PLEASE READ THESE TERMS OF USE CAREFULLY
By checking the box to agree to these terms of use or by accessing or using the service the subscriber, from now on Customer, you agree to be bound by these terms of use and by all the terms incorporated. If you do not accept these terms of use, please do not use any services offered.
These Terms of Use ("Terms") between you and DGCAL SRL ("Pixhello") govern your access to, use of, and participation in Pixhello website, products, and services (collectively, the "Services"). These Terms do not change the terms or conditions of any other written agreement you may have with Pixhello. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity's behalf and that the entity agrees to be responsible to Pixhello if you violate these Terms.
Please read Pixhello's Privacy Policy at https://www.pixhello.com/en/privacy-policy for information about how Pixhello collects, uses, and discloses your information.
Please read Pixhello’s pricing http://www.pixhello.com/en/pricing and Payment Policy at http://www.pixhello.com/en/payments, governs your payment of the Services and is incorporated herein by reference.
To access and use the Services, you must create an account.
You agree to:
(a) provide accurate, truthful, current, and complete information when creating an account;
(b) maintain and promptly update your account information;
(c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
(d) promptly notify Pixhello if you discover or otherwise suspect any security breaches related to the Services;
(e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
The Services may include Pixhello's web API, image processing, image analysis, image rendering, image caching, image routing, and image delivery.
The Services Pixhello offers via its web API (“API Services”) enable you to control the actions Pixhello takes with respect to your images without uploading the images to the Services.
To use the API Services, you must connect your image hosting or storage location to the API Services. You are responsible for updating your site or service's code to work with the API Services. The API Services provide limited caching and rendering services that Pixhello uses during the course of providing the Services to you. If an image cached via the API Services is removed from your storage or hosting location, it may remain on Pixhello's caching servers for a limited time. Indeed, Pixhello does not involve image hosting or storage except for the limited caching described below.
Pixhello may make certain Hosted Services available, which may enable users to upload images, use hosted processing features and functionality, and deliver or route such images. You may use the Hosted Services only for Sandbox. Without limiting the foregoing or any other terms of these Terms, you may not use the Hosted Services to serve image traffic other than for testing purposes. Pixhello reserves the right to modify, discontinue or suspend access to the Hosted Services at any time for any reason, without notice or obligation to you.
Pixhello can be accessed for content delivery of your User Content (as defined below). When you access Pixhello for content delivery, Pixhello may cache your User Content for performance reasons. When cached User Content is accessed, you will be charged only for bandwidth out of Pixhello. Accessing User Content that has not been cached will trigger a render on Pixhello, which incurs additional charges. Although Pixhello does not guarantee that any User Content will be cached, Pixhello will strive to cache your User Content for at least the lesser of (a) the amount of time you indicate you would like your User Content cached or (b) 30 days (the "Cache Period"). Pixhello will not charge you to render User Content during the Cache Period, even if the User Content has been removed from cache. Pixhello may cache User Content for longer than the Cache Period. If you do not use Pixhello for content delivery, then Pixhello will not cache your User Content, and every request to access such User Content will incur rendering charges. For purposes of the above, User Content hosted via the Hosted Services will be treated as though it has been cached by Pixhello.
Pixhello will provide you with a custom domain name that you may select for your Pixhello User Content (as defined below). You will have the opportunity to select an alternative domain name at any time. Pixhello does not guarantee the availability of any domain name. Pixhello reserves the right to change your domain name with 14 days' advance notice to you. If you do not change your domain name before the 14-day notice period expires, Pixhello will select an alternative domain name for you.
You retain all rights in images and other content that you upload to the Services, other than Feedback (as defined below), including messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, or other items or materials ("User Content").
You hereby grant Pixhello a non-exclusive, revocable license to use, store, display, reproduce, re-post, modify, create derivative works of (including through aggregation), perform the User Content, solely in the course of providing the Services and for its internal business purposes.
You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Services any of the following without the express prior written consent of Pixhello:
Pixhello reserves the right, but does not have the obligation, to monitor User Content and to block access to any User Content that violates these Terms or that Pixhello finds otherwise objectionable. You are solely responsible for creating backup copies of and replacing User Content at your sole cost and expense. If you remove any User Content from the Services, Pixhello may retain User Content for a commercially reasonable period of time for backup, archival, or audit purposes.
Pixhello reserves all rights not expressly granted in these Terms. Except for the license expressly stated in these Terms, you are not granted any rights in or to the Services by implication, estoppel, or other legal theory, and all rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by Pixhello. Pixhello reserves all right, title, and interest to and in all information, materials, and content (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content) that is not User Content (collectively "Pixhello Material"). Pixhello Material is protected in all forms, media, and technologies now known or later developed.
On the condition that you comply with these Terms, Pixhello hereby grants you a non-exclusive, non-transferable, revocable license to access the Services (including any Pixhello Material therein) solely for the purpose of enabling you to use the Service in the manner permitted by these Terms. If Pixhello, in its sole discretion, elects to provide any upgrade that replaces or supplement the original Services, this license will govern any such upgrade unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You are solely responsible for your conduct (and the conduct of anyone who uses the Services on your behalf) with respect to the Services, which you use at your own risk. Except as expressly permitted in writing by Pixhello, you will not do, and will not permit any third-party to do, any of the following:
If you violate (or are alleged to have violated) any of the foregoing restrictions, your license to use the Services will immediately and automatically terminate, and you may have infringed the rights of Pixhello, which may subject you to prosecution and damages.
Pixhello's name, Pixhello's trademarks, Pixhello's logos, and any other Pixhello product, service name, or slogan included in the Services are property of DGCAL and may not be copied, imitated, or used (in whole or in part) without DGCAL's prior written consent.
The look and feel of the Services, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of Pixhello and may not be copied, imitated, or used (in whole or in part) without Pixhello's prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services ("Third-Party Trademarks") are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by Pixhello and its licensors with such company or an endorsement or approval by such company of Pixhello or its licensors or their respective products or services.
Pixhello at its discretion, limit access to the Services and terminate the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes upon any copyright that you own or control, contact us.
If you knowingly misrepresent that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by Pixhello or the alleged infringer. Pixhello does not guarantee that it will have the capability to remove infringing content in its entirety, including infringing content that has been stored in a viewer's cache but may block the display of any infringing content.
Pixhello may review, improve, change, or discontinue (temporarily or permanently) the Services or any features, information, materials, or content on the Services. If Pixhello makes a material change to the Services, will notify you in advance, via email or through other communications channels, and give you the opportunity to terminate your use of the Services.
Pixhello may suspend or terminate your license to access or use the Services either immediately upon your breach of these Terms or for convenience with 10 days' advance notice. You can terminate your account with Pixhello sending an email to support@pixhello.com. You will no longer be able to access or use the Services following your termination or suspension. All payments or fees are due at the time of termination, with refunds and proration governed by the terms of Pixhello’s Payment Policy set forth at https://www.pixhello.com/en/payments. Pixhello will use commercially reasonable efforts to remove your User Content from the Services within 30 days of termination.
You acknowledge that User Content may be stored in a cache. Pixhello reserves the right but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination. Pixhello may recover its reasonable attorneys' fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended and after it is terminated. Except for the license granted to you to access and use the Services, all of the terms, conditions, and restrictions set forth in these Terms will survive termination of these Terms.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIXHELLO DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, THE PIXHELLO MATERIAL, AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT AND CONDITION OF TITLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIXHELLO DOES NOT WARRANT AND DISCLAIMS ALL LIABILITY FOR:
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PIXHELLO OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO, IF YOU USE OUR SERVICES FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
The User acknowledges that the services indicated are provided through the internet and therefore in online mode, relying on third-party services for both the hosting services and the CDN network.
The User relieves Pixhello from any liability in the event of problems of any kind relating to the Services and their non-resolution.
The User must independently monitor the services installed.
The User, once console is deactivated due to lack of credit or due to the expiry of the subscription, must to reconfigure and restore the system by himself.
In these cases, the User acknowledges and agrees that nothing will be required of Pixhello as compensation. Any damage caused by poor communication will be considered the User's responsibility.
Pixhello declines all responsibility in the event of unauthorized access to sites and/or to the machine capable of causing violations of the system, not guaranteeing the operation, integrity and restoration of data. In the event of a violation, the Staff will evaluate the possibility of recovery and will send the request to the sales department to estimate recovery costs.
Furthermore, Pixhello is not responsible for the implementation of any programs for integration with third-party databases that can cause problems of any kind. The same thing concerns the creation of ad hoc systems for interfaces with third-party software and nothing can be ascribed as regards congruency, availability that can produce misalignments or differences with third-party systems.
Pixhello strives to ensure that there is predictive control over many potential occurrences, both server-side and software-side (including cron and various automation) able to anticipate or detect unwanted problems in the bud.
This does not exclude the fact that negative occurrences may still occur and that precisely because of the impossibility of preventing all possible circumstances, due to the combination of a significant number of variables, no responsibility can be attributed to Pixhello for maintenance activities and carried out supervision. Any claim relating to damages for lost profit or emerging damages cannot be considered applicable.
The present Conditions and the access or use of the Services will be regulated, interpreted in conformity and enforced according to the laws of the Italian State. Any dispute arising or resulting from the interpretation or execution of this agreement will be settled by the Court of Palermo.
Pixhello will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding Pixhello or the Services that you provide, whether by email, posting through the Services, or otherwise ("Feedback"). For the avoidance of doubt, Feedback does not include any User Content that you upload for the sole purpose of utilizing the Services. Any Feedback you submit is non-confidential and will become the sole property of Pixhello. Pixhello will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send Pixhello Feedback if you expect to be paid or want to continue to own or claim rights in your Feedback. Pixhello also has the right to disclose your identity to any third-party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third-party, or breaches any agreement between you and any third-party.
Pixhello uses proprietary software to analyze images it processes. Whenever Pixhello processes an image for you, it observes, collects, and analyzes the metadata of the image. Pixhello may use this metadata it collects to learn more about the images it processes and help improve the Services. Pixhello also collects analytics data about images it caches and processes. For example, Pixhello may track how often images are accessed, performance data, and other such technical information. Pixhello reserves all rights in and to any metadata and analytics it collects in the course of providing the Services.
Pixhello may display content from third parties through the Services or may provide information about or links to third-party products or services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. Pixhello is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Services.
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Pixhello for the Services or for any other Pixhello product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Pixhello, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement. Nothing in these Terms creates or can be construed to create an employer/employee, joint venture, or partnership relationship between you and Pixhello. Except as otherwise expressly elsewhere in these Terms, there will be no third-party beneficiaries to these Terms. Pixhello's failure or delay in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof. If any provision of these Terms is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. Pixhello will not be liable for any loss or damage arising from any event beyond Pixhello's reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction. Headings of sections are for convenience only and will not be used to limit or construe such sections. As used in these Terms, "including" means "including (without limitation)." You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Pixhello. Pixhello may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
If you have any questions regarding the use of Pixhello, please email us at support@pixhello.com.