Terms Of Service

By signing up for the LightBurner service (“Service”) or any of the services of Pixamba (“Pixamba”), you are entering into an agreement with Pixamba Ltd. (“we”) and are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.lightburner.com/terms-of-service/. Pixamba reserves the right to update and change the Terms of Service by posting updates and changes to the Service website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Account Terms:

  1. You must be 18 years or older to use this Service.

  2. You must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process.

  3. You are responsible for keeping your password secure. Pixamba cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

  4. You may not use the Pixamba service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) or the laws of State of Israel.

  5. You are responsible for all activity and content (data, graphics, photos, links) uploaded under your Pixamba account.

  6. You must not transmit any worms or viruses or any code of a destructive nature.

  7. A breach or violation of any of the Account Terms as determined in the sole discretion of Pixamba will result in an immediate termination of your services.

General Conditions:

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service and the Privacy Policy before you may become a member of the Service.

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

  2. We reserve the right to refuse service to anyone for any reason at any time.

  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

  4. Pixamba does not warrant that the service will be uninterrupted, timely, secure, or error-free.

  5. Pixamba does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

  6. You understand that your Content may be transferred either encrypted or unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices and/or third part software.

  7. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous,
    defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.

  8. Pixamba does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the Service will be corrected.

  9. You expressly understand and agree that Pixamba shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

  10. In no event shall Pixamba be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  11. Technical support is only provided to paying account holders and is available via email.

  12. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Pixamba.

  13. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Pixamba customer, Pixamba employee, member, or officer will result in immediate account termination.

  14. We do not claim any intellectual property rights over the material you provide to the Pixamba service. All material you upload remains yours. You can remove your Pixamba materials at any time by deleting your account. This will also remove all content you have stored on the Service.

  15. You agree that Pixamba can, at any time, review all content submitted by you to this Service.

  16. The failure of Pixamba to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Pixamba and govern your use of the Service, superseding any prior agreements between you and Pixamba (including, but not limited to, any prior versions of the Terms of Service).

  17. You retain ownership over all content that you submit to a Pixamba account however, by making your workspace public or inviting others into your workspace, you agree
    to allow others to view your content.

  18. Questions about the Terms of Service should be sent to support at Pixamba dot com.

Payment of Fees:

  1. A valid PayPal account is required for any Service’ subscription.

  2. Your PayPal account is charged monthly, on the same day when you have signed up for the subscription.

  3. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Cancellation and Termination:

  1. You may cancel your account at anytime by sending an Account Cancellation request via a support form when you are logged in. You are solely responsible for cancelling your account. All your data will be deleted. Pixamba won’t be able to restore any data for a cancelled account. Cancellation of your LightBurner account cancels your subscription and you will not be charged anymore.

  2. Pixamba may also terminate this Agreement if your monthly fee is not paid. If your subscription fee is not paid, we will notify you and you will have 5 business days to issue the payment. If you fail to pay subscription fee the Service may be cancelled and all the information contained within your account accessed through the Service deleted permanently. Pixamba accepts no liability for information that is deleted due to the failure to pay subscription fees.

  3. Once your account is cancelled all of your content will be immediately deleted from the Service.

  4. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

  5. Fraud: Without limiting any other remedies, Pixamba may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or
    otherwise) have engaged in fraudulent activity in connection with the Service.

Modifications to the Service and Prices:

  1. Pixamba may modify prices at any time with no prior notice.

  2. Pixamba reserves the right at time to time to modify or discontinue the Service or any part thereof with or without notice.

  3. Pixamba shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Pixamba Privacy Policy:

Registration data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this Agreement by reference. The terms of our Privacy Policy may be found here. You represent and warrant to Pixamba that you have obtained all required consents with respect to any personal information provided by you to Pixamba in respect of your members, and that Pixamba may use such personal information for the purposes of contacting the members and operating the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PIXAMBA EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT.

(b) PIXAMBA WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, PIXAMBA IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, NON-AVAILABILITY, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE.

PIXAMBA DOES NOT WARRANT THAT

(i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,

(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND

(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIXAMBA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PIXAMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

(v) ANY OTHER MATTER RELATING TO THE SERVICE.

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