1. Intellectual Property Rights
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Pixels Studio, LLC, a limited liability company organized under the laws of the state of [Your State] (“Pixels Studio”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Pixels Studio’s website: https://www.pixelsstudio.com (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. By accessing or using the Website, you agree to adhere to all of the terms, conditions, and obligations contained herein. If you do not agree with these Terms, you must discontinue use of the Website immediately. Your continued use of the Website constitutes your acceptance of these Terms and Conditions.
2. Ownership of Materials
All design work and original source files created by Pixels Studio on behalf of the Client (“Projects”) are owned by the Client upon full payment. The Client shall be the sole owner of the copyright for all Projects. In the event that any law would otherwise assign ownership of a Project to Pixels Studio, Pixels Studio irrevocably assigns its entire interest in the Project to the Client. The Client warrants that all materials provided to Pixels Studio are owned by the Client and do not infringe upon any third party’s rights, including intellectual property rights. Unless otherwise agreed, Pixels Studio reserves the right to showcase the design work in its portfolio, social media, or website, as described in Section 18.
3. Third-Party Fonts
If any Project incorporates fonts that require a commercial license, Pixels Studio will notify the Client in writing, specifying the necessary licenses and where to obtain them. The Client assumes full responsibility for acquiring the required licenses. Pixels Studio shall not be liable for any legal consequences resulting from the Client’s failure to obtain the necessary font licenses.
4. User Representations
By using the Website, the Client represents and warrants that:
- The Client has the legal capacity and agrees to comply with these Terms of Use.
- The Client is not a minor in their jurisdiction of residence.
- The Client will not access the Website through automated or non-human means.
- The Client will not use the Website for any illegal or unauthorized purpose.
- The Client’s use of the Website will comply with all applicable laws and regulations.
5. Prohibited Activities
The Client agrees not to:
- Make unauthorized use of the Website.
- Attempt to bypass any security measures on the Website.
- Engage in any activity intended to harm or disrupt the Website or Pixels Studio’s services.
- Upload or transmit any harmful material, such as viruses or malware.
- Misuse the Website for any purpose other than the intended use of accessing Pixels Studio’s services.
- Disparage or harm the reputation of Pixels Studio.
- Use the Website to compete with Pixels Studio.
6. Client Feedback
Any feedback or suggestions provided by the Client (“Submissions”) shall be the sole property of Pixels Studio. Pixels Studio may use, modify, or share any Submissions without compensation or acknowledgment to the Client. However, ownership of Projects, as outlined in Section 2, remains with the Client.
7. Management and Oversight
Pixels Studio reserves the right to monitor the Website for compliance with these Terms and to take appropriate legal action in response to any violations. Pixels Studio also reserves the right to restrict or terminate access to the Website at its discretion, without notice or liability.
8. Privacy Policy
By using the Website, the Client agrees to be bound by Pixels Studio’s Privacy Policy. The Website is hosted in the United States, and any personal data submitted through the Website will be processed in accordance with U.S. data privacy laws. Pixels Studio does not knowingly collect personal information from individuals under 18 years of age.
9. Refund Policy
Pixels Studio handles refunds on a case-by-case basis. In the event that a refund is granted, any materials produced during the course of the Project remain the property of Pixels Studio and may not be used by the Client unless otherwise agreed. A cancellation fee of 25% may be applied to the remaining contract amount. Pixels Studio reserves the right to take legal action for any breach of this section.
10. Modification of Terms
10. Modification of Terms
Pixels Studio reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Continued use of the Website constitutes acceptance of any modifications to the Terms.
11. Interruptions in Service
Pixels Studio does not guarantee that the Website will always be available and free from interruptions. Pixels Studio is not liable for any issues, delays, or errors caused by factors beyond its control, including hardware or software failures.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of [Your State], without regard to conflict of law principles.
13. Dispute Resolution
Any legal disputes arising from the use of the Website or related to these Terms will be resolved in the state courts of [Your State] or the United States District Court located in [Your State]. Both parties consent to the jurisdiction and venue of these courts.
14. Disclaimer of Warranties
The Website is provided “as-is” without any warranty of any kind, express or implied. Pixels Studio disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pixels Studio makes no guarantees regarding the accuracy or completeness of any content on the Website.
15. Limitation of Liability
In no event shall Pixels Studio, its directors, employees, or agents be liable for any indirect, incidental, or consequential damages arising from the Client’s use of the Website or services, even if advised of the possibility of such damages. The Client agrees to indemnify Pixels Studio against any claims arising out of their use of the Website or breach of these Terms.
16. Electronic Communications
The Client agrees to receive electronic communications from Pixels Studio and acknowledges that all agreements, notices, and other communications provided electronically satisfy any legal requirements for written communication. The Client consents to the use of electronic signatures and records.
17. User Data
The Client is responsible for all data they transmit or submit via the Website. Pixels Studio assumes no liability for any loss or corruption of such data.
18. Showcasing Design Work
Unless otherwise agreed in writing, Pixels Studio reserves the right to display completed Projects on its Website, portfolio, and social media channels for marketing purposes. The Client may issue a Non-Disclosure Agreement (NDA) to prevent such usage.
19. Referrals
Pixels Studio may offer a referral program through a third-party partner. All referral tracking and payouts will be handled by the respective partner.
20. Miscellaneous
These Terms of Use represent the entire agreement between the Client and Pixels Studio. Any failure by Pixels Studio to enforce any right or provision shall not constitute a waiver. If any provision is found to be unlawful or unenforceable, the remainder of the Terms will remain in effect.
