This is your legal Agreement with the company Pixl Showcase, LLC (or "Pixl Showcase"). Please read it carefully.
- The "Service" is Pixl Showcase's web-based service, named "Pixl Showcase," which enables applicants to submit content to an organization.
- An "Organization" is an association, employer or other organization to whom you submit Content and other information using the Service.
- "Content" is your information (images, audio, video, documents, and other information) that you submit to an Organization through the Service, using your log-in information and password.
- An "Entry" is your Content plus any other information within the Service (i.e. application questions, letters of reference, evaluations, media uploads, etc…).
II. OWNERSHIP OF CONTENT
Pixl Showcase, LLC does not claim to own your Content. We assume that you own it.
III. OWNERSHIP OF SERVICE
Pixl Showcase, LLC owns the Pixl Showcase Service and claims protection for it under various laws, including copyright laws.
IV. LICENSE TO CONTENT AND OTHER INFORMATION
To provide the Pixl Showcase Service, you grant Pixl Showcase, LLC a royalty-free license to your Content and other information that is part of your Entry. That license allows the Pixl Showcase Service to use, copy, distribute, display, reproduce, and transmit the Content and other information for the sole purpose of providing the Service to you and to the receiving Organization.
V. ADMINISTRATION OF THE SERVICE
Pixl Showcase, LLC may change or discontinue Pixl Showcase, or may restrict access to the Service, without notice or liability. Your access to Content may be through thumbnail, web-optimized or other modified views, and may not include the ability to download the original files that you upload. Before you submit Content, you agree to make and keep alternative or archival copies for any purposes other than the Entry. Pixl Showcase, LLC may use reasonable discretion to delete any Content you have submitted.
The Pixl Showcase Service may contain links and pointers to other web sites, resources, and sponsors ("Links"). The presence of Links is not an endorsement of the linked sites, their contents or products.
VII. REPRESENTATIONS AND WARRANTIES
You represent and warrant to Pixl Showcase, LLC that:
- You will only use the Service for submitting your Content to Organizations;
- You have full rights to submit Content and grant the licenses above;
- You grant a license to the Organization to use, copy, download, distribute, display, reproduce, transmit, modify and delete any Content that you enter into the Service, for the purposes of administering your Entry;
- You are at least eighteen (18) years old or that your parent(s) or legal guardian agrees to be bound by these terms;
- You will use reasonable care to protect the confidentiality of your log-in information, and will not share it with any other person;
- You will not grant access to the Service to any other person;
- You will be entirely responsible for the conduct of any person using the Service through use of your log-in information;
- You will comply with the requirements of Section 8 ("Your Conduct") below.
VIII. YOUR CONDUCT
You agree not to upload, post, transmit to, distribute or otherwise publish through the Service any Content that:
- Restricts or inhibits any other user from using and enjoying the Service;
- is unlawful;
- Constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil or criminal liability or otherwise violates law;
- Violates, plagiarizes or infringes the rights of third parties including copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- Contains a virus or other harmful component;
- Constitutes or contains false or misleading indications of origin or statements of fact.
- You agree not to access the content of other people on the Service without authorization from the owner or other authorized person.
- You agree not to download, copy, distribute, publicize, or display to others any content to which you are not previously authorized in writing to do so by its owner.
IX. PRIVACY AND SECURITY OF CONTENT
You agree to indemnify, defend and hold harmless Pixl Showcase, LLC, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs incurred by the Indemnified Parties, including without limitation attorneys' fees and costs, in connection with any claim arising out of:
- Any breach by you of the Agreement,
- Any actions that the Organization, its employees, contractors, representatives, or others take or fail to take with respect to your Content.
Pixl Showcase, LLC may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Pixl Showcase, LLC. You agree to cooperate as reasonably required by Pixl Showcase, LLC in the defense of any claim.
XI. DISCLAIMER REGARDING CONTENT
Pixl Showcase, LLC is not required to review Content. Pixl Showcase, LLC is not responsible for any Content's inclusion in or exclusion from the Pixl Showcase Service. However, Pixl Showcase, LLC reserves the right to disclose any information necessary to satisfy a law, regulation or a government request, or to edit, refuse to post, or to remove any information or materials, that in Pixl Showcase 's sole discretion are objectionable or in violation of this Agreement.
XII. DISCLAIMERS REGARDING WARRANTIES
ACCESS TO THE SERVICE IS PROVIDED "AS IS." PIXL SHOWCASE, LLC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICE, FOR THE CONTENT, FOR ANY THIRD PARTY PRODUCTS OR SERVICES, OR HYPERTEXT LINKS TO THIRD PARTY SITES, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PIXL SHOWCASE, LLC DOES NOT REPRESENT THAT THE SERVICE, WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
XIII. CHOICE OF LAW; JURISDICTION AND VENUE
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED UNDER THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. EXCLUSIVE JURISDICTION AND VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF TEXAS.
XIV. LIMITATIONS OF LIABILITY
THE FOLLOWING LIMITATIONS APPLY TO ALL CLAIMS AGAINST PIXL SHOWCASE, LLC ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT OR ACTIVITIES CONTEMPLATED BY IT, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. PIXL SHOWCASE, LLC SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PIXL SHOWCASE, LLC SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR ACTIONS THAT THE ORGANIZATION, ITS EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR PERMITTEES TAKE OR OMIT TO TAKE WITH RESPECT TO YOUR CONTENT OR APPLICATION. IN ANY EVENT, PIXL SHOWCASE'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF FEES PAID TO PIXL SHOWCASE, LLC BY YOU HEREUNDER FOR THE SPECIFIC PORTION OF SERVICE GIVING RISE TO SUCH CAUSE OF ACTION OR CLAIM.
XV. CHANGES TO THIS AGREEMENT
Pixl Showcase, LLC may change or modify this Agreement with respect to the administration of the Service from time to time, which shall become effective upon Pixl Showcase's posting the revised Agreement on the Service. Those changes will not diminish or change your ownership rights to Content, unless you expressly consent to it.
XVI. ENTIRE AGREEMENT
This Agreement is the entire agreement between Pixl Showcase, LLC and you with respect to the Pixl Showcase Service. Any cause of action you may have with respect to the Service must be commenced within three (3) months after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.