1. Acceptance of these Terms of Use

By using or visiting the Pixlr Academy website(s) located at https://pixlr.academy or such other websites under Pixlr Academy which may be introduced from time to time (collectively known as “Pixlr Academy”) or any Pixlr Academy services provided to You from or through the Pixlr Academy website(s) or our services and such other products and services that may be introduced in the future (collectively the “Service(s)”), 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 the Privacy Policy and Cookie Policy 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 must be sixteen (16) years old or older to use or access the Services. If You are under sixteen (16) years old, Your use of the Services must be directly supervised by Your parent or guardian or another authorized adult (e.g. a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under sixteen (16) years old who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.

Pixlr Academy 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 Academy of any unauthorized use of Your Account or any breach of security. Pixlr Academy 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 Academy due to such unauthorized use.

You may delete Your Account at any time, for any reason, by following the instructions on the Service. Pixlr Academy may terminate Your Account in the event You have breached these Terms of Use.

4. Access to the Services

Pixlr Academy hereby grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Services, provided that:

• (a)  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 Academy's prior written authorization;
  

• (b)  You shall not modify or alter any part of the Services;
  

• (c)  You shall not access the Services through any technology or means other than the technology provided on the Services, or other authorized means Pixlr Academy may designate; and
  

• (d)  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 Academy's prior written approval.
  

Pixlr Academy reserves the right at any time, to modify, suspend or discontinue the Services with or without notice to You. You agree that Pixlr Academy will not be liable to You or to any third party for any modification, suspension or discontinuation of the Services. You further agree that Pixlr Academy 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. Account Deletion

You may also delete Your account by contacting us at education@pixlr.com

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 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 and any other relevant terms and conditions as may be imposed by us from time to time.

6. Ownership

You acknowledge that all trademarks, service marks, copyrights and logos (“Marks”) on the Services are owned by Pixlr Academy or licensed to Pixlr Academy. Neither these Terms of Use nor Your access to the Services 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.

7. 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 Academy 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 sub-licences 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 the Services to You; (ii) analysing and measuring the effectiveness of the Services (including our mobile applications); (iii) fulfilling contractual obligations; and for the (iv) compliance with legal obligations.

You further agree that Pixlr Academy 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 is solely between the users and Pixlr Academy will not be responsible for any loss or damage incurred as the result of such interactions.

8. Third Party Links and Advertisements

The Services may contain links to third party websites and/or advertisements for third parties. These websites and/or advertisements are not owned or controlled by Pixlr Academy and Pixlr Academy assumes no responsibility for the content, privacy policies, or practices of these websites and/or advertisements. In addition, Pixlr Academy will not and cannot censor or edit the content of any third-party website and/or advertisements. By using the Services, You acknowledge and agree that Pixlr Academy shall not be responsible for Your use of any third-party website and/or advertisements. Your use of all third-party websites and/or 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/or advertisements, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any such third party websites and/or advertisements.

9. Intellectual Property Rights

You further agree that You are obtaining only a limited license to use and access the Services expressly set forth in these Terms of Use and that no ownership rights are being conveyed to You. Pixlr Academy 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 Academy (“Feedback”) and You agree that Pixlr Academy 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 Academy regarding the Services, without any obligation, royalty or restriction based on intellectual property rights or otherwise.

10. DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and it is accessible on this Service, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). To be effective under the DMCA, a notification of claimed infringement must be a written communication provided to Pixlr Academy's designated agent that includes substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that Service;
  

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pixlr Academy to locate the material;
  

• Information reasonably sufficient to permit Pixlr Academy to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  

• A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  
  The above information must be submitted as a written notification to the following Designated Agent of Pixlr Academy at the email address: dmca@pixlr.com legal@pixlr.com.
  
  Written notifications may also be sent to the below address, but please note there may be a significant delay in receiving your notice:
  
  Pixlr Pte. Ltd.
  Attn: Copyright Agent
  30, Cecil Street, #19-08 Prudential Tower, Singapore 049712
  legal@pixlr.com
  

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

NOTE: This information is provided exclusively for notifying Pixlr Academy that your copyrighted material(s) might have been infringed. Any other inquiries, including technical support requests, billing questions, reports of email abuse and third-party reports of piracy, will not receive a response through this process.

11. DMCA Counter-Notifications

If you believe in good faith that your content was wrongly removed in response to a copyright complaint, you may send a counter-notification to our Designated Agent, as mentioned in Section 10 above, containing the following information:

• Your physical or electronic signature;
  

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled providing specific URLs is recommended;
  

• A statement under penalty of perjury that you have good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
  

• Your name, address, telephone number, and email address; and
  

• A statement that (i) you consent to the jurisdiction in the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, that you consent to jurisdiction in the Central District of California, and (ii) you will accept service of process from the person who provided notification of the alleged infringement (or an agent of such person)

12. Counter Repeat Infringer Policy

Pixlr Academy is committed to complying with the DMCA and requires all users of the Service to comply as well. In order to protect the rights of copyright holders, Pixlr Academy implements a repeat infringer policy under which it may terminate the accounts of users who repeatedly violate the DMCA. Pixlr Academy's repeat infringer policy is implemented seriously. A user may be a “repeat infringer” due to multiple copyright complaints against them within a certain period of time; however, Pixlr Academy reserves the right to terminate a user upon receiving any number of DMCA notifications from content owners. If a user’s account is terminated pursuant to Pixlr Academy's repeat infringer policy, the user will be notified.

13. 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:

• 
  (a)  a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
  

• (b)  identification of the copyrighted work claimed to have been infringed;
  

• (c)  identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
  

• (d)  Information to enable us to contact You, such as an address, telephone number or email address;
  

• (e)  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

• 
  

• (f)  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.

14. Aggregated Anonymous Data

Notwithstanding anything to the contrary herein, You agree that Pixlr Academy 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 Academy 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 Academy from or with use of such data will be, in each case, the sole and exclusive property of Pixlr Academy; and You hereby assign all of Your title and interest, if any, in and to such items to Pixlr Academy without any fees and without rights to future royalties.

15. Account Termination Policy

Subject to this section, these Terms of Use will remain in full force and effect while using the Services. Pixlr Academy will terminate Your access to the Services if, under appropriate circumstances, You are determined to be a repeat infringer.

Pixlr Academy 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 Academy 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.

16. Warranty Disclaimer

ALL PIXLR ACADEMY 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 ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PIXLR ACADEMY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PIXLR ACADEMY WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE PIXLR ACADEMY 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 ACADEMY 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 ACADEMY 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 ACADEMY WEBSITE AND/OR SERVICES, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.

17. Limitation of Liability

IN NO EVENT SHALL PIXLR ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT , INDIRECT , INCIDENT AL, 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 ACADEMY 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.

18. Indemnity

To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Pixlr Academy, 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 Academy 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.

19. 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 Academy without restriction.

20. Governing Law and Dispute Resolution

This Agreement shall be governed by, and shall be construed in accordance with, the laws of Singapore. 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 Singapore under the Singapore International Arbitration Centre (“SIAC”) administered SIAC 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.

21. Entire Terms

These Terms of Use constitute the entire agreement between You and Pixlr Academy regarding its subject matter and supersedes any previous written or oral agreement between You and Pixlr Academy. 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. The explanations in the FAQ, tutorials, courses, and any other explanations and content provided on the Services are for Your information only and are not, and shall not be construed as, part of these Terms of Use.

22. Severability

Unless as otherwise stated in these Terms of Use, should any provision of 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.

23. Language

These Terms of Use are 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.

24. Electronic Communications

You agree that the communications between You and Pixlr Academy use electronic means. For contractual purposes, You (a) consent to receive communications from Pixlr Academy in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pixlr Academy 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.

Last updated: 4 November 2024