- ALL PERSONS ACCESSING AND / OR USING THIS WEBSITE AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
- Ownership and Usage Restrictions. All rights, including copyrights, to this website, and its content (the “Site”) are owned by Pixaera Inc. and its affiliates (hereinafter referred to as “Pixaera”) or third parties who have licensed such rights to Pixaera. The contents of this Site may not be copied, republished, distributed, altered, or used for any purpose except as explicitly set forth in this Site or approved in writing by Pixaera.
- Informational Purposes Only. The materials available on this Site have been prepared by Pixaera and are intended for informational purposes ONLY. The information provided on this Site is provided only as general information and does not create a business or professional services relationship between you and Pixaera.
- Submitted Information. The Pixaera Site is free to use and exploit in any legal manner and for any legal purpose any information sent to this Site by any person accessing and/or using this Site. Please refer to the Privacy Policy section of this Site for further details on the collection and use of user information.
- Third-party links
- We may include links to related internet sites maintained by third parties. Neither Pixaera nor its affiliates or subsidiaries operate or control, in any respect, any information, products or services on such linked sites. In addition, Pixaera does not guarantee the timeliness, sequence, accuracy, completeness, reliability, or content of such information.
- CONDITIONS OF USE
- You agree that it shall only use the Site for legal purposes. You are solely responsible for complying with the laws of the jurisdiction from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such law. You represent that you have the lawful right to submit such information and you agree that you will not submit any information through the use of this Site unless you are legally entitled to do so. Again, we recommend that you do not submit the information you consider confidential. Without limiting the foregoing and by way of example only, you may not and shall NOT:
- engage in any conduct that is unlawful, immoral, threatening, abusive, or in a way that is deemed unreasonable by Pixaera in its discretion.
- infringe our intellectual property rights or those of any third party in relation to your use of the Site or the Service;
- transmit any material that is confidential or proprietary;
- use the Site or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- collect or harvest any information or data from the Site or Service or attempt to decipher any transmissions to or from the servers running the Site or Service;
- access the Site or Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Site or Service;
- use the Site or Service in any manner that may harm minors or that interacts with or targets
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- sublicense, resell, time share or similarly exploit the Site or Service;
- authorize, permit, enable, induce, or encourage any third party to do any of the above.
- You agree that you will not engage in any activity that interferes with or disrupts the Site. Unless you have been specifically permitted to do so in a separate, written agreement with Pixaera, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade, or resell the Application for any purpose. You agree that you are solely responsible for (and that Pixaera has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Pixaera may suffer) of any such breach.
- You agree that it shall only use the Site for legal purposes. You are solely responsible for complying with the laws of the jurisdiction from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such law. You represent that you have the lawful right to submit such information and you agree that you will not submit any information through the use of this Site unless you are legally entitled to do so. Again, we recommend that you do not submit the information you consider confidential. Without limiting the foregoing and by way of example only, you may not and shall NOT:
- COPYRIGHT
- The copyright in all material provided on the Site is held by Company, its affiliates, or by the original creator of the material. The contents of the Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express permission of Company or the copyright owner, except that you may copy, download or print the materials on the Site for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Company’s permission, “mirror” any material contained on the Site or any other server. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted material. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Site, including but not limited to customer identities. The use of any software available for downloading from the Site is governed by the terms of the applicable license agreement or End User Terms accompanying or included with the software. All trademarks, service marks, and trade names in the Site are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited. Any unauthorized use of any material contained on the Site may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
- TRADEMARK
- Trademarks: All trademarks, trade names, trade dress, graphics, logos, brand names, and service marks ("Marks") of Pixaera, whether registered or unregistered, are the property of Pixaera and are protected by the United States and international trademark laws. The overall look and feel of this Site, including any trade dress, is also the property of Pixaera.
- SOFTWARE
- The use of Pixaera’s immersive learning products (the “Service”) or any use of the software that is made available to download from this Site (the "Software") is the copyrighted work of Pixaera. The Software and Service is governed by the End User Terms or accompanying license agreement (the “License Agreement”) accessible via the Software or mobile application (the “App”).
- The Software is made available for download solely for use according to the End User Terms or License Agreement. Any reproduction or redistribution of the Software not in accordance with the End User Terms or License Agreement is expressly prohibited.
- WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE END USER TERMS OR LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
- THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE END USER TERMS OR THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE END USER TERMS OR LICENSE AGREEMENT, PIXAERA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- COMPLIANCE WITH LAWS
- You agree to use the Site for lawful purposes only and to comply with all applicable laws and regulations. The material provided on the Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. Notwithstanding anything contained in these Website Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site or the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.
- You agree to use the Site for lawful purposes only and to comply with all applicable laws and regulations. The material provided on the Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. Notwithstanding anything contained in these Website Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site or the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.
- ADVERTISING
- Some of our services may be supported by advertising revenue and may display advertisements and promotions. You agree that we may place such advertising and promotions on the Site, or on, about, or in conjunction with your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
- Some of our services may be supported by advertising revenue and may display advertisements and promotions. You agree that we may place such advertising and promotions on the Site, or on, about, or in conjunction with your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
- DISCLAIMER
- All content and information on this Site is subject to change without notice. This Site may contain links to other Sites. Pixaera makes no representation or warranty and disclaims any responsibility or liability with respect to such other Sites and their content.
- ALL CONTENT AND INFORMATION ON THIS SITE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. PIXAERA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PIXAERA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APPLICATION, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE APPLICATION. PIXAERA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY PIXAERA.
The content and information on this Site is provided ‘as is’ without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or expectation of privacy. Pixaera makes no representation or warranty of any kind with respect to the accuracy, reliability, or completeness of the content and information contained on this Site. Pixaera shall not be liable for any loss, injury, damage, or liability of any kind arising from any use or inability to use this Site or any other Site.
- INFRINGEMENT CLAIMS
- U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Pixaera infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Application are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Pixaera to locate the material on the Application; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Pixaera a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
- U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Pixaera infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Application are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Pixaera to locate the material on the Application; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Pixaera a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
- Notices
- The User can direct notices, inquiries, complaints and so forth to Pixaera at this address: help@pixaera.com
- A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
- FEEDBACK
- Any communication you send to the Company by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing software and products, except as otherwise governed by the separate mutually-executed agreement between you and Company.
- Any communication you send to the Company by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing software and products, except as otherwise governed by the separate mutually-executed agreement between you and Company.
- MODIFICATION
- As our business evolves, we may change these Website Terms or the Privacy Policy. If we make any material changes to the Website Terms or the Privacy Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by posting a notice on our Application. You can review the most current version of the Website Terms at any time by visiting this page. Any material revisions to these Website Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you access the Site or use the Service after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
- As our business evolves, we may change these Website Terms or the Privacy Policy. If we make any material changes to the Website Terms or the Privacy Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by posting a notice on our Application. You can review the most current version of the Website Terms at any time by visiting this page. Any material revisions to these Website Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you access the Site or use the Service after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
- CHOICE OF LAW / JURISDICTION
- Owner maintains this site in Delaware, U.S.A. and you agree that these terms of use and any legal action or proceeding relating to this Site shall be governed by the laws of the State of Delaware without reference to its choice of law rules. As you have agreed by using this site to choose the laws of the State of Delaware to govern any such proceedings, Owner may elect to defend any such action in Delaware, without regard to where in the world you are located, or from where in the world you visited this Site.
- Owner maintains this site in Delaware, U.S.A. and you agree that these terms of use and any legal action or proceeding relating to this Site shall be governed by the laws of the State of Delaware without reference to its choice of law rules. As you have agreed by using this site to choose the laws of the State of Delaware to govern any such proceedings, Owner may elect to defend any such action in Delaware, without regard to where in the world you are located, or from where in the world you visited this Site.
- GENERAL
- No failure or delay by either party in exercising any right under the Website Terms will constitute a waiver of that right. No waiver under the Website Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement. The relationship of the parties to this Agreement does not form a joint venture or partnership. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement. The Website Terms, including any terms incorporated by reference into the Website Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
These Terms were last updated on April 14th, 2023