Pixforus is the operator of this website. The terms "we", "us", and "our" refer to Pixforus throughout the site. As a user, you are offered this website, along with all the information, tools, and services available here, subject to your acceptance of all the terms, conditions, policies, and notices stated here.
When you visit our website or make a purchase from us, you are participating in our "Service" and consenting to abide by the terms and conditions outlined in this agreement ("Terms of Service", "Terms"). This includes any additional terms, conditions, and policies referenced or accessible through hyperlinks. These Terms of Service are applicable to all users of the website, including but not limited to browsers, vendors, customers, merchants, and content contributors.
Please ensure that you carefully review these Terms of Service prior to accessing or utilizing our website. By accessing or utilizing any portion of the site, you are acknowledging your agreement to be bound by these Terms of Service. If you do not agree to all the terms and conditions outlined in this agreement, you are not permitted to access the website or utilize any of its services. It is important to note that if these Terms of Service are deemed an offer, acceptance is explicitly restricted to these Terms of Service.
All newly added features or tools to the current store will be bound by the Terms of Service. You can always refer to the latest version of the Terms of Service on this page. We hold the right to modify, alter or substitute any part of these Terms of Service by publishing updates and/or changes on our website. It is your duty to regularly check this page for any changes. Your continued use or access to the website after any changes have been posted indicates your acceptance of those changes.
Our online store operates on the Shopify Inc. platform, which enables us to offer our products and services to you through an efficient e-commerce system.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence, or that you have reached the age of majority and have provided us with your consent to allow any of your minor dependents to use this site.
You are strictly prohibited from using our products for any illegal or unauthorized purposes, and you must comply with all applicable laws in your jurisdiction (including copyright laws) while using the Service.
It is strictly forbidden to transmit any worms, viruses, or any code that may cause harm.
Any violation or breach of the Terms will result in an immediate termination of your Services.
Please note that once an order is placed, it cannot be canceled as our automated system processes the orders.
SECTION 2 - GENERAL CONDITIONS
We retain the authority to decline service to any individual, without providing any justification, at any given moment. It is important for you to acknowledge that your content, excluding credit card details, may be transmitted without encryption and may undergo modifications to comply with the technical specifications of connecting networks or devices. However, rest assured that credit card information is consistently encrypted when being transferred across networks.
You are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Service, using the Service, or accessing the Service, as well as any contact on the website that provides the service, without obtaining our express written permission. The headings used in this agreement are solely for convenience and will not restrict or alter these Terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The accuracy, completeness, and currency of the information provided on this site are not our responsibility. The content on this site is intended for general informational purposes only and should not be solely relied upon or used as the primary source for decision-making without consulting more accurate, complete, or timely sources of information. Any reliance on the material on this site is done at your own risk.
The website may include specific historical details. It is important to note that historical information is not up-to-date and is solely provided for reference purposes. We retain the right to alter the content of this website at any given time, without any obligation to update the information. It is your responsibility to keep track of any changes made to our website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Our product prices are subject to alteration without prior notice. We retain the authority to modify or terminate the Service (including any portion or content) at any given time without prior notification. Any adjustments in price, suspension, or termination of the Service will not hold us liable to you or any third-party.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Please note that certain products or services may only be available for purchase online through our website. These items may have limited quantities and can only be returned or exchanged in accordance with our Return Policy.
We have made every effort to accurately display the colors and images of our products on our website. However, we cannot guarantee that the colors will be accurately represented on your computer monitor.
We have the right, but are not obligated, to limit the sale of our products or services to certain individuals, geographic regions, or jurisdictions. This decision may be made on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services that we offer. Please note that all product descriptions and pricing are subject to change without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Please be aware that any offers for products or services made on our website are void where prohibited.
We do not provide a warranty that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations. Furthermore, we cannot guarantee that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the authority to decline any order you make with us. We have the discretion to restrict or cancel the quantities purchased per person, per household, or per order. These limitations may apply to orders placed by the same customer account, the same credit card, and/or orders that utilize the same billing and/or shipping address. If we decide to modify or cancel an order, we will make an effort to inform you by reaching out to the email and/or billing address/phone number provided at the time of purchase. We also hold the right to restrict or prohibit orders that, in our sole judgment, seem to be placed by dealers, resellers, or distributors.
You are required to furnish up-to-date, comprehensive, and precise purchase and account details for all transactions conducted at our store. It is essential that you promptly update your account and other relevant information, such as your email address, credit card numbers, and expiration dates, to ensure the smooth completion of your transactions and enable us to contact you when necessary.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may grant you access to third-party tools, but we do not monitor or have control over them. It is important to note that we provide access to these tools "as is" and "as available," without any warranties or endorsements. We are not liable for any issues that may arise from your use of these optional third-party tools. It is your responsibility to familiarize yourself with and agree to the terms provided by the relevant third-party provider(s) before using these tools. Additionally, any new services or features offered through our website in the future will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may offer content, products, and services that contain materials from third-party sources. Please be aware that any third-party links on our site may lead you to websites that are not affiliated with us. We do not assume responsibility for examining or evaluating the accuracy or content of these third-party materials or websites, nor do we guarantee their quality or safety. Any transactions made with third-party websites are done at your own risk, and we are not liable for any damages or harm that may result. Before engaging in any transaction, please carefully review the policies and practices of the third-party and ensure that you fully understand them. If you have any complaints, claims, concerns, or questions regarding third-party products, please contact the third-party directly.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you choose to send us specific submissions upon our request (such as contest entries), or if you voluntarily send us creative ideas, suggestions, proposals, plans, or any other materials, whether through online platforms, email, postal mail, or any other means (collectively referred to as 'comments'), you hereby agree that we have the right to edit, copy, publish, distribute, translate, and utilize these comments in any medium, without any restrictions. We are not obligated to keep these comments confidential, provide compensation for them, or respond to them.
We retain the right to monitor, edit, or delete content that we deem, at our sole discretion, to be illegal, offensive, menacing, defamatory, pornographic, obscene, objectionable, or in violation of any party's intellectual property rights or our Terms of Service.
It is acknowledged that your comments must not infringe upon any third-party rights, such as copyright, trademark, privacy, personality, or any other personal or proprietary right. Additionally, your comments must not contain any defamatory or illegal content, abusive or obscene material, or any computer virus or malware that could potentially disrupt the Service or any associated website. You are prohibited from using a fake email address, impersonating someone else, or deceiving us or third-parties regarding the source of any comments. You are solely responsible for the accuracy and content of any comments you make. We are not liable for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is subject to the regulations outlined in our Privacy Policy. To access and review our Privacy Policy, please click here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
At times, there could be errors, inaccuracies or omissions in the information provided on our website or through our Service, which may pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We hold the right to rectify any such errors, inaccuracies or omissions, and to modify or update information or cancel orders if any information on the Service or any associated website is found to be incorrect, without any prior notice (even after you have placed your order).
We do not have any responsibility to revise, modify, or explain any information on the Service or any associated website, such as pricing information, unless it is mandated by law. The absence of a particular update or refresh date on the Service or any associated website should not be interpreted as an indication that all information on the Service or any associated website has been altered or updated.
SECTION 12 - PROHIBITED USES
In addition to the other restrictions outlined in the Terms of Service, the use of the site or its content is strictly prohibited for the following reasons: (a) engaging in any illegal activities; (b) soliciting others to participate in unlawful acts; (c) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon our intellectual property rights or the rights of others; (e) engaging in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other malicious code that may disrupt the functionality or operation of the Service, related websites, or the Internet; (h) collecting or tracking personal information of others; (i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) using the service for any obscene or immoral purposes; or (k) interfering with or bypassing the security features of the Service, related websites, or the Internet. We retain the right to terminate your access to the Service or any related website if you violate any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot assure, depict, or ensure that your utilization of our service will be continuous, punctual, protected, or flawless. We do not guarantee that the outcomes that may be achieved from utilizing the service will be precise or dependable.
You acknowledge and accept that there may be occasions when we need to temporarily suspend the service or terminate it altogether, without prior notice to you. It is explicitly agreed that your utilization of, or inability to utilize, the service is entirely at your own risk. The service, along with all the products and services provided to you through it, are offered "as is" and "as available" for your use, unless otherwise stated by us. There are no guarantees, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances will Pixforus, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be held liable for any form of injury, loss, claim, or damages of any kind, including but not limited to direct, indirect, incidental, punitive, special, or consequential damages. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, regardless of whether they arise from contract, tort (including negligence), strict liability, or any other legal theory, resulting from your use of the service or any products obtained through the service. Furthermore, we shall not be held responsible for any claims related to your use of the service or any product, including but not limited to errors or omissions in content, or any loss or damage incurred as a result of using the service or any content (or product) posted, transmitted, or made available through the service, even if we have been advised of the possibility of such damages. However, please note that in certain states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability will be limited to the maximum extent allowed by law.
SECTION 14 - INDEMNIFICATION
You are responsible for compensating, safeguarding, and absolving Pixforus, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable legal fees, made by any third party as a result of or in connection with your violation of these Terms of Service or the documents they reference, or your infringement of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
Should any provision of these Terms of Service be found to be illegal, invalid, or unenforceable, it will still be enforced to the maximum extent allowed by law. The unenforceable part will be considered removed from these Terms of Service, but this decision will not impact the validity or enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The responsibilities and debts of the parties that were acquired before the termination date will continue to exist even after the termination of this agreement, serving all intended purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
In the event that you do not meet our standards, or if we have reason to believe that you have not met our standards, in adhering to any term or condition stated in these Terms of Service, we reserve the right to terminate this agreement without prior notice. You will still be responsible for any outstanding payments up until the termination date. Additionally, we may choose to restrict your access to our Services (or any portion thereof) as deemed appropriate.
SECTION 17 - ENTIRE AGREEMENT
The neglect on our part to utilize or implement any entitlement or stipulation of these Terms of Service will not be considered as a relinquishment of said entitlement or stipulation.
The complete agreement and comprehension between you and us regarding the use of the Service is comprised of these Terms of Service and any policies or operating rules posted on this site or related to The Service. This agreement supersedes any previous or current agreements, communications, and proposals, whether written or oral, between you and us, including any previous versions of the Terms of Service.
The drafting party shall not be construed against in case of any uncertainties in the interpretation of these Terms of Service.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 425 Talbart Street, Martinez, CA 94553
SECTION 19 - CHANGES TO TERMS OF SERVICE
You have the option to examine the latest edition of the Terms of Service on this page at any given time.
We retain the authority, at our exclusive discretion, to modify, alter, or substitute any section of these Terms of Service by publishing updates and revisions on our website. It is your duty to regularly review our website for any modifications. Your ongoing utilization or access to our website or the Service subsequent to the publication of any alterations to these Terms of Service signifies your acceptance of those modifications.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at care@pixforus.com.