Terms of Use

Last updated: Aug 06, 2018

Please read these terms and conditions ("terms", "terms and conditions") carefully before using the www.pixilart.com website (the "service") operated by Pixilart("us", "we", or "our").

Your access to and use of the service is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the service.

By accessing or using the service you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the service.

BY USING OUR SERVICE, YOU AGREE TO TERMS OF USE.

What are the basics?

You may be required to sign up for an account, and select a password and username. This information is required and you promise to provide accurate and up-to-date information as part of your agreement. You may not use a username that is not available. You may not use a username with the intent of impersonating someone else.

Children under the age of 13 must have a parent or guardian's permission to use the service provided by Pixilart and its third parties.

You may use the services provided by Pixilart for your own internal, personal, commercial use outside of Pixilart services (Commerical use of Pixilart Shop services is acceptable - using the shop & marketplace services found /shop/* is allowed), and not on behalf of or for the benefit of any third party outside of Pixilart services, and only in a manner that complies with all laws that apply to you. We can't and wont be responsible for your using the services in a way that breaks the law.

Cost of use

Pixilart is a free service. We are always trying to improve our services with new features. This may change over time if a service is enhanced or added. Services provided by Pixilart requires no type of payment. You will be notified if any of these terms are changed.

Restrictions of service

You represent, warrant, and agree that you will not contribute to or otherwise use the services in a manner as of the following (each of the terms is defined below):

1. In a harmful, fraudulent, deceptive, threatening, harassing, defaming, or otherwise objective manner.
2. In a manner that violates the jeopardy of the computer network or infrastructure designed to keep Pixilart service functioning.
3. Attempts, in any manner, to obtain the password, account, or other security information from any other use.
4. Violates any law or regulation, including any applicable export control laws.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our service. You may only create one account per a user. If caught creating multiple account, all accounts from that user will be banned.

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Created Artwork Ownership

By submitting content from the pixel drawing application (located at "pixilart.com/draw") to Pixilart for inclusion on the website, you grant Pixilart worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish and advertise the content without prior notice. Drawings you create on Pixilart may be used for public/commercial use. Content may be removed at any time for registered/non-registered users. Any content you create using the drawing application has been rightfully owned and created by you and does not infringe in any copyright infringement laws.

Shop & Shopping Artwork

Any artwork you create can be purchased in the shop page, as long as it does not infringe on any copyright infringement laws. All artwork purchases are reviewed and upon review if an artwork infringes on any intellectual property, the order will be canceled and your payment will be refunded with in 24-72 hours. Registered users have the right to grant permissions to allow other registered/non-registered users to shop the granted artwork and then place said artwork on any product that is available. Non-registered user artwork is granted public shop access by default. All artwork is reviewed and inspected before going public in the public gallery. At any point if a drawing infringes on any intellectual property, that artwork will be removed from the public gallery and set to private/removed and will no longer be accessible to the shop.

Pixilart Marketplace Eligibility

Our marketplace services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.

External Links

Pixilart may provide links to third party websites or resources. You acknowledge and agree that Pixilart is not responsible or liable for the content, products, services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pixilart of such websites or resources of the content, products, or services or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such website or resources.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

These terms shall be governed and construed in accordance with the laws of North Dakota, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have between us regarding the service.

Uploaded Content

You are entirely responsible for the material that you upload to Pixilart's website and resources, and any harm resulting from that content. By uploading content and making it available, you represent and warrant that:

1. You have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms.
2. That the content does not contain any viruses, malware, adware, or any harmful content that might compromise Pixilart's website and resources.
3. The content is not pornographic related, does not contain threats or incite violence, and does not violate the privacy policy rights or any third party. (children use this website).
4. That you are the owner and have full permission of the content you are uploading.

Image Removal

Pixilart reserves the rights to remove/change availability on any images that meet the following:

1. Tampering, exploiting, and abusing image information.
2. Images not acceptable for all ages. (pornographic related, swearing, disrespectful, and hate-crime are not allowed.)
3. Images that are reported and analyzed by Pixilart.

Privacy

Pixilart understands and respects your privacy. Please review Pixilart's privacy policy. The terms of Pixilart's privacy policy are incorporated into, and form a part of, these terms.

Trademarks

All brand, product and service names used in this service which identify as Pixilart or third parties and their products and services are property of Pixilart and/or their relevant third parties.

Drawing Application

Tampering, editing, or modifying the drawing application to exploit its normal functionality, or using other programming functions not featured in the current state of the drawing application (located at 'pixilart.com/draw'), will result in a ban and/or IP address block. Using third-party tools not approved or listed under the official name of Pixilart, LLC (in Chrome Store, Google Play Store, and Apple Store) will result in a ban and/or IP address block.

Changes

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the service.

Contact

You may contact Pixilart by email at [email protected].