Terms of Website Use
Last Revised: May 8, 2018
This website is owned, operated and maintained by PixelMongers, LLC.
Throughout the site, the terms “we”, “us” and “our” refer to PixelMongers, LLC.
By visiting our website or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms”), including any additional terms referenced by hyperlinks. These Terms apply to all users of the site, including (without limitation) users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part shown in this agreement, you are agreeing to these Terms. If you do not agree to these Terms, you may not access tour website or use any of its services.
We offer this website for your use, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices shown in these Terms.
Viewing or use of our website by any person under eighteen (18) years of age is not intended and is prohibited. By using our website you affirm and represent you are at least eighteen (18) years of age, and aren't prohibited by the laws or regulations of your jurisdiction from using, accessing or ordering services from our website.
This site is intended for use only by citizens and residents of the United States.
A breach or violation of any of the Terms may result in an immediate termination of your Services, solely at our discretion.
We reserve the right to refuse access to our website or services provided by it to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted during transfer over networks.
You agree not to reverse engineer, reproduce, duplicate, copy, sell or resell any portion of our website, or the services provided under it, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Although significant effort is made by us to ensure the accuracy and completeness of the information provided on our website, we are not responsible if information made available on the website is not accurate, complete or current. Any reliance on the content provided from this website is at your own risk.
We reserve the right to modify the contents of our website at any time, but we
have no obligation to update any information on our website. You agree that it is your responsibility to monitor any changes to our website.
Our website incorporates an online store utilizing WooCommerce e-commerce software. WooCommerce provides us with the online platform that allows us to sell our products and services to you and collect funds from you via credit card and other payment methods. You agree we have permission to use any information you supply to us during the online purchasing process to complete purchasing transactions and deliver products or services to you.
Certain products or services may be available exclusively online through the website. These products or services may be of limited quantities and are subject to our Refunds Policy.
We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services and pricing are subject to change at any time without
notice, at our sole discretion. We reserve the right to discontinue or modify any service at any time. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Unless arranged for by a separate written agreement with us, third parties are prohibited from reselling our products and services. Therefore, we specifically reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Except where specifically stated in these terms, on the website or by separate agreement, we do not warrant that the services purchased or website content utilized by you will meet your expectations, or that any errors in the services or content will be corrected.
For the purposes of purchasing or ordering any goods or services via our website, you represent that you are at least the age of majority in your state or province of residence.
Refunds for services or products purchased via the website are governed by our Refund Policy.
MODIFICATIONS TO SERVICE AND PRICES
Prices for our products are subject to change without notice. However, subscription-based service and product prices will not be changed during the term for which they've been purchased and contracted.
We reserve the right at any time to modify or discontinue a Service (or any part or content thereof) without notice at any time.
We aren't liable to you or any third-party for any modification, price change, suspension or discontinuance of a Service.
BILLING AND ACCOUNT INFORMATION
You agree to make any purchases on our website using only your own name, and/or the name of your company, and not on behalf of a third party. You agree to provide current, complete and accurate purchase and contact information for all purchases made through our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if needed.
We may provide you with access to third-party tools, services or content which we don't monitor, control or provide data. Certain content and services available via our website may include embedded content from third-parties. In addition, third-party links on this site may direct you to external websites that are not affiliated with us.
You agree we aren't responsible for examining or evaluating any third-party content or websites for accuracy and we don't warrant and will not have any liability or responsibility for any other content, products or services of third-parties.
You acknowledge and agree that we provide access to such third-party content, products or services ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
Specifically, we aren't liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to the third-party.
Any use or reliance by you of any third-party tools or content offered through the site is entirely at your own risk and discretion and you should ensure that you're familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
If you send certain submissions such as ratings, comments or feedback; or you provide creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such content you provide to us.
You also agree we are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. This term applies whether we solicited the content from you or not.
We may, but have no obligation to, monitor, edit or remove any content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that any content submitted to us by you will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your submitted content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website or any third-party website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility
and assume no liability for any content submitted by you or any third-party.
INACCURACIES, OMISSIONS and ERRORS
Occasionally there may be information on our website containing typographical errors, inaccuracies or omissions that may relate to product and service descriptions, pricing, promotions, offers, shipping charges, licensing fees and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted an order).
We undertake no obligation to update, amend or clarify information on the website or on any third-party website, including without limitation, pricing information, except as required by law.
Unless specifically indicated, no change of date shown on our website should be taken to indicate that all information on the website has been modified or updated.
In addition to other prohibitions shown in these Terms, you are prohibited from using the website or its content:
- for any unlawful purpose
- to solicit others to perform or participate in any unlawful acts
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- to submit false or misleading information
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any third-party website or the Internet
- to collect or track the personal information of others
- to spam, phish, pharm, pretext, spider, crawl, or scrape (except for recognized search engines allowed by our ROBOTS.TXT file)
- for any obscene or immoral purpose
- to interfere with or circumvent the security features of our website, any third-party website or the Internet.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the website or services obtained through it will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the website or services obtained through it will be accurate or reliable.
You agree that we may remove the website from public view for limited or indefinite periods of time, or terminate its appearance, without notice to you.
Though significant effort is made by us to ensure accurate, complete and trouble-free content and operation of our website, you specifically agree your use of, or inability to use our website is at your sole risk. The website and all products and services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PixelMongers, LLC, our members, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our website or any
products or services procured from our website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our website or any content (or service) posted, transmitted, or otherwise made
available via our website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless PixelMongers, LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the content they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by (a) stopping the use of our website and ceasing to use any content you've obtained from it and/or (b) notify us you wish to cease using any services or product purchased through our website.
If, in our sole judgment, you fail or we suspect you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for any amounts due to us up to and including the date of termination; and/or accordingly may deny you access to our services and products.
The failure of us to exercise or enforce any right or provision of these Terms does not not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on our website, or in respect to the services offered via the website, constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms may not be construed against PixelMongers, LLC.
These Terms and any separate agreements we provide you related to products and services available via the website are governed by and construed in accordance with the laws of the State of Oklahoma.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about these Terms should be sent to us using either the contact form on our website, or by emailing us at: