Terms Of Use

Welcome to the PixSpan Data Website Terms of Use

1. ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use (“Terms of Use”) create a contract between you (or, if applicable, your company or employer) (“you”) and PixSpan Data, Inc and its affiliates (“PixSpan Data” or “we”). These Terms of Use, together with any documents that these Terms of Use expressly incorporate by reference, govern your access to and use of www.pixspandata.com and all associated sites affiliated with www.pixspandata.com (collectively, “Website”), including without limitation any text, data, information, functionality, software, graphics, photographs, and other content (collectively, “Materials”) on the Website, as well as any services or functionality (collectively, “Services”) that PixSpan Data may make available or provide on the Website. Additional terms and conditions may also apply to specific portions, services, or features of the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE OR USING ANY MATERIALS OR SERVICES ON THIS WEBSITE. BY CHECKING THE “ACCEPT” BOX AND CLICKING THROUGH THE ACCEPTANCE INTERFACE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND BY THE TELESTREAM PRIVACY POLICY, INCORPORATED IN ITS ENTIRETY BY REFERENCE HEREIN. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THIS WEBSITE. THESE TERMS OF USE AND THE TELESTREAM PRIVACY POLICY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TELESTREAM (“AGREEMENT”) AND PUTS CONDITIONS ON YOUR USE OF THE WEBSITE, MATERIALS AND SERVICES.

This Website is offered and made available to users who are 16 years of age or older. If you are under 18 years of age, you may use the Website, Materials and Services only under the supervision of a parent or legal guardian. If you do not meet these requirements, you must not access or use this Website.

2. LICENSE TO USE THE WEBSITE

Subject to the terms and conditions of the Agreement, PixSpan Data hereby grants to you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to enter and use the Website, only for lawful purposes and in accordance with these Terms of Use (“Permitted Purposes”). Any other use of this Website beyond the Permitted Purposes is prohibited and constitutes unauthorized use of this Website. You are responsible for complying with these Terms of Use when you access this Website, whether directly or through any account that you may register through or on this Website.

Unauthorized use of this Website may result in violation of various United States and international laws. You agree not to use this Website in any illegal, improper, illegitimate or harassing manner, including without limitation:

• To stalk, harass, or cause harm to anyone else;
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Permitted Purposes;
• To stalk, harass, or cause harm to anyone else;
• To impersonate or attempt to impersonate any person or entity (including PixSpan Data or a PixSpan Data employee), another user, or otherwise misrepresent your affiliation with any person or entity;
• To interfere with or disrupt this Website or servers or networks connected to this Website;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website;
• To attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means;
• To attempt to interfere with the proper working of the Website or any Materials or Services provided on or through the Website;
• To attempt to violate or violate any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm PixSpan Data or users of the Website, or expose them to liability.

3. PRIVACY POLICY

You agree that all information you provide to register with this Website or otherwise, including but not limited to, through use of any interactive features of the Website, is governed by our Privacy Policy at https://pixspandata.com/privacy/, and you consent to all actions PixSpan Data takes with respect to your information that are consistent with the Privacy Policy.

4. LINKS TO THIRD PARTY SITES; SOCIAL MEDIA FEATURES

Certain areas of this Website may allow you to interact or conduct transactions with one or more third party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on this Website to be shared with your contacts in your third-party site account. We have no control over the contents of those other sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

This Website may provide certain social media features that enable you to link to certain content on this Website, send communications with certain content from this Website, or cause limited portions of content on this Website to be displayed on other sites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. PixSpan Data reserves the right to withdraw linking permission without notice, and to disable social media features and any links at any time without notice, in our discretion.

5. USER SUBMISSIONS

Certain areas of this Website may permit you to submit information, feedback, requests, data, text, software, messages, or other materials (each, a “User Submission”). All User Submissions must comply with the content standards set out in these Terms of Use. All User Submissions will be considered non-confidential and non-proprietary. PixSpan Data does not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent and warrant that:

You own all rights in your User Submission (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms of Use;

• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submission;
• Your User Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
• Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
• Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
• Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
• Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By providing any User Submission on the Website, you grant to us and our licensees, service providers, successors, and assigns, the irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sub-licensable through multiple tiers) to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, and otherwise disclose your User Submission (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service); and
• Display advertisements in connection with your User Submissions and to use your User Submission for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidentiality on the part of the recipient.

6. MONITORING AND ENFORCEMENT; TERMINATION

PixSpan Data has the right to:

• Remove or refuse to post any User Submissions for any or no reason in our sole discretion;
• Take any action with respect to any User Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates these Terms of Use of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for us;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS PIXSPAN DATA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. TRADEMARK RIGHTS

The PixSpan Data name, the PixSpan Data logo, PixMover, PixMover Platform, Bit Exact Round Trip and all related names, logos, product and service names, designs and slogans are registered or unregistered trademarks that belong to PixSpan Data or its affiliates. Unauthorized use is prohibited. Third-party trademarks, names and logos on this Website are the property of their respective owners.

8. COPYRIGHT INFRINGEMENT

If you believe that any User Submission violates your copyright, please provide written notice to our agent claims of copyright infringement:

Attn: DMCA Agent

Email: [email protected]

To be sure the matter is handled immediately, your written notice must:

• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Contain adequate information by which we can contact you (including postal address, telephone number, and email address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, we will be unable to address the listed concern.

9. SUBMITTING A DMCA COUNTER-NOTIFICATION

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

10. RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PixSpan Data, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PixSpan Data. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY MATERIALS, SERVICES AND GENAI FEATURES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY MATERIALS, SERVICES OR GENAI FEATURES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PIXSPAN DATA NOR ANY PERSON ASSOCIATED WITH PIXSPAN DATA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY MATERIALS, SERVICES, USER SUBMISSIONS, INPUTS, OUTPUTS, OR GENAI FEATURES. WITHOUT LIMITING THE FOREGOING, NEITHER PIXSPAN DATA NOR ANYONE ASSOCIATED WITH PIXSPAN DATA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY MATERIALS, SERVICES, INPUTS, OUTPUTS, OR GENAI FEATURES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, ITS CONTENT, OR ANY MATERIALS, SERVICES, INPUTS, OUTPUTS, OR GENAI FEATURES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, PIXSPAN DATA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL PIXSPAN DATA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE WEBSITE), OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SUCH PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.

YOU AGREE THAT THE CUMULATIVE LIABILITY OF PIXSPAN DATA AND ITS AFFILIATES, AND ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED: (A) THE AGGREGATE AMOUNTS PAID TO PIXSPAN DATA IN THE PREVIOUS SIX (6) MONTHS FOR THE APPLICABLE CONTENT, MATERIALS, OR SERVICES OUT OF WHICH THE LIABILITY AROSE, OR (B) IF NO SUCH AMOUNTS HAVE BEEN PAID, $1,000. THIS CAP IS CUMULATIVE FOR ALL CLAIMS (NOT PER INCIDENT) AND APPLIES COLLECTIVELY TO EACH PARTY AND ITS AFFILIATES.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless PixSpan Data, its affiliates, successors, assigns, agents, and licensors, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) (collectively, “Claim(s)”) arising out of or relating to: (a) your violation or alleged violation of any term or condition of this Agreement; (b) your use of the Website or of any information obtained from or through the Website, including, but not limited to, your User Submissions, Inputs, Outputs, any use of the Website’s content, Services, and products other than as expressly authorized in these Terms of Use; and (c) any violation of any rights of third parties caused by your acts or omissions. In connection with the foregoing, PixSpan Data will provide you with written notice of such third-party Claim(s), and you shall cooperate as reasonably required in the defense of any Claim. If you assume defense of the Claim, you will select legal counsel which is reasonably acceptable to PixSpan Data and not settle or otherwise resolve the Claim without PixSpan Data’s prior written consent. PixSpan Data may in its sole discretion choose to participate in the defense at its own cost with its own counsel. Any failure to perform any obligations under this Section 13 will not relieve a party of its obligations under this Section 13.

14. GEOGRAPHIC RESTRICTIONS

The owner of this Website is based in the state of California in the United States. PixSpan Data makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you use this Website outside the United States of America, you are solely responsible for compliance with local laws.

15. FEEDBACK

You acknowledge and agree that any feedback, ideas, suggestions or comments provided by you to PixSpan Data (collectively, “Feedback”) through any communication whatsoever will, to the maximum extent permissible under applicable laws, automatically become PixSpan Data’s sole property. By providing such Feedback, you acknowledge and agree that: (a) your Feedback does not contain proprietary or confidential information and is provided to PixSpan Data on a non-confidential basis; (b) PixSpan Data is not under any confidentiality obligation with respect to the Feedback; (c) PixSpan Data may use and disclose any Feedback for any purpose, in any media worldwide or may elect not to use it; and (d) PixSpan Data may (but is not obligated to) monitor areas on the Website where users may transmit or post Feedback.

16. GENERAL

All matters relating to this Website and the Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the state of California, without giving effect to any choice or conflict of law provision or rule of any other jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the state of California, in each case located in the city and county of Sacramento , California. You expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. By choosing not to enforce any term of the Agreement, we are not waiving our rights. The Agreement (and any amendment thereto) constitutes the entire agreement between you and PixSpan Data concerning its subject matter, and supersedes all prior or contemporaneous negotiations, discussions or agreements between the parties about this Website. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to render it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

17. CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website, along with the Materials and Services, are provided by PixSpan Data, Inc. If you have a question or complaint regarding the Website or Services, please contact PixSpan Data at [email protected]. You may also contact us by sending a letter to: 1020 Chestnut Street Burbank, CA 91506. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.