Terms & Conditions

Last updated at 2021-12-07 20:50:03

SPIXL - Super Pixel Projects Terms of Service

By accessing or using the "SPIXL.IO" or “Super Pixel Projects” website or mobile applications (collectively referred to as the “Service”) you as the client (referred to as “you” or “the client” or “the Photographer”) agree to be bound by these Terms of Use. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Code of Conduct

Uploading any photo through this website constitutes your acceptance of the terms and conditions of use outlined herein:

1) As the submitter of this photo, it is your responsibility to ensure that all photos you upload are your original works and intellectual property. You must hold all legal rights from the artist or photographer to submit this photo for posting to Super Pixel Projects, and you personally accept any responsibility in regards to the posting of this photo.

2) If the photo is on an adult you have their permission to post this photo to Super Pixel Projects. If the photo is of a minor child, you have both the permission of the child AND the adult guardian to post the photo to Super Pixel Projects.

3) You may not post nude, discriminatory, unlawful, hateful or pornographic photos on the Service.

4) You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service.

5) All photos posted to Super Pixel Projects must be relevant to the project and family friendly.

6) No advertising or promotional image files will be approved.

7) You may not hold Super Pixel Projects responsible should someone take the photo from the Super Pixel Projects site and post it illegally elsewhere.

8) Super Pixel Projects may use any photo for commercial purposes.

Remember:

The photographs you upload to Super Pixel Projects pages are publicly visible. DO NOT upload any photo that you do not want seen by the thousands of people globally who visit FacePaint.com each month.

Privacy and Rights of User

  1. The Photographer agrees to irrevocably assign and transfer to Super Pixel Projects all right, title and interest, including all copyrights and other intellectual property rights, whether now existing or hereafter acquired, in and to all images created pursuant to this Agreement .In addition the Photographer grants Super Pixel Projects copyright as well as an exclusive, royalty-free, transferable, sub-licensable, worldwide perpetual license to host, use, distribute, resell, rent, modify, mint as an NFT, run, copy, publicly perform or display, translate, and create derivative works of your content.  
  2. You represent that any content posted by you on the Service is rightfully yours to post and does not infringe any copyrights, trademarks or other intellectual property rights.

General Terms

  1. We reserve the right to modify or terminate the Service for any reason, without notice, at any time, and without liability to you.
  2. From time to time, we may update these Terms of Use and you agree that we may notify you of the updated terms by posting them on the Service.
  3. We reserve the right to refuse access to the Service to anyone at any time for any reason.
  4. You are responsible for all data charges you incur through the use of the Service.
  5. The Service is provided on an "as is", “as available, and “with all faults” basis. To the fullest extent permissible by law, Super Pixel Projects makes any representations or warranties or endorsements of any kind whatsoever, express or implied, as to the Service.
  6. Super Pixel Projects has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects.
  7. You agree to defend (at our request), indemnify and hold Super Pixel Projects and employees harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your content or your access to or use of the Service.

Additional Rights We Retain

When the Client enquires about Super Pixel Projects’ services and/or supplies content to Super Pixel Projects the Client’s name and contact details may be entered onto Super Pixel Projects’ database and client relationship management system. From time to time Super Pixel Projects and its IT and marketing consultants, may use this information for direct marketing purposes in connection with the business interests of Super Pixel Projects but the Client’s information will never be transferred to other third parties unless prior permission has been obtained. The Client shall have the power to remove its details from the database and client relationship management system at any time by emailing Super Pixel Projects.

Super Pixel Projects may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Client may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of Super Pixel Projects.

No variation to this agreement or contract shall be effective unless made in writing and signed by or on behalf of the parties. Super Pixel Projects reserves the right to amend these terms and conditions from time to time and will post the current version on its website.

Limitation of Liability: the Client’s attention is particularly drawn to this clause

Nothing in these Conditions shall limit or exclude Super Pixel Projects liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees; (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); (d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).

For other situations outside this clause (a) Super Pixel Projects shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any unforeseeable loss arising under or in connection with the Contract; and (b) Super Pixel Projects total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed (i) any insurance policy which Super Pixel Projects has in place to cover the liability (for example: damage to the client or property) or (ii) the total price payable under the Contract.

Super Pixel Projects shall under no circumstances whatever be liable to the Customer for the actions of its subcontractors when that subcontractor takes any action outside of legal parameters set down by any relevant governing authority.

These clauses shall survive termination of the Contract.