Terms of Service

Last Updated: 06/04/2024.

1. Introduction

Welcome to Pixel Designs Inc. ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our website, applications, and any other services provided by us (collectively, "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms.

3. Account Registration

To use certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activities or actions under your account.

4. Use of Services

  • You agree to use our Services only for lawful purposes and in accordance with these Terms.
  • You agree not to use our Services in any way that could damage, disable, overburden, or impair our Services or interfere with any other party's use of our Services.
  • You agree not to attempt to gain unauthorized access to any part of our Services or any other systems or networks connected to our Services.

5. Intellectual Property Rights

All content, features, and functionality on our Services, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of the Company or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our express written permission.

6. User Content

You retain ownership of any content you submit, post, or display on or through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our Services.

7. Privacy

Our Privacy Policy explains how we collect, use, and disclose information about you. By using our Services, you consent to our collection, use, and disclosure practices as described in the Privacy Policy.

8. Third-Party Services

Our Services may contain links to third-party websites or services that are not owned or controlled by the Company. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You access third-party websites or services at your own risk.

9. Disclaimer of Warranties

Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and course of dealing or performance. We do not warrant that our Services will be uninterrupted, error-free, or secure.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our Services or your violation of these Terms.

12. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, if you breach these Terms or for any other reason at our sole discretion. Upon termination, your right to use our Services will immediately cease.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Edmonton, Alberta, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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 Services after those revisions become effective, you agree to be bound by the revised terms.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Pixel Designs Inc.
#204, 12408 108 Avenue NW
Edmonton, Alberta, Canada, T5M 0H3
Email: kyle@wearepixel.ca
Phone: 780-887-3897