PIXIA Corp. Website (the “Site”)
The purpose of the Site is to make information available to you on PIXIA and its products and services.
By opening, accessing, browsing, and in any manner using this site, you agree to be bound by the terms and conditions described below. IF YOU DO NOT AGREE TO THESE SITE TERMS, ANY PORTION CONTAINED THEREIN, OR ANY SUBSEQUENT MODIFICATION, PLEASE LOG OFF NOW.
Questions or comments about the Site or its contents should be directed to the firstname.lastname@example.org.
Site License and Access
PIXIA grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or any information or content contained therein; (b) the collection and use of any product information, image or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data gathering software, software robots, or similar data extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of PIXIA or any third party.
You may not bypass any measures We use to prevent or restrict access to any portion of the Site. You may not use, frame or utilize framing techniques to enclose any PIXIA trademark, logo, any portion of the Site, or other proprietary information (including but not limited to, images and videos found on the Site) without PIXIA’s express written consent. Further, you may not use any meta tags or other non-viewable text utilizing the PIXIA name or any of its trademarks or product names without PIXIA’s express written consent.
Any unauthorized use of the Site or use in violation of the Site Terms will immediately terminate the permission or license granted by these Site Terms and may constitute a violation applicable law including copyright and trademark laws. All violators will be prosecuted to the fullest extent of the law.
Trademarks and Service Marks
PIXIA®, HiPER LOOK®, HiPER STARE®, HiPER WATCH™, nui™, nuiENCODER™, nuiPLUGIN™, nuiVIEWER™, and nuiSDK™ are among the trademarks owned by PIXIA, and may not be copied, imitated or used, in whole or in part, for any manner or purpose, without the prior written permission of PIXIA. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use PIXIA marks is subject to prior approval, and should be addressed to email@example.com.
All copyrighted and copyrightable materials on this Site, including, but not limited to, the design, text, graphics, pictures, videos, demonstrations, sounds, and other files (the “Materials”), and the selection and arrangement thereof are copyrighted, all rights reserved, by PIXIA and/or third-party licensors as applicable. Except as stated herein, none of the Materials may be copied, distributed, downloaded, republished , displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, printing, photocopying, recording, or otherwise, without the prior written permission of PIXIA or the respective copyright owner. Permission is granted to display and copy the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of PIXIA or the respective copyright owner, (a) copy, republish, or display any of the Materials on any computer network, website, or broadcast or publications media, (b) change the Materials or in any manner alter them, and (c) remove, conceal, or alter any copyright and other intellectual property notices contained in the Materials.
You are granted a limited, non-exclusive right to create a hyperlink to the Site provided such link does not depict PIXIA or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, whether expressly or impliedly. You may not use a PIXIA logo or other proprietary graphic or trademark of PIXIA to link to this Site without the express written permission of PIXIA. This limited right may be revoked at any time.
PIXIA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, truthfulness, or reliability of third-party sites linking to this Site or third-party sites accessible by hyperlink from this Site. The third-party linked sites are not under the control of PIXIA and PIXIA is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any possible changes or updates to such sites. PIXIA is providing these links to you merely as a convenience, and the inclusion of any link does not imply any affiliation, endorsement, or adoption by PIXIA of the site or any information contained therein. When leaving the PIXIA Site, please be aware that PIXIA’s terms and policies no longer govern, and the applicable terms and policies of such sites, including privacy and data gathering practices, shall control.
THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT ACCESSED FROM THIS SITE, IS AT YOUR OWN RISK.
PIXIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. PIXIA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PIXIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE PIXIA ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, PIXIA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES, ANY HARMFUL OR MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL PIXIA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Limitation of Liability
IN NO EVENT SHALL PIXIA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PIXIA (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF PIXIA’S SITE EXCEED TEN U.S. DOLLARS ($10.00) OR THE COMPENSATION YOU PAID PIXIA, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and entirely to be performed within the State of New York, without resort to its conflicts of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in New York County, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, PIXIA reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access, or that of your agents and/or assigns, to and use of the Site.
You agree to indemnify and hold PIXIA (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of these Site Terms, or your violation of any law or the rights of a third party.
When you use the Site or send e-mails to PIXIA, you are communicating with PIXIA electronically. You consent to receive communications from PIXIA electronically. PIXIA will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Modification and Notification of Changes
PIXIA reserves the right to make changes to the Website, related policies and agreements, these Site Terms and the Privacy Notice at any time. If PIXIA makes a material modification to these Site Terms or the Privacy Notice, it will notify you by displaying a prominent announcement above the text of these Site Terms or the Privacy Notice, as appropriate, for thirty (30) days.
After notice of a modification to these Site Terms or the Privacy Notice has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of these Site Terms and Privacy Notice, respectively. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to these Site Terms or Privacy Notice prior to any further use of the Site. Should you wish to terminate your account due to a modification to these Site Terms or the Privacy Notice, you may do so by sending an email with the subject line “Termination” to our Customer Service Department. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new Site Terms or Privacy Notice, as relevant.
Procedure for Claims of Intellectual Property Infringement
PIXIA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PIXIA’s Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
PIXIA’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
2350 Corporate Park Drive
Herndon, VA 20171
Attn: Copyright Agent
PIXIA may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to these Site Terms.
If one or more provisions of the Site Terms are held to be unenforceable under applicable law, such provision shall be excluded from the Site Terms and the balance of the Site Terms shall be interpreted as if such provision were so excluded and the remaining provisions of the Site Terms shall be enforceable in accordance with its terms.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of these Site Terms, or any general legal principles to the contrary, any provision of these Site Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Site Terms.
Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of PIXIA to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. PIXIA does not guarantee it will take action against all breaches of these Site Terms. Except as otherwise expressly provided in these Site Terms, there shall be no third-party beneficiaries to these Site Terms. These Site Terms constitute the entire agreement between you and PIXIA and govern your use of the Site, superseding any prior agreements between you and PIXIA with respect to the Site.