1. Our Purpose
Our Services offer customers professionally designed and developed web sites based on a selection of one or more templates. The Services also may include registrarial, hosting, promotional, and analytical activities involving those sites and other web pages associated with customers' businesses.
2. Your Content
When you upload content to a Pixel Canopy site, you still own it. This includes designs, images, text, code, video, audio, and any other materials. You do, however, give us permission to use the content in ways necessary to provide our Services.
Any data generated by your site and stored in your site's database is also yours. This includes user sign up information, posts and comments generated by you or your site's users, and any data saved by 3rd party plugins to your sites database. You also give us permission to access this data in ways necessary to provide our Services.
When you upload content to a Pixel Canopy site you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
You are responsible for the content you upload to your Pixel Canopy site and for the content you publish. Only use content that you own or have received permission to use. Make sure the content you upload does not violate our Acceptable Use Policy. By operating the Services, we don't represent or imply that we endorse your content provided therein, or that we believe such content to be accurate, useful or non-harmful. We're not a publisher of, and we're not liable for, any content uploaded, posted, published or otherwise made available via the Services. You're responsible for taking precautions to protect yourself, and your computer or network, from content accessed via the Services.
3. Our Templates
The content in our example templates is for our use only. You agree that you will not distribute, publicly display, publicly perform or otherwise publish any of the content from our example templates without our written permission.
4. Third Party Services
The Services are integrated with various third party services, applications, and sites (collectively, "Third Party Services") that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we're not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time, in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We're not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill, or other intangible losses you may experience as a result thereof (except where prohibited by law).
The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don't control and aren't liable for those sites.
5. Our Rights
In order to protect ourselves and all our customers, we reserve the following rights: (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
6. eCommerce Sites
Pixel Canopy offers services to help customers sell products or collect donations through a web site. We are not liable for how you conduct your business. You may not offer or sell any products or services which, in our sole discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; (c) violate our Acceptable Use Policy; or (d) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.
The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, "Your eCommerce"). We're not a party to, and we aren't liable for, Your eCommerce. You're solely responsible for Your eCommerce, and compliance with any laws or regulations related thereto, including without limitation the following: taxes, order fulfillment, delivery, claims and warranties, customer service.
To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors ("eCommerce Payment Processors"). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors' terms and policies. We don't control and aren't liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are Third Party Services, as defined in Section 4.
You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.
7. Domain Name Registration
We work with third party registrars to provide you with domain services. When you register a domain name, or renew or transfer an existing domain name, via the Services, you become bound by the relevant registrar's terms and conditions, which are incorporated by reference into this Agreement.
Your use of our domain services is subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers ("ICANN").
If within the first sixty (60) days of your first paid use of our Services you are unsatisfed, we will refund you the full amount of the hosting and customization fees we have collected from you.
We will not refund you any domain name registration fees. Additionally, a domain name may not be transferred for the first sixty (60) days following registration.
9. Term and Termination
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact us or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms or our Acceptable Use Policy. All sections of this Agreement that by their nature should survive termination shall survive termination.
10. Warranty Disclaimers
Pixel Canopy makes no warranties, either express or implied, about the Services. The Services are provided "as is." Pixel Canopy also disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from Pixel Canopy shall create any warranty. Pixel Canopy makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
11. Limitation of Liability
In no event will Pixel Canopy be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access, or use the Services or any portion thereof, including without limitation interruption of, use, or cessation, or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive, or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Pixel Canopy has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
You agree to indemnify and hold harmless Pixel Canopy from and against all damages, losses, and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.
13. Waiver, Severability, and Assignment
Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
14. Terms Modifications
We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we'll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.