Terms of use

**1. Definitions. **

"Pixeden.com" provides an interactive online service operated by Pixeden.com, on the Web, consisting of design resources for download, a design request system and a support service.

2. General.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to the End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Pixeden.com and Pixeden.com shall not be responsible for any data lost while transmitting information on the Internet. Our objective is to make Pixeden.com and our support service available 24h/24, 7days/7, our site might be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Pixeden.com, access to the Site may be interrupted, suspended or terminated from time to time. Pixeden.com has the right at any time to change or discontinue any aspect of the feature of Pixeden.com.

3. Modified Terms.

Pixeden.com reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Statement without prior notification to you. Such changes may include, among other things, the adding of certain new services. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Statement expressed herein. Any such deletions or modifications shall be effective immediately upon Pixeden.com's posting thereof. Any use of Pixeden.com by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

4. Equipment.

End User shall be responsible for obtaining and maintaining all hardware and other equipment needed for access to and use of this Site and all charges related thereto. Pixeden.com shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

5. End User Conduct.

This Site is private property. All interactions on this Site must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Pixeden.com's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Pixeden.com exclusive discretion restricts or inhibits any other End User from using or enjoying this Site is strictly prohibited. End User shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on - or offline services directly or indirectly competitive or potentially competitive with Pixeden.com.

6. License, Copyright and Trademarks.

Everything located on or in this Site, was created by Pixeden.com or used with express permission of the copyright and/or trademark owner. All our resources* are royalty free for use in both personal and commercial projects. You can modify any resources to your liking to fit into your project, we are however not legally liable for any misuse of our resources. We do not ask for you to include any attribution or link back to Pixeden.com, we do however appreciate if you do credit our resources or/and help spread the word about us. You cannot however redistribute, resell, lease, license, sub-license or offer our resources to any third party. This includes uploading our resources to another websites or media-sharing tool, and offering our resources as a separate attachment from any of your work. If you do plan to include one of our resource on an item or template that will be sold on a website or marketplace, we ask of you to contact us to determine the proper use of our resource before doing so. Premium files downloaded with a premium account can be used in a item or website template sold through a marketplace or directly on a website with no attribution required. You cannot however resell or redistribute those premium files as is. Please contact us before using those files in this way to ensure that you abide by our license. IMPORTANT You cannot use any resources from the psd web templates category to create a website theme or template to be sold. They can only be used for personal and commercial projects. If you would like to share one of our resource you can do so making 15. Premium membership e-mail support service. Pixeden offers these resources ‘as is’, with no implied meaning that they will function exactly as you wish. However we offer a service support via email for our premium members that consists of helping our members modify, use and insert our resources in their projects. If necessary, we would also provide phone support with the member to respond to his specific request. Note that we do not commit at being able to answer to all the questions asked, modify as requested the resource and/or resolve each issues. You acknowledge by your use of our resources that it is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with our resources. from Pixeden.com. * any files downloaded from the site Pixeden.com Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties. Of note, the license file named "license-README-FIRST.txt" that is included with our downloads is the current license terms when that resource was uploaded, however all of our resources are actually regulated by the license that is published on this website. Thus, if the license from our website is updated, the file "license-README-FIRST.txt" of older resource (which cannot be updated) would no longer be the license in use and would be replaced by the new license terms published on our website (which can be found in this section and on the license page). Pixeden.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material such as a blog post, End User warrants that the owner of such material has expressly granted Pixeden.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants Pixeden.com the right to edit, copy, publish and distribute any material made available on this Site by End User.

8. Monitoring.

Pixeden.com shall have the right, but not the obligation, to monitor the content of the Site at all times, including any comment activities and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Pixeden.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Pixeden.com shall have the right to remove any material that Pixeden.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. Privacy.

End User acknowledges that all discussion for votes, ratings, comments and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. Pixeden.com does not control or endorse the content, messages or information found in any Community, and, therefore, Pixeden.com specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to Pixeden.com is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Pixeden.com as confidential, that fact will be stated on those pages. By posting comments, design requests, messages or other information on the Site, End User grants Pixeden.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Pixeden.com's Privacy Statement.

10. License Grant.

By posting communications on or through this Site, End User shall be deemed to have granted to Pixeden.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

11. Design request system.

Pixeden.com offers as part of our membership services a special community design request system that allows our users to ask for a resource that they would like us to create. The idea of our membership system is to provide access to resources that were specifically created for our members according to their needs and requests. As such our design request system lets our members browse suggested ideas, vote for them or create their own design request. The system is used as a way to recollect, administer and prioritize the different requests. Pixeden.com allows itself the right to deny requests that are not in the scope of our workforce knowledge and requests that do not make sense in terms of the range of design resources we offer; for instance design request that do not enter in our current resource categories. Note that except for denied requests, we will create and release in time all the design requests received, as such requests filed in the accepted category are just requests that have been prioritized according to their relevance and number of votes received.

12. Free membership.

After you have sucessfully registered, your Pixeden free membership information will be emailed to the email address you provided. If you do not receive an email, contact us through this website. Upon logging in with the provided credentials, free members will have instant access to all the free resources on our website. Our free accounts grants you a lifetime membership with full access to our free resources. If you cancel your membership, your download access is immediately removed. Our memberships are not to be shared with other users. If the membership was created by a company, only its direct employees can use the account on the behalf of the company. Pixeden reserves the right to cancel your membership with no fiduciary compensation, if it feels that as a user you are not abiding by Pixeden license and terms of services.

13. Premium membership.

After we have successfully received your payment, your Pixeden premium membership information will be emailed to the email address you provided. If you do not receive an email, contact us through our website. Upon logging in with the provided credentials, premium members will have instant access to all the premium resources on our website. During the membership period, full access will be provided to the resources and e-mail support service. After the membership has expired or been canceled, your download access is immediately removed. Our memberships are not to be shared with other users. If the membership was created by a company, only its direct employees can use the account on the behalf of the company. We grant special rights to education facilities for them to be able to use our resources with their student without having to create multiple accounts, if you are representing such a facility please contact us for more details. Pixeden reserves the right to cancel your membership with no fiduciary compensation, if it feels that as a user you are not abiding by Pixeden license and terms of services.

14. Premium membership e-mail support service.

Pixeden offers these resources ‘as is’, with no implied meaning that they will function exactly as you wish. However we offer a service support via email for our premium members that consists of helping our members modify, use and insert our resources in their projects. If necessary, we would also provide phone support with the member to respond to his specific request. Note that we do not commit at being able to answer to all the questions asked, modify as requested the resource and/or resolve each issues. You acknowledge by your use of our resources that it is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with our resources.

**15. Refund and cancelation policy. **

Since Pixeden is offering non-tangible goods we do not issue refunds after the membership is made, which you are responsible for understanding upon registering at our site. You can cancel your account at any time through your account page by selecting the cancel button next to your membership listing section or/and through your Paypal account by canceling the recurring payment profile if you subscribed for a recurring membership. If you don't have a PayPal account and paid directly with a credit card, please contact us so that we can manually cancel the recurring membership. Note that if you cancel your recurring account from our website, it is your responsibility to make sure that when redirected to your Paypal account, you logged in and received a success message stating that your recurring profile from Pixeden was canceled. If you are not sure please contact us.

16. Assignability.

Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall Pixeden be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

17. Indemnification.

End User agrees to defend, indemnify and hold harmless Pixeden.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site by End User.

19. Trademarks.

Unless otherwise indicated, all other trademarks appearing on Pixeden.com are the property of their respective owners.

20. Miscellaneous.

This Agreement and any operating rules for Pixeden.com established by Pixeden.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. PIXEDEN LLC 169 East 69th Street Apt 3-4B New York NY 10021 UNITED STATES