In plain English, by using either the Pixite website or any of the Pixite apps, you agree to all the terms below.
Pixite has created and maintains its apps and website in order to provide photographic and digital imaging resources to the public. By using the apps and website, and their content, you are agreeing to comply with and be bound by the following terms, which Pixite may change at any time.
The Apps and Website Are Proprietary to Pixite
In plain English, unless we say otherwise, the website and our apps belongs to us (or our affiliates), and we ask that you please act accordingly and follow any instructions we provide. Also, please don’t change our stuff, sell our stuff or do anything illegal with our stuff (or our affiliates’ stuff).
This does not include photos and content provided by Pixite Source. We can’t wait to see the amazing things you do with that.
Other than the open content images specifically identified on the website for use in photo or image manipulation specifically including the Pigment coloring application, all of the text, images, marks, logomarks, and other content on the Pixite website or any Pixite apps (“Site Content”), is protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of Pixite, and/or its affiliated companies, licensors and suppliers. Pixite actively protects its rights to the Site Content to the fullest extent of the law. You may not use such Site Content except as provided in these terms.
Pixite authorizes you to view, download and print the Site Content subject to the following conditions:
(1) You must adhere to any and all additional terms or restrictions provided within the website relating to particular Site Content;
(2) Unless otherwise restricted, you may only do so for your own personal and noncommercial use, or for fair use as defined in the United States copyright laws;
(3) Downloading, copying, or using in any way Site Content for commercial use is prohibited;
(4) You may not remove, alter or modify any copyright, trademark, or other proprietary notices, including, without limitation attribution information, credits, and copyright notices, that have been placed in or near Site Content, including open content images, by Pixite;
(5) You may not remove, alter, or modify the Site Content; and
(6) All parties downloading, printing or using the Site Content in any manner, represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.
In plain English, some of the pictures or images on our website belong to other people and we use them pursuant to an open license. We follow the rules regarding proper credit to give the owners their due, and ask that you do the same. However, even if you do follow their rules, we are not to blame if there is any problem whatsoever with you using the pictures or images.
Some digital images may include people or objects or designs for which a third party may claim rights such as trademark, copyright, privacy, or publicity rights. Pixite does not represent or warrant that all of the images designated for downloading as open content (“Pixite Source”, “Community Photo”, “Free for All”, “Pigment”, “FFA”, or “STScI”) images are free from rights claimed by third parties. As the user, it is your responsibility to ensure that there are no restrictions based on third party rights. Pixite assumes no liability for your use of these images if a third party makes an infringement claim. Use or downloading of the open content (“Pixite Source”, “Community Photo”, “Free for All”, “Pigment”, “FFA”, or “STScI”) images for commercial use is prohibited.
Pixite makes no representations or warranties or indemnification relating to your use of the open content (“Pixite Source”, “Community Photo”, “Pigment”, “Free for All”, “FFA”, or “STScI”) images. All parties downloading, printing, manipulating, or using the open content (“Pixite Source”, “Community Photo”, “Free for All”, “Pigment”, “FFA”, or “STScI”) images from Pixite’s website or apps represent and warrant that their use will be consistent with applicable laws including, without limitation, copyright, privacy and publicity laws, and that you will not infringe or violate the rights of any other party. All rights not granted by Pixite are specifically reserved.
The open content (“Pixite Source”, “Community Photo”, “Free for All”, “Pigment”, “FFA”, or “STScI”) images Pixite hosts and shares are for personal enjoyment. Use of open content (“Pixite Source”, “Community Photo”, “Free for All”, “Pigment”, “FFA”, or “STScI”) images shall be entirely at your own risk. Pixite shall not be liable for any damage which may result from the download, installation, storage, manipulation, or use of the open content (“Pixite Source”, “Community Photo”, “Free for All”, “Pigment”, “FFA”, or “STScI”) images hosted on the website not due to our fault. Pixite does not warrant that the sharing of these images will not infringe upon the rights of third parties holding rights to these works. It is your responsibility to determine and satisfy copyright and other use restrictions before copying, transmitting, or making other use of protected items. If you have any knowledge about rights holders for any of these works, please contact Pixite via the “Contact Us” page.
In plain English, we ask that you please properly credit copyright owners. That said, even if you follow all of the rules, we are not to blame if there is any problem with you using the pictures or images.
Pixite hosts the social platform, “Pigment Gallery,” inside our Pigment app, which allows users to share their artistic creations with other users. It is the user’s responsibility to ensure that there are no restrictions based on third party rights for any images or other content shared by such user within “Pigment Gallery,” and Pixite makes no representations or warranties or indemnification whatsoever relating to use of the “Pigment Gallery.” By using “Pigment Gallery,” you represent and warrant that your use will be consistent with all applicable laws including, without limitation, copyright, privacy and publicity laws, and that you will not infringe or violate the rights of any other party. You agree to hold harmless, defend and indemnify Pixite from any breach of the foregoing obligations by you. To the extent applicable, users may credit third party rights through the image description function.
In plain English, other than our coloring book apps (Marvel: Color Your Own and Pigment), you can do as you please with what you create; it’s yours, you own it. But, you have to let us borrow it so we can continue to run our business.
With the sole but express exception of Pixite’s coloring book apps (namely, Marvel: Color Your Own and Pigment (collectively, the “Coloring Book Apps”) – please see paragraph below for restrictions applicable to the Coloring Book Apps), Pixite does not claim any ownership rights in any text, graphics, patterns, images, software, photographs, drawings, paintings, works of authorship of any kind, and information or other materials that are generated through the apps by you, the user (“User Content”). Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. However, by making any User Content available through Pixite’s apps, you hereby grant Pixite and other app users a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the apps to you and others.
With respect to Coloring Book Apps, you are prohibited from selling, distributing, providing access to, sharing or transferring any content generated within the Coloring Book Apps for commercial purposes, unless approved in writing by Pixite or unless otherwise provided herein. For example and not by way of limitation, the foregoing prohibits displaying artwork created within a Coloring Book App on merchandise with the intention to sell such merchandise through an online marketplace.
Pixite reserves the right (but has no obligation) to review User Content in Pixite’s sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
Use of the Apps and Website
In plain English, when using our services, please be good and act respectfully
You agree not to use any app or website to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
You agree not to use any app or website to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to any apps (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the website or any app or servers or networks connected to the apps (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any app or the website.
Warranty Disclaimer and Limitation of Liability
In plain English, things may happen and we can’t and won’t guarantee that they won’t. It’s not our fault.
Pixite makes no representation or warranties of any kind regarding the Site Content or any portion thereof. All Site Content is provided in “AS IS” condition, and Pixite expressly disclaims any and all warranties of merchantability or fitness for a particular use.
Applicable Law and Jurisdiction
In plain English, if there’s a problem, you have to come to sunny San Diego, California to resolve it with us.
By publishing, accessing, and/or using the Pixite website and apps, you agree that all matters arising from or relating to the use and operation of the Pixite website and apps will be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Pixite website and apps will be heard and resolved in the courts of San Diego, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Pixite website and apps from locations other than San Diego, California, you will be responsible for compliance with all local laws of such other locations.
In plain English, if we get in trouble because of you, we get to drag you into the mix to help us get out of it.
You agree to indemnify, defend, and hold Pixite harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Pixite website and any Pixite apps.
Copyright Infringement Claims – Digital Millennium Copyright Act Notice
If you believe that any material or content on the apps or website constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of where, within the apps or website, the offending material is located; (d) your address, telephone number and email address; (e) a written 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; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The above information should be submitted to Pixite at:
3919 Fourth Ave. Suite C
San Diego, CA 92103