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 thirty (30) days of your first paid use of our Services you are unsatisfed, we will refund you the full amount of the subscription 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. Subscriptions and Billing
By providing a credit card or other payment method accepted by Pixel Canopy ("Payment Method") for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional Services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Pixel Canopy Site and viewing your account details. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the Pixel Canopy Site and view your account details.
We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial. Where applicable, charges may be prorated for any partial month of service. The interval of time between each recurring payment due date shall correspond to the term of your subscription and be referred to herein as a "Billing Period." In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.
If we offer you a promotion (e.g., a promotional price) for your subscription, 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, we will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.
Pixel Canopy reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If Pixel Canopy changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.
Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the default Payment Method as indicated on your account page. In the event that you modify your subscription to switch from one Service to another Service during your Billing Period, you may not have continued access to your original Service. If you cancel your subscription, cancellation will be effective at the end of the current Billing Period - this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service, referral, or redeemed gift card credits upon cancellation. You can cancel your subscription by emailing email@example.com or calling (424)501-4372.
It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
In the event of a failed attempt to bill your Payment Method, you will have 3 weeks to provide a valid Payment Method, after which your subscription will be put on hold. Any sites associated with the subscription will be suspended until payment is received. A restart fee equal to the cost of the subscription for one billing period is required to remove the hold. Additionally, if more than one billing period has passed since the original failed billing attempt, the next billing period's subscription fee is also required to remove the hold.
10. Free Trial
Customer will receive a 30-day free trial on their first subscription. Once your free trial period ends, we will begin billing your Payment Method for your periodic subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer. For existing subscribers who accept a free trial to a Service, at the end of the free trial, you may be charged a prorated amount for the Service to cover the period between the date the free trial ends and your next Billing Period begins.
It is very important to understand that you will not receive a notice from Pixel Canopy that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You may cancel your subscription at any time by emailing firstname.lastname@example.org or calling (424)501-4372. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Pixel Canopy will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
11. 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.
12. 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.
13. 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.
15. 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.
16. 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.