

    1. Pixlr Market will not rent, sell, or share personal information about You with other parties or non-affiliated companies unless Pixlr Market is required to do so by law.
    2. Pixlr Market will only accept personal identification documents that are processed securely within the Website.
    3. Pixlr Market will take all necessary security measures and precautionary protocols to ensure that all personal information of Pixlr Creator is secure and will not be accessible by unauthorized third parties.
4.  Releases
  1. You represent and warrant that You have taken all reasonable steps and measures to obtain genuine and original Release(s) for all Assets Uploaded by You that contains an identifiable person or property.

  2. Pixlr Market has the right to reject Assets with identifiable person(s) where You have not secured the necessary Release except for Assets marked specifically for editorial-use only.

  3. Pixlr Market shall be entitled to terminate Your account in the event You are found to have submitted false or incorrect Releases and You shall be liable to indemnify Pixlr Market for any and all claims arising from such false or incorrect Releases.

  4. Pixlr Market reserves the right to verify and provide documentation regarding Releases to its clients if required. In such an event, Pixlr Market shall ensure that the personal information of the individual identifiable in the Assets be kept private and confidential.
5.  Right to Control Claims
  1. Further to the right granted by You in Clause 2 and in this Agreement, Pixlr Market shall retain the exclusive right to pursue any administrative or legal action as it solely deems fit and necessary against any third-party for any unauthorized use of the Pixlr Market. You hereby agree to grant Pixlr Market and the Distributors the exclusive and irrevocable right to institute, report, file, pursue, manage, settle, take control and defend any claims related to any actual or alleged infringement of any IPR in the Accepted Assets ("Claims").

  2. You hereby agree to commit and provide all necessary cooperation as is reasonable and appropriate to Pixlr Market and the Distributors with respect to the Claims and You shall not unreasonably withhold or delay such cooperation. Except with Your prior written consent, Pixlr Market and the Distributors will not undertake any written or verbal settlements where such settlements may be prejudicial to Your rightful ownership in the Accepted Assets, whether now or in future. Pixlr Market and the Distributors shall be entitled to recover all fees and expenses arising from the management and control of any Claims (including the attorney fees) from You. If Pixlr Market and the Distributors decide not to pursue a Claim, You shall have the right to pursue such Claim at Your sole expense and Pixlr Market shall provide all necessary cooperation with respect to the Claim.
6.  Pixlr Creator's Earning
  1. Pixlr Market shall pay You a Earning based on the Subscriber Share Structure.

  2. Your account will be updated the following month for each of Your Assets downloaded by a Licensee and also reflect the total Earning payable which shall be paid by the fifteenth (15th) of each month. Payment will only be made if the total Earning payable meets the Minimum Payout Thresholds as set out in Clause 7 below. If the total Earning payable does not meet such threshold, the amount will be carried forward and accumulated in the following month. Payments are automatic and no request is required. For the avoidance of doubt, Your Earning shall be subjected to the withholding tax imposed by the government of the relevant country(ies). You may be required to fill up any relevant tax form, from time to time, to ensure You comply with the relevant country(ies)’s taxation law.

  3. The amount of withholding tax to be deducted by Pixlr Market shall be based on the Subscriber Share Structure.

  4. All Earning to be paid to You by Pixlr Market are subject to the following adjustments / deductions:

    1. any applicable taxes which in the opinion of Pixlr Market, is required to be withheld, deducted or paid from any of Your Earning pursuant to any applicable law, regulation or treaty. For the avoidance of doubt, Pixlr Market and the parties in the Distribution Network shall not be responsible in any way for Your tax obligations;
    2. any refunds or cancellation of licenses or downloaded Assets by the Licensees for any reasons whatsoever;
    3. any other reasonable expenses attributable to You in the course of enforcing this Agreement;
    4. any prior overpayment of Earning by Pixlr Market to You; and
    5. any other amount due from You to Pixlr Market or any parties in the Distribution Network,
      (collectively known as “Applicable Deductions”)
7.  Minimum Payout Threshold (in US$)
  1. PayPal
    The minimum payout is US$50.00.

  2. Payoneer
    The minimum payout is US$50.00.
8.  Payment Terms
  1. Selecting Payment Method: There will be no default payment method and Pixlr Market will not send You any Earning payable until You have chosen one of the payment methods above. To make such a selection, You are required to edit the settings in Your profile after signing in or during initial account registration. Pixlr Market shall not be responsible for payment set to incorrect accounts as entered into Your profile.

  2. Transaction Fees: Changes to Your payment preferences or address may result in processing payment problems / delay and cause additional processing fees / bank transaction charges (if any) to be incurred (“Additional Transaction Fees”). If the Additional Transaction Fees is incurred through no fault of Pixlr Market, Pixlr Market may charge a processing fee equivalent to the Additional Transaction Fees in processing and making payments to You by deducting such Additional Transaction Fees from the Earning payable.

  3. Account Cancellations and Sums Remaining: If You cancel Your account before You reach the Minimum Payout Threshold, the amount in Your account will be reimbursed to You via Your payment method. You shall however be fully responsible for all related charges to process such reimbursements.

  4. Modification: Pixlr Market reserves the right to modify the Earning rate and/or payment processing and/or payment delivery schedule at any time and will notify You by email of the change.

  5. Payment Schedule: All payments are made on the following month upon Your Minimum Payout Threshold being reached. Example, if You reached US$50.00 worth of Earnings in February and elect PayPal, Pixlr Market will pay You US$50.00 by the third (3rd) week of March.

  6. Customer Refunds and Adjustments

    1. Where a Licensee disputes the purchase of any Assets, and upon an internal investigation by Pixlr Market, at Pixlr Market’s discretion, a credit card chargeback or refund is made to the Licensee, the downloads of such Licensee shall be removed from Your earnings.
    2. Refunds are only given after signed documents are returned to Pixlr Market by the Licensee indicating that they will destroy any downloaded Assets from the Website and will not use the Assets.
9.  Fraudulent Downloads & Violations
  1. Intellectual Property Right Infringements: You shall not contribute any Assets in any manner that violates, plagiarizes, misappropriates or infringes the rights of third-parties in any manner including but not limited to intellectual property right infringements.

  2. Sites Tampering: You may not copy or adapt the object code of the Website, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Website, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to the Website.

  3. System Abuse: All Your Earnings will be forfeited if You are found to be artificially inflating downloads or violating the terms of this Agreement.

  4. Post-termination Account: If Your account is terminated for any reason, You must obtain Pixlr Market’s prior consent to sign up for another account. Further violation will result in a permanent ban from the use of the Website.
10.  Indemnity
  1. Indemnity by You: You agree to fully defend and indemnify the Pixlr Market Parties, free and harmless from any and all claims, liabilities, costs and losses (including any reasonable attorney’s fee and disbursement), arising out of or in connection with (i) Your Uploaded Assets; (ii) the use, licensing or sale of Your Uploaded Assets by Pixlr Market, Distributor, parties within the Pixlr Market Parties and Licensees pursuant to the terms of this Agreement; (iii) the use or infringement of IPR by You of the Website; and/or (iv) any breach or alleged breach or of any falsity or misrepresentation of any representation and warranty made by You in this Agreement.

  2. Indemnity by Pixlr Market: Subject to the terms of this Agreement, and provided that You have not breached the terms of this Agreement, Pixlr Market agrees to defend, indemnify, and hold You harmless up to the Liability Cap below. Such indemnification shall only apply to Claims for damages directly attributable to Pixlr Market’s breach of its representations and warranties in this Agreement, together with the expenses (including reasonable attorneys' fees), arising out of or directly connected to any valid actual or threatened lawsuit, claim, or legal proceeding. This indemnification is conditioned upon You notifying Pixlr Market, in writing, of any such claim or threatened claim, no later than five (5) business days from the date You know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to You and emailed to legal@pixlr.com, Attention: General Counsel. If required, Pixlr Market shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Pixlr Market in the defense of any such claim and shall have the right to participate in any litigation at Your own expense. Pixlr Market shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.

  3. Liability Cap: Pixlr Market's maximum aggregate obligation and liability to You for all claims (assessed collectively) arising under this Agreement shall be limited to Twenty-Five Thousand United States Dollars (US$25,000.00) only (the "Liability Cap").
11.  Liability and Disclaimer
  1. No Consequential Liability: In no event will any of the Pixlr Market Parties be liable for any actual, indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the submission, promotion, use, inability to use, or payment for, the Assets, even if Pixlr Market or the Pixlr Market Parties have been advised of the possibility of such damages.

  2. Licensees: You agree and acknowledge that Pixlr Market Parties and the parties within the Distribution Network will license the Assets according to various license agreements; however, Licensees of the Assets may or may not adhere to the terms and conditions of those license agreements, for which non-adherence, the Pixlr Market Parties and the parties within the Distribution Network shall not be held responsible or accountable in any way. In this regard, You hereby agree that while You may directly pursue claims against the Licensees, You will not pursue nor have any claims whatsoever against the Pixlr Market Parties or the parties within its Distribution Network but Pixlr Market may assist Your pursuit of such claims at Pixlr Market’s discretion and at Your expense.
12.  Representations and Warranties
  1. Legal Capacity: You represent and warrant that You are eighteen (18) years of age or over and have the legal capacity to enter and accept this Agreement. By using the Website, and/or registering for an account, You warrant that You at least the legal age of Your country's residence.

  2. Copyright Ownership: You represent and warrant that You own all proprietary rights including all copyright to the Assets and understand that Pixlr Market is merely providing a platform to market and sell the Assets for You. No title, copyright or intellectual property rights are transferred or granted in any way to Pixlr Market or any third-party.

  3. Tax Liability: You warrant that You shall be responsible for any income and all tax declarations as required in Your country of residence. Pixlr Market shall not be held responsible for any tax issues pertaining to Earnings paid out to You.

  4. No IPR Infringement: You represent and warrant that Your Assets does not, in any way and in any territory worldwide, infringe the copyright, trademark, IPR, performers’ rights, audio/voice release rights, production rights, privacy rights, publicity rights, trade secret, confidentiality or any other proprietary right of any party or third-party. You agree that You may not Upload any Assets which infringes any IPR and You have the duty and obligation to notify Pixlr Market of any such infringement (or possible infringement) and to take all steps to prevent any infringement of such IPR. Pixlr Market reserves the right to remove from the Website and the Distribution Network any Assets which infringes (or which Pixlr Market believes may infringe) any IPR with or without notice or reference to You.

  5. No Immoral Assets: You represent and warrant that Your Assets does not involve any illegal or immoral activities such as child abuse or exploitation, invasion of privacy or elements which are pornographic, offensive, politically endorsing, racist, ethnically or culturally offensive, obscene or indecent, sexually explicit, defamatory, intrusive of privacy or which endorses violence or acts of terrorism, is discriminatory towards race, gender, religion, faith or sexual orientation.

  6. Personal Account: You undertake to use the Pixlr Market account only for Yourself and no third-party shall have access to Your account. Any losses and damages arising from unauthorized access shall be Your sole liability / responsibility.

  7. Right to Grant: You represent and warrant that You have all unconditional and irrevocable authority, right, title and ownership in granting all the rights in this Agreement to Pixlr Market in relation to Your Assets.

  8. Creation Expenses: You represent and warrant that other than the Earnings, there are no other fees, expenses, claims, damages or royalties payable or which may be payable to You (or any person involved in the creation of the Assets Uploaded by You) (“Creation Expenses”) by Pixlr Market and the Pixlr Market Parties, as a result of the licensing or use of the Assets pursuant to the terms and conditions of this Agreement, and that any entitlement to Creation Expenses however and whenever arising is hereby waived by You unconditionally. You further represent and warrant that all Creation Expenses payable to persons involved in the creation of the Assets Uploaded by You have been paid by You in full and that if, for any reason, such Creation Expenses remain outstanding or arise, You shall be fully responsible for such sums.

  9. Virus/Malware: You warrant and represent that You will not introduce or transmit to the Website, and Your Assets does not contain any material or program of any kind that contains any virus, trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which might or will overburden, impair or disrupt the Website or servers or networks forming part of, or connected to, the Website, or which does or might restrict or inhibit any other user's use and enjoyment of the Website.

  10. True Information: You represent and warrant that all registration information, documents and identification provided by You are true, accurate, up to date and not misleading, and that You shall update such information to the Website/Pixlr Market as changes occur.

  11. Society Membership (applicable to Audio Asset only): You represent and warrant that there are no royalty payments which are payable or may be payable to any of the Collection Societies in relation to any Audio Asset contributed / Uploaded by You, and that You are not a member of any of these Collection Societies. If You are a member of a Collection Society, You are NOT eligible to sign up as a Pixlr Creator or directly or indirectly contribute or Upload any Audio Asset to the Website, or any sites operated within the Distribution Network. If You intend to join a Collection Society, You must inform Pixlr Market before doing so and take steps to terminate this Agreement pursuant to the terms herein.
13.  Term and Termination
  1. Term: This Agreement is effective until terminated. Either party may terminate this Agreement by giving thirty (30) days prior written notice to the other party.

  2. Immediate Termination: Either party may terminate this Agreement effective immediately if:

    1. the other party becomes insolvent or is subjected to bankruptcy; and/or
    2. the other party is in breach of this Agreement.

  3. Survival Rights: Termination will not affect the validity of any licensed Assets prior to the termination. Such licenses granted prior to termination will continue in full force and effect according to their terms.

  4. Effect of Termination: Within a reasonable time after termination of this Agreement, Pixlr Market shall delete all digital files representing the Accepted Assets and withdraw the availability of such files for search and licensing from all Distributors databases and repositories.

  5. Post-Termination / Assets Removal Licensing: Notwithstanding Clause 13(d) above, Pixlr Market may retain digital files of the Assets in its back-up media up to ninety (90) days after termination or removal of the Assets by You. Pixlr Market reserves the right to pursue and close previously quoted transactions prior to the termination and conclude the sale before the next payout date. All Earnings due to You as a result of the sale after the termination shall be paid out in full.

  6. Outstanding Earnings due to Termination: Pixlr Market may deem this Agreement to be terminated and reserves the right to off-set, forfeit or freeze any part or all Earnings due to You if there has been any material misrepresentation made as to the warranty, capacity, identity or copyright ownership of Assets provided to Pixlr Market or the Website hereunder.
14.  Force Majeure
It is mutually understood and agreed that neither You nor Pixlr Market (including Pixlr Market Parties and the parties in the Distribution Network hereto) shall be held responsible for damages caused by the delay or failure to perform any of its obligations under this Agreement, when such delay or failure is due to fires, explosions, floods, storms, strikes, labor trouble, riots, epidemic, legal acts of the public authorities, delays or defaults caused by public carriers which cannot reasonably be forecasted or provided against, change of government or political power, war (declared or undeclared), embargos, blockades, legal restrictions, insurrections, acts of God or any other cause similar thereto which is beyond the control of the parties herein.
15.  Governing Law and Dispute Resolution
This Agreement shall be governed by, and shall be construed in accordance with, the laws of Hong Kong. Any dispute, controversy or claim arising out of or relating to this Agreement, including validity, invalidity, breach or termination thereof, shall be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one (1). The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
16.  Language
This Agreement was originally written in English and may be subsequently translated into other languages. In case of inconsistency between the English version and the translated version, the English version shall prevail.
17.  Time of the Essence
Time wherever referred to in this Agreement shall be of the essence.
18.  Entire Agreement/Severability/Waiver
This Agreement constitutes the entire Agreement between You and Pixlr Market regarding this subject matter and supersedes any prior agreements with respect to the subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intention(s). Failure by Pixlr Market to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
19.  Successor and Assignment
  1. This Agreement shall remain valid and binding throughout the duration of this Agreement on the parties herein including their successors in title and permitted assigns.

  2. Pixlr Market shall be free to assign this Agreement and/or any of its rights or obligations under this Agreement to any party without notice to You.

  3. You may only assign this Agreement and/or any of its rights or obligations under this Agreement upon obtaining a prior written consent from Pixlr Market.
20.  Modification
Pixlr Market reserves the right to modify these terms at any time and to notify You by email or to display the modified terms on the Website.
21.  Acknowledgment of Acceptance
By clicking the “I Agree” button, You acknowledge that You have read, understood and have accepted the terms of this Agreement, and have had the opportunity to seek prior legal advice and agree to abide by and be bound by the terms and conditions as set forth in this Agreement.
1.  Acceptance of these Terms of Use
By using or visiting the Pixlr website located at https://pixlr.com (“Pixlr”) or any Pixlr products and services provided to You from or through the Pixlr website (including Pixlr Market) or our online tools services such as Pixlr Pro, Pixlr Express, Pixlr X, Pixlr Editor and such other products and services that may be introduced from time to time (collectively the “Services”). You signify Your agreement (whether on behalf of Yourself or the entity that You represent) to the terms and conditions (“Terms of Use”) herein and Pixlr’s Privacy Policy, Pixlr’s Cookie Policy, and the Pixlr’s License and Services Agreement which are incorporated herein by reference.

If You do not agree to any of the terms in these Terms of Use, please do not access and/or use the Services.

You may not access or use the Services if You are not at least the legal age of Your country’s residence.

Pixlr may, in its sole discretion, modify or revise these Terms of Use at any time, and You agree to such modifications or revisions by Your continual usage of the Services. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
2.  Services
These Terms of Use set forth the legally binding terms and conditions that apply to all users of the Services, including users who contribute contents on the Services.
3.  Accounts
In order to use certain features of the Services, You will need to register for an account (“Account”) and provide accurate and complete information. You represent that (a) all information submitted by You is truthful and accurate; and (b) You will maintain the accuracy of such information. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure. You must immediately notify Pixlr of any unauthorized use of Your Account or any breach of security. Pixlr will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for the losses of Pixlr due to such unauthorized use.

You may delete Your Account at any time, for any reason, by following the instructions on the Service. Pixlr may terminate Your Account in the event You have breached these Terms of Use.
4.  Access to the Services
Pixlr hereby grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Services, provided that:

  1. You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Services, or any content displayed on the Services without Pixlr prior written authorization;
  2. You shall not modify or alter any part of the Services;
  3. You shall not access the Services through any technology or means other than the technology provided on the Services, or other authorized means Pixlr may designate; and
  4. You shall not sell access to the Services, or sell advertising, sponsorships or promotions within the Services of the content on the Services without Pixlr’s prior written approval.

Pixlr reserves the right at any time, to modify, suspend or discontinue the Services with or without notice to You. You agree that Pixlr will not be liable to You or to any third party for any modification, suspension or discontinuation of the Service. You further agree that Pixlr will have no obligation to provide You with any support or maintenance in connection with the Service.

Unless otherwise indicated, any future release, update or other added functionality of the Services shall be subject to these Terms of Use.

You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Services in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their content on the Services.
5.  Subscription
Certain Services may be provided to You free-of-charge from time to time. Other Services require payment before You can access them. For example, the Services that may be accessed after payment are currently referred to as Pixlr Market and other products as may be introduced by Pixlr from time to time (“Paid Services”) which is subject to a payment of fee(s) as may be determined by Pixlr from time to time (“Fee”) which shall be made via credit card or such other payment method as accepted by Pixlr (“Payment Method”). Pixlr shall reserve the right to introduce further Paid Services from time to time at its own discretion. All Fees are quoted in United States Dollar (USD) unless otherwise specified by Pixlr. The Fee is exclusive of all taxes, which shall be borne by You.

The subscription to the Paid Services is based on an auto-renewal basis whereby it will automatically be renewed upon the end of the application subscription period (i.e. monthly basis or annual basis) corresponding to the term of Your subscription.

If we offer You a promotion (e.g. a promotional price) for Your subscription for the Paid Services, the specific terms of the promotion will be disclosed during Your sign-up or in other materials provided to You describing the particular promotion. In the case of promotional pricing, after Your promotion ends, we will begin billing You the regular price after the promotion ends unless You cancel prior to the end of the promotion or unless otherwise disclosed in communications made available to You.

We reserve the right to change, amend, modify or vary the price, package and/or features of the Paid Services subscription plan(s). If we change the price and package of such subscription plan(s), we will give You notice in advance of these changes.

We will use all reasonable effort to ensure that the pricing and information for our Services stated therein are accurate, however, there are possibilities due to genuine error that the information of our Service may be inaccurate or any of our Service may be priced wrongly. If such situations may arise, we reserve the right to take any appropriate action we deem necessary to rectify the same.
6.  Cancellation of Subscription and Account Deletion
  1. Cancelation of Subscription

  2. You can cancel Your subscription to the Paid Services at any time, and You will continue to have access to the Paid Services through the end of Your billing period. To the extent permitted by the applicable law, payments are nonrefundable, and we do not provide refunds for any unused Paid Services.

    For cancellation purposes, You may cancel Your subscription by going to “My Account” and following the instructions as stated therein.

  3. Account Deletion

  4. You may also delete Your account by going to “My Account” and following the instructions for the deletion of Your account.

    Upon the closure of Your Account and under Your specific instruction for data erasure, we shall take all reasonable efforts to erase all data related to Your Account. We reserve the right to retain any data necessary under the applicable laws.

    Upon cancellation or discontinuance of Your subscription and account, You may continue to use any work previously produced, created or reproduced by You via the Services as of the date of cancellation or discontinuance, provided always that such use must be in compliance with these Terms of Use, the Licensing Agreement and any other relevant licensing agreements as may be imposed by us from time to time.
7.  Ownership
You acknowledge that all trademarks, service marks, copyrights and logos (“Marks”) on the Services are owned by Pixlr or licensed to Pixlr. Neither these Terms of Use nor Your access to the Service transfers to You or any third party any rights, title or interest in or to such Marks, except as otherwise provided in these Terms of Use.
8.  Your Content
Your Content” means any and all information and content that You submit or use with the Services (including content found on Your profile or posts) and any derivative works which You have produced through the use of the Services.

As the Account holder, You may submit Your Content on the Services. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.

You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant Pixlr an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sublicences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. You also agree that Your Content may be retained by us for a reasonable period of time for the purposes of: (i) improving or enhancing Pixlr products and the Services to You; (ii) analysing and measuring the effectiveness of Pixlr products, the Services (including our mobile applications); (iii) fulfilling contractual obligations; and for the (iv) compliance with legal obligations.

You further agree that Pixlr is not responsible for the accuracy, currency, suitability, or quality of any user Content, whether provided by You or by other users. Any interaction between users are solely within the users and Pixlr will not be responsible for any loss or damage incurred as the result of such interactions.
9.  Third Party Links and Advertisements
The Services may contain links to third party websites and/or advertisements for third parties. These websites and advertisements are not owned or controlled by Pixlr and Pixlr assumes no responsibility for the content, privacy policies, or practices of these websites and advertisements. In addition, Pixlr will not and cannot censor or edit the content of any third-party website. By using the Services, You acknowledge and agree that Pixlr shall not be responsible for Your use of any third-party website. Your use of all third-party websites and advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third-party websites and advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such websites and advertisements.
10.  Intellectual Property Rights
You further agree that You are obtaining only a limited license to use and access the Service expressly set forth in these Terms of Use and that no ownership rights are being conveyed to You. Pixlr retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services, all related and underlying technology and documentation, and any derivative works or modifications. Further, You agree that the Services is offered as an on-line, hosted solution, and that You have no right to obtain a copy of any code underlying the Services. You may submit comments, questions, suggestions or other feedback relating to Pixlr (“Feedback”) and You agree that Pixlr may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions You provide to Pixlr regarding the Services, without any obligation, royalty or restriction based on intellectual property rights or otherwise.
11.  Copyright Infringement
If You are a copyright owner or an agent thereof and believe that any Content on our Services infringes upon Your copyright and wish to have the alleged infringing material removed, You may submit a notification to us with the following information in writing at legal@pixlr.com:
  1. a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
  4. Information to enable us to contact You, such as an address, telephone number or email address;
  5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. a statement that the information submitted in the notification is accurate, and under penalty of perjury, that You are the copyright owner or a person authorized to act on behalf of the copyright owner.
12.  Aggregated Anonymous Data
Notwithstanding anything to the contrary herein, You agree that Pixlr may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Services, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Services, and/or the development of other products or service capabilities. You further agree that Pixlr may disclose to third parties aggregate data derived from customer data or from any other data related to the Services (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws. Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by Pixlr from or with use of such data will be, in each case, the sole and exclusive property of Pixlr; and You hereby assign all of Your title and interest, if any, in and to such items to Pixlr without any fees and without rights to future royalties.
13.  Account Termination Policy
Subject to this section, these Terms of Use will remain in full force and effect while using the Services. Pixlr will terminate Your access to the Services if, under appropriate circumstances, You are determined to be a repeat infringer.

Pixlr reserves the right to decide whether Your Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. Pixlr may at any time, without prior notice and in its sole discretion, remove such content and/or terminate Your Account for submitting such material in violation of these Terms of Use.
14.  Warranty Disclaimer
ALL PIXLR WEBSITE, CONTENT, TOOLS AND/OR SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PIXLR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PIXLR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PIXLR WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE PIXLR WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. PIXLR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PIXLR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE PIXLR WEBSITE AND/OR SERVICES, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.
15.  Limitation of Liability
IN NO EVENT SHALL PIXLR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT PIXLR SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
16.  Indemnity
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Pixlr, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) Your use of and access to the Services; (ii) Your violation of any of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Your violation of applicable laws or regulations; or (v) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms of Use and/or Your use of the Services. Pixlr reserves the right to assume the defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.
17.  Assignment
The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Pixlr without restriction.
18.  Governing Law and Dispute Resolution
This Agreement shall be governed by, and shall be construed in accordance with, the laws of Hong Kong. Any dispute, controversy or claim arising out of or relating to this Agreement, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
19.  Entire Terms
These Terms of Use constitutes the entire agreement between You and Pixlr regarding its subject matter. Should any provision of these Terms of Use be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms of Use will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision.
20.  Severability
Unless as otherwise stated in these Terms of Use, should any provision of the these Terms of Use be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Use, and the application of that provision shall be enforced to the extent permitted by law.
20.  Language
These Terms of Use is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms of Use, the English version shall prevail.
21.  Language
These Terms of Use is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms of Use, the English version shall prevail.
22.  Electronic Communications
You agree that the communications between You and Pixlr uses electronic means. For contractual purposes, You (a) consent to receive communications from Pixlr in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pixlr provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.
We hereby inform you on Our current policies and practices applicable to the processing of your personal data (“Personal Data”) collected by 123RF Limited (“123RF”, “Our”, “We” or “Us”) through the website https://pixlr.com (the “Website”).
Essential Information
Pixlr (https://pixlr.com) is the Website being operated by 123RF.

For any general queries you may contact Us at: info@pixlr.com.
What does this Privacy Policy cover?
This Privacy Policy generally describes, inter alia, the Personal Data We may collect from you, the processing of such Personal Data and your rights in relation thereto.
Information We may collect from you
The term Personal Data refers to the data you provide to Us through the Website and may vary depending on the type of relationship you have with Us. Personal Data include:
Browsing data
The information systems and software procedures used to operate this Website acquire personal data as part of their standard functioning. The transmission of such data is an inherent feature of Internet communication protocols. This data category includes, among other things, the IP addresses and/or the domain names of the computers and terminal equipment used by any user, the location of the devices, the URI/URL (Uniform Resource Identifier/Locator) addresses of the requested resources, the time of such requests, the method used for submitting a given request to the server, returned file size, a numerical code relating to server response status (successfully performed, error, etc.) and other parameters related to the users’ operating system and computer environment.
Registration profile
If you decide to create an account on the Website, you may be required to provide Us your Personal Data such as name, username, e-mail address and billing address with the submission of the registration form. You may also include additional Personal Data such as surname, address, telephone number and date of birth.

If you decide to create an account through your existing profile in a social network (e.g., Facebook), you may be required to share Personal Data such as information of your public profile, (including name, surname and image) and e-mail address.
Financial information and billing details
If you purchase or subscribe any of Our products and/or services, you will also be required to provide Us Personal Data related to payments and billing, including name, surname, address, zip code, telephone number, e-mail address, billing address, as well as credit card details, or PayPal account or bank details. We do not store credit card details or PayPal account or bank details. Upon the completion of the purchase of Our products and/or services, We collect transaction details from the payment gateway provider only.
Details under the “Contact Us” section
When you contact Us through the Website, you may be required to provide Us your Personal Data such as name, email address and, at your own discretion, other information you decide to share with Us, that We may collect from you.
Cookies
We use cookies and similar technologies or tools to collect information about your activities on Our Website, including to use social media features or services on Our Website which may enable you to connect with Our social media page or share any promotional activities with your friends and social networks. Detailed information on the cookies We use and the purpose for which We use them are set out in Our Cookie Policy.
How do We use your information and why?
Your Personal Data will be collected and processed for the following purposes:

Categories of data:Purposes of processingLegal basis:
Browsing dataTo extract statistical information on service usage (most visited pages, visitors by time/date, geographical areas of origin, etc.) and to check the functioning of the services.Legitimate interest of the data controller to analyse and improve the performance of its services and to prevent crimes and frauds
Registration/creation of the profileTo process the creation of your account and profile on the Website and to provide or allow you to access certain areas, functions (e.g., processing the contents submitted by you and displaying your contents on Our Website) and features of Our Website.Consent
Biographical data, financial information and billing detailsTo provide you with the products and/or services you purchased or subscribed to, as well as processing transactions and payments in connection therewith.Execution of the agreement
For administrative purposes connected with the performance of the commercial relationship with you or the fulfillment of legal requirements (e.g., accounting or tax requirements) or for complying with any requests from the competent authorities.Compliance with a legal obligation to which We are subject or, in the event there is no such legal obligation, Our legitimate interest to keep adequate records in connection with the execution of the commercial relationship
To share the Personal Data with the relevant holding company, subsidiaries and related companies of 123RF (“Group Companies”) (within/outside the European Economic Area (EEA)) for internal administrative and accounting purposes.Legitimate interest for transmitting Personal Data within the group of undertakings for internal administrative purposes, including the processing of customers’ Personal Data
Account and contact detailsTo contact you with information about current or new products, commercial opportunities, promotions and services or events sponsored by us that may be deemed to be of interest to you, as well as to verify customer satisfaction and to carry out market researches, analysis and surveys, and also to allow you to participate into prize contests, rewards, trips and/or receive gifts.Consent/Processing in furtherance of Our legitimate interests (including, administering Our operations, promotions and providing you with requested product or service information
To respond to your queries and questions and to provide any information you require (e.g., information and suggestion about products) in the “Contact Us” section.Consent


The submission of your Personal Data is not mandatory. Any refusal to provide the consent will not have any effect other than Our inability to provide you the products and/or services. In such situation, We shall not be liable for any losses, liabilities and damages whatsoever and howsoever arising thereof. At any time, you have the right to withdraw your consent.
Information We may share and data recipients
Your Personal Data is processed by Our personnel and, if necessary or functional to fulfilling the purposes indicated above, your Personal Data may be processed by third parties that may be appointed by Us as data processors.

The categories of recipients to whom your Personal Data may be disclosed to as follows:
  1. third-parties such as (i) IT providers; (ii) financial institutions or payment gateway providers in connection with the processing of financial and payment information; (iii) marketing agencies to carry out marketing campaigns, surveys and promotions; (iv) legal, accounting, tax, labour consultants and other professionals; (v) other Inmagine Group companies including Our parent company and its subsidiaries, and
  2. public entities and authorities, for the purpose of fulfilling legal and regulatory obligations.

Under certain circumstances, your Personal Data may be transferred to other Inmagine Group’s companies outside to the European Economic Area (EEA). In such cases, We ensure that We have adopted appropriate safeguards, including binding corporate rules or standard data protection clauses adopted by the European Commission, in order to guarantee the data subjects with an adequate level of protection.
Retention of your Personal Data
Data are retained as long as necessary for the performance of the services provided by the Website and to comply with legal obligations (including, auditing or taxation purposes), to meet regulatory requirements, resolve disputes, maintain security, and/or to prevent frauds and abuse.

In relation to Personal Data of your profile, We will retain the same as long as your account with Us is still active. If you choose to close the account or if your account is closed, We will take all reasonable steps to ensure that all Personal Data is destroyed or permanently deleted if it is no longer required for the purpose for which it was to be processed and your Personal Data and information will be deleted within sixty (60) days thereafter . This is without prejudice to Our right to retain the information (such as username and transaction details) to comply with legal obligations, prevent frauds and protect Our legal interest.

In case you have given your consent to receive information on Our marketing activities, your Personal Data will be retained for a reasonable period or not more than two (2) years after each collection/interaction.
Security
We treat the security for all information submitted or provided by you to Us seriously and is of importance to Us. We will take reasonable steps to protect or secure this data, including Personal Data. Accordingly, We may require Our employees or third-party service providers to assist Us in implementing or applying appropriate securities measures (such as firewalls, penetration testing and etc). You are also advised not to disclose and secure your own username and password.
Your Rights
You have the right to obtain from Us confirmation whether your Personal Data are being processed by Us, and, in said circumstances, you have the right to request access to and rectification or erasure of the same or restriction of processing, on payment of a prescribed fee, and to object to the processing at any time, as well as under certain circumstances the right to data portability. With respect to the data portability, you have the right to receive your Personal Data in a structured, commonly used and machine-readable format and to request the transmission of said data.

If you have subscribed to or opted-in to receive Our marketing communications you can opt-out at any time, requesting that your Personal Data not be used for marketing purposes.

You may exercise any of the above rights by contacting Us at info@pixlr.com.

In the event of a breach of applicable EEA data protection laws you have also the right to file a complaint with the competent data protection authority.
Links to Third Party Website(s)
Our Website or any products/services being rendered to you may contain links to other websites that are not operated by Us and whose privacy practices may differ from Us. If you click on a third-party link, you may be directed to the thirdparty website. Any submission of your Personal Data to any of those third-party websites will be governed by the relevant third-parties’ privacy policies. We have no control and shall not assume any responsibilities howsoever arising thereof and We strongly advise you to carefully read the privacy policies prior to the disclosure of any information.
Advertising
We may, from time to time, partner with a third party to display Our or a third party’s advertisement(s) on Our Website or engaging third party to manage Our advertising on Our Website. For more detailed information, please refer to Our Cookie Policy.
Mobile Applications or Mobile Website
We may provide Our products or services to you via our mobile applications or mobile website that is designed to be used on mobile computing devices (the “Applications”). You may be required to log in to Our mobile applications or mobile website with your username and password in order to allow you to associate with the user account you have created on Our Website. The processing of Personal Data information therein will also be governed in accordance with this Privacy Policy and Our Cookie Policy.
Contact Us
If you: (i) have any questions, queries, inquiries or comments on Our Privacy Policy; (ii) have any concerns about how We process your Personal Data; (iii) would like to opt out of direct marketing activities; (iv) would like Us to update information or preferences you have provided to Us; or (v) have any other issues relating to this Privacy Policy, you may get in touch with us at info@pixlr.com.
Changes to this Privacy Policy
We will keep this Privacy Policy under regular review, and We may update this Privacy Policy from time to time. The updated version shall apply and supersede all previous versions. Hence, it is advisable that you check this Privacy Policy on a regular basis.

Last updated: 9 October 2019
Pixlr (“Pixlr”, “we” or “us”), as data controller, uses Cookies to improve and tailor your online experience on https://pixlr.com (the “Website”).
a.  What are Cookies and how do they work on our Website?
Cookies are small bits of text that are downloaded to the devices you use to receive our content, products and services and access online information (“Cookies”). Your browser makes these Cookies available every time you visit the Website again, so it can recognise you and can then tailor what you see on your device.

Pixlr uses the following Cookies on this Website:
  1. Session Cookies and Persistent Cookies
    1. Session Cookies are temporary cookie files that reset after you close your browser. The Website will not recognize you when you restart your browser and go back to the site that created the cookie. Session Cookies will store your browsing information and are active only from the moment you open the site until you leave it and close your browser.
    2. Persistent Cookies (known also as “stored Cookies”) are files that are stored on your hard drive when you visit the Website. The cookie will remain on your hard drive until it reaches expiration date.

  2. First-party Cookies and Third-party Cookies
    1. First-party Cookies are those set by the website that is being visited. Third-party Cookies are Cookies that are set by a domain other than that of the website being visited by the user.
    2. Pixlr may use third-party analytics Cookies that allow us to improve our Website and services, through the analysis of the users’ activity.
    3. Pixlr may use third-party marketing Cookies in order to monitor your browsing activity on the Website.
b.  What do we use Cookies for?
The use of Cookies on our Website is broken down into four (4) categories and are primarily used for the purposes described below:
  1. Strictly Necessary Cookies
    The use is essential for the basic functions of the Website or to provide the content, product or service which is requested by you.

    If these Cookies are not in place, the requested content, products or services asked for will not be able to be provided.

    An example of this would be keeping yourself logged in after you have signed up to an account with us. If the Cookies are not provided you will need to log in during each visit.

  2. Functionality Cookies
    The use improves your browsing experience.

    Functionality Cookies allow the Website to remember preferences and choices you make, such as your language or region.

    Some examples include but are not limited to the below:
    1. remembering your marketing and advertising preferences, such as choosing whether you wish to receive marketing and advertising information; and/or
    2. remembering if you have been to the Website before.

  3. Third-party Analytics Cookies (Google Analytics)
    This Website uses Google Analytics, a service of web traffic analysis designed by Google, Inc. (“Google”). Google Analytics uses Cookies in order to analyze aggregate usage and volume statistical information on

    how the users are browsing our Website, with the objective of interpreting and optimizing the Website’s performance. Google collects information on users’ activity including page views, the site path of users, source and time spent on the Website.

    For more information on the Privacy Policy provided by Google with regard to the Google Analytics service you may visit https://www.google.com/analytics/learn/privacy.html. You may find more detailed information regarding Google’s data protection policies on the website https://policies.google.com/privacy.

  4. Advertising and marketing Cookies
    We may allow our business partners to use Advertising Cookies or other similar technologies on the Website to serve you with advertisement that may be relevant to you or your interests.

    Marketing Cookies aim at creating profiles of the users and thereby to send advertising messages in line with the preferences shown by the users during their navigation on the Website and/or other websites and applications. Such preferences derive from the analysis of the behaviour of users to build a profile which is combined with the cookie in order to allow adds and advertisements to be tailored to the user’s presumed preferences or other targeted contents. The information is collected by referencing to the Internet Protocol address (IP) of the users, so they do not identify you personally, even if they may include information about the country and city you are in, together with the details of your internet service provider.

    The information collected may include users’ behaviour, such as pages visited, emails clicked, forms completed, and products and services purchased to create customized advertisements and communications that better meet your needs, as well as to compile activity reports.
c.  How do I control the use of Cookies? (Opt-in and Opt-out)
Third-party analytics Cookies and marketing Cookies can be installed only with your prior consent. You may give your consent and accept the Cookies through the banner displayed in the homepage of our Website. In the event you do not accept third-party analytics Cookies and marketing Cookies, this does not mean you will stop seeing advertisements, but you will see advertisements which will not be relevant or targeted to you based on your browsing behaviour.

Your prior consent is not mandatory for the use of strictly necessary and functionality Cookies since they are considered “technical Cookies”. At any time, you may disable Cookies by changing your browser’s settings. As technical Cookies allow you to access some of our Website’s features, you should be aware that if these Cookies are disabled, you may experience reduced functionality or be prevented from using this Website.

As to Google Analytics Cookies, you can opt out using the tool made available by Google at https://tools.google.com/dlpage/gaoptout.

It may also be possible for you to disable Cookies by configuring your browser settings to enable acceptance of specific Cookies or to notify you each time a new Cookie is about to be stored on your computer thus enabling you to decide whether to accept or reject the Cookie. You can manage your use of Cookies through your browser’s settings.

You can find here below the links to the instructions of the most common browsers:

  1. Explorer;
  2. Chrome;
  3. Firefox; and/or
  4. Safari
d.  Web Beacons and Pixel Tags
In addition to Cookies, Pixlr and some third parties may also use web beacons and pixel tags on websites. A web beacon is usually an electronic graphic image embedded into a website or email to identify your device cookies when you browse the website or email. Pixel tags allow Pixlr to send emails in a way that is readable to you and find out whether an email is opened.

Pixlr and some third parties may use these technologies for various purposes, including analysing service usage (together with Cookies) and providing more satisfactory content and advertisements to you. For example, when you receive an email from Pixlr, it may contain a click-through URL which links to a Pixlr web page. If you click the link, Pixlr will track your visit to help us learn about your preferences for products and services and improve our customer service. You can unsubscribe from the mailing list of Pixlr at any time if you do not want to be tracked in this manner.
e.  Will this Cookie Policy change?
We reserve the right to change the terms of this Cookie Policy at any time when necessary to reflect changes in our use of the same, how we process Personal Data, or applicable law. When we make changes, we will revise the “last updated” date at the bottom of the policy. If there are material changes to this statement, we will provide notice or obtain consent regarding such changes as may be required by law. We encourage you to review this Cookie Policy whenever you visit the Website.
f.  Privacy Policy and Contact Information
More information on the processing of your Personal Data, including the exercise of your rights and our contact details, are available in our Privacy Policy. If you have a privacy concern, complaint, or question, you can contact us by sending in your query to info@pixlr.com.


Last updated: 3 October 2019