Terms of Use - Educator version

Last Update: July, 2024

Welcome to Pixton (Educator version)! The following terms of use and end user license agreement (the “Terms of Use”) constitute an agreement between you, or if you are under the age of majority in your local jurisdiction, you, with the consent of your parent or legal guardian (collectively, “user”, “you” or “your”) and Pixton Comics Inc. and its affiliates and subsidiaries (collectively, “Pixton”, “our”, “us” or “we”). These Terms of Use govern your use of and access to the Site, Content and/or Services (each as specified below).

For the purposes of these Terms of Use:

“Content” means any expression fixed in a tangible medium and includes, without limitation, ideas, text, graphics, avatars, designs, presets (including but not limited to: backgrounds, scene configurations, characters, outfits, body poses, facial expressions, color filters, overlays, effects), combinations of presets, drawings, logos, images, trademarks, copyrights, information, software, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.

“Educator” means a teacher or individual employed by an educational institution, or the educational institution itself.

“Pixton Content” means all Content that is not User Generated Content.

“Services” means creation of avatars, characters and scenes with accompanying text for a comic strip accessed through the Site, as well as access to preset Content including but not limited to: backgrounds, scene configurations, characters, outfits, body poses, facial expressions, color filters, overlays, effects.

“Site” means www.pixton.com, app.pixton.com. and other affiliated subdomains of pixton.com.

“Student” means a student who enrolls in a Student Sub-Account upon an Educator’s provision of a registration code or link.

“User Generated Content” or “UGC” means any material whatsoever, including comics, that a user, including you, submits, creates, transfers or otherwise makes available by access to the Site or through the Services, including but not limited to ideas, information, images, data, text, graphics, designs, drawings or other Content posted in any area within the Site or through the Services.

Acceptance of Terms and Revisions

You should carefully review these Terms of Use and, if you do not agree with them, you are not permitted to access or use the Site, Content and/or Services and you should exit the Site, cease using the Site, Content and/or Services immediately and, if you have downloaded or installed any of the Content on to your devices, uninstall the Content from such devices immediately.

By accessing the Site, submitting information to us (regardless of whether you register an account or Student Sub-Account with us) or downloading, installing or using any of the Content or Services you accept the terms of this Terms of Use. If you do not accept the terms of this Terms of Use you must not submit information to or register an account or Student Sub-Account with Pixton, access the Site or download, install or use any of the Content or Services.

We reserve the right, acting in our sole discretion, to revise this Terms of Use at any time. We will give you notice of such revisions by posting the revised Terms of Use at https://www.pixton.com/terms-of-use/educators. If we make a material change to this Terms of Use we may, in our sole discretion, notify Educators by email of such changes to this Terms of Use. It is your responsibility to ensure that you are aware of the current Terms of Use when you access or use the Site and/or Services. If you continue to access or use any of the Site and/or Services after any revisions to this Terms of Use are posted you will be deemed to have accepted those revisions.

PARENTS AND LEGAL GUARDIANS OF MINORS/PERMITTED MINORS

Pixton requires that all users of the Site, Content and/or Services adhere to these Terms of Use. If you are under the age of majority in your local jurisdiction and your parent or legal guardian has not consented to your access and use of the Site, you are not permitted to access or use the Site, Content and/or Services and you must exit the Site, cease using the Site, Content and/or Services immediately until your parent or legal guardian has consented to your use and access to the Site, Content and/or Services.

By accessing or using the Site, Content and/or Services and/or, as an Educator, permitting access to the Site, Content and/or Services by a Student below the age of majority in your local jurisdiction (each a “Permitted Minor”), you confirm your acknowledgment and acceptance of these Terms of Use, you confirm that you have obtained the necessary consents from each student’s parent and/or legal guardian regarding the Student’s use and access to the Site, and you hereby guarantee that such Permitted Minor shall adhere to these Terms of Use.

If you are a Permitted Minor or otherwise under the age of majority in your local jurisdiction, you represent and warrant that your parent or legal guardian has consented to your use and access to the Site.

CONSIDERATION

For avoidance of doubt, you acknowledge that your acceptance of these Terms of Use is supported by good and valuable consideration including, but not limited to, the limited license granted in these Terms of Use, and you hereby acknowledge the receipt and sufficiency of such consideration.

HARDWARE, SOFTWARE AND CONNECTIVITY

You are responsible for providing all equipment and software, including maintaining an account with any social networking service through which you connect to the Site and/or the associated products and services, necessary to connect to the Site and access the associated products and services, and you are responsible for any fees, including internet connection, mobile data services and similar third party fees that you incur when accessing the Site.

SUGGESTIONS AND FEEDBACK

You agree that any and all feedback that you may provide to Pixton, whether solicited or unsolicited, as a Educator Account holder or otherwise, (“Feedback”) will be owned by Pixton, without providing compensation to you or any other person and without any liability whatsoever, including all intellectual property rights therein and you hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to Pixton and waive any and all associated moral rights you may have therein. Upon request from Pixton and at Pixton's expense, you will fully cooperate and assist with, execute and deliver all further documents to enable Pixton to document, acquire, apply for, prosecute, perfect or enforce any intellectual property rights in the Feedback. If for any reason Pixton is unable to secure any necessary documentation from you to effect the foregoing further assurances, then you irrevocably designate and appoint Pixton and its duly authorized officers and agents as agent and attorney in fact, to act for and on your behalf for the purpose of documenting, acquiring, applying for, prosecuting, perfecting or enforcing such intellectual property rights in the Feedback.

DATA COLLECTION AND OWNERSHIP

Pixton may collect data which is anonymous and associated with your computer which includes, but is not limited to, your country, actions you take within the Content and Services, your operating system, the browser you use, the date and time of your use of the Content and Services, activities and/or purchases (“Usage Data”). You agree that your contribution to the Usage Data will be owned by Pixton without providing compensation to you or any other person and without any liability whatsoever. Usage Data does not include any personal information.

LAWS AND REGULATIONS

Your access to and use of the Site, Content and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.

Specifically, Pixton intends to comply with relevant privacy laws in the jurisdiction of any particular user, including:

Canada

Canada: the Personal Information Protection and Electronic Documents Act (“PIPEDA”)
Alberta: the Freedom of Information and Protection of Privacy Act (“FOIP”)
British Columbia: the Personal Information Protection Act (“PIPA”)
Manitoba: the Freedom of Information and Protection of Privacy Act (“FIPPA”)
Newfoundland: the Access to Information and Protection of Privacy Act
New Brunswick: the Right to Information and Protection of Privacy Act
Northwest Territories: the NWT Access to Information and Protection of Privacy Act
Nova Scotia: the Freedom of Information and Protection of Privacy Act (“FOIPOP”)
Nunavut: the Nunavut Access to Information and Protection of Privacy Act
Ontario: the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”)
Prince Edward Island: the Freedom of Information and Protection of Privacy Act
Québec: Law 25 / Bill 64
Yukon: the Access to Information and Protection of Privacy (“ATIPP”)
Saskatchewan: the Freedom of Information and Protection of Privacy Act (“FOIP”)

The United States

United States: the Children’s Online Privacy Protection Act (“COPPA”); the Family Educational Rights and Privacy Act (“FERPA”)
California: the California Consumer Privacy Act (“CCPA”); the Student Online Personal Information Protection Act (“SOPIPA”)
Colorado: the Colorado Privacy Act (“CPA”)
Connecticut: the Connecticut Data Privacy Act (“CTDPA”)
Delaware: the Delaware Personal Data Privacy Act
Georgia: the Georgia Consumer Privacy Protection Act
Hawaii: the Hawaii Consumer Data Protection Act
Illinois: the Student Online Personal Protection Act (“SOPPA”)
Indiana: the Indiana Consumer Data Protection Act
Iowa: the Iowa Consumer Data Protection Act
Kentucky: the Kentucky Consumer Data Act
Louisiana: the Louisiana Consumer Privacy Act
Maine: the Maine Consumer Privacy Act; Data Privacy and Protection Act
Maryland: the Maryland Online Data Privacy Act
Massachusetts: the Massachusetts Data Privacy Act
Michigan: the Michigan Personal Data Privacy Act
Minnesota: the Minnesota Consumer Data Privacy Act
Montana: the Montana Consumer Data Privacy Act
Nebraska: the Nebraska Data Privacy Act
New Hampshire: the New Hampshire Privacy Act
New Jersey: the New Jersey Privacy Act
New York: Education Law Section 2-D (“Ed 2d”)
North Carolina: the North Carolina Consumer Privacy Act
Ohio: the Ohio Personal Privacy Act
Oregon: the Oregon Consumer Privacy Act
Pennsylvania: the Pennsylvania Consumer Data Privacy Act
Rhode Island: the Rhode Island Data Transparency and Privacy Protection Act
Tennessee: the Tennessee Information Protection Act
Texas: the Texas Data Privacy and Security Act
Utah: the Utah Consumer Privacy Act (“UCPA”)
Vermont: the Vermont Data Privacy Act
Virginia: the Virginia Consumer Data Protection Act (“VCDPA”)
West Virginia: the Consumer Data Protection Act
Washington: the Student User Privacy in Education Rights (“SUPER”) Act
Wisconsin: the Wisconsin Data Privacy Act

International

European Union: GDPR
United Kingdom: UK GDPR
Australia: the Privacy Act 1988 and Privacy Principles of Australia (“APP”)
New Zealand: the Privacy Act 2020 and Privacy Principles of New Zealand

INTELLECTUAL PROPERTY RIGHTS

The trade-marks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site are the property of Pixton. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of Pixton, which permission may be withheld in the sole discretion of Pixton. All information and content available on or through the Site, Content and/or Services is protected by copyright and/or other intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial and/or public purposes.

LIMITED LICENSE

GRANT OF LIMITED LICENSE

Subject to your strict compliance with these Terms of Use, Pixton hereby grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site, and (ii) Content and/or Services which you have downloaded, installed, purchased or subscribed for, as applicable, only for non-commercial purposes unless you have received permission in writing from Pixton. YOU AND YOUR STUDENTS SHALL RETAIN OWNERSHIP OF YOUR USER GENERATED CONTENT, SUCH AS ORIGINAL STORYLINES AND TEXT. Otherwise, you shall not acquire any ownership rights in any of the Pixton Content, Services or the Site. Except as expressly permitted under these Terms of Use, you will have no rights to, either directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site, Content and/or Services, disclose any part or feature of the Site, Content and/or Services that Pixton has not publicly disclosed, or to display, distribute, publicly perform or any other way exploit the Site, Content, Services or the Content in whole or in part. You acknowledge and agree that we may modify, suspend or remove any Content or features of the Site, Content and/or Services at any time and from time to time acting in our sole and absolute discretion. Both Educator Account holders and Student Sub-Account holders are granted a License.

LICENSE TERM

The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of your disposal of the Content and/or Services or Pixton’s suspension or cancellation of your Account (defined below). Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site, Content and/or Services or you otherwise breach these Terms of Use.

USER ACCOUNTS

In order to access and use certain features of the Site, Content and/or Services you will be required to register an account (the “Account”) through the Site, Content or Services as an Educator, or a Student Sub-Account as a Student user. When you register or update an Educator Account, you will be required to provide us with certain personal information, which may include your name and email address. This information will be retained and used by Pixton in accordance with its Privacy Policy (as amended from time to time, the “Privacy Policy”), which is incorporated by reference into and forms part of these Terms of Use. You agree that all information provided by you will be accurate and complete and that you will promptly update such information if and when it changes.

DESPITE ANY OTHER PROVISION IN THESE TERMS OF USE TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP OR OTHER PROPERTY RIGHT IN YOUR ACCOUNT(S) OR STUDENT SUB-ACCOUNT(S), AS SUCH.

YOU MAY NOT SELL, ASSIGN, TRANSFER, SUBLICENSE, CONVEY OR SHARE WITH ANY OTHER PERSON ANY USER NAMES OR ACCOUNTS OR STUDENT SUB-ACCOUNTS REGISTERED BY YOU AND ANY ATTEMPT TO DO SO WILL ENTITLE PIXTON, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CANCEL OR SUSPEND YOUR ACCOUNT AND, IN SUCH EVENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF FEES PAID TO PIXTON BY YOU OR TO ANY OTHER DAMAGES IN RESPECT THEREOF.

TYPES OF ACCOUNTS

There are two types of account you can register on the Site. An educator Account (“Educator Account”) which allows a user to access all of the Services, including creating a classroom on the Site and managing the accounts of your students (the “Student Sub-Accounts”). To register a Student Sub-Account, you must receive a registration code or link (the “Student Login Link”) from an Educator Account user. Permitted Minors are only permitted to register Student Sub-Accounts. ANY EDUCATOR WHO PRESENTS A CLASSROOM CODE TO A STUDENT FOR A STUDENT TO REGISTER A STUDENT SUB-ACCOUNT LINKED TO THE EDUCATOR'S ACCOUNT (AND ALL SUCH STUDENT SUB-ACCOUNTS ARE LINKED TO AN EDUCATOR'S ACCOUNT) HEREBY REPRESENTS AND WARRANTS THAT THE EDUCATOR HAS OBTAINED THE NECESSARY CONSENTS FROM THE PARENT OR LEGAL GUARDIAN OF EACH STUDENT AS REQUIRED UNDER THIS TERMS OF USE AND PIXTON'S PRIVACY POLICY.

LOGIN INFORMATION

When you register an Educator Account, you will use Google, Microsoft, or Clever Single Sign-on and you will be required to permit the Site to access basic information about you, including your name (if any provided through Single Sign-on) and email address, and to grant express consent to Pixton to contact you by way of the email address provided (the “Login Information”).

When you register a Student Sub-Account, you will do so upon the provision of a Student Login Link by your teacher. You will use Google or Microsoft Single Sign-on, or the unique username provided to you by your teacher, and the name (if any provided through Single Sign-on) and email address associated with your Google or Microsoft account, if applicable, will be shared with the Site. If you register a Student Sub-Account you will not be required to provide your real name or any personal information. PIXTON WILL NEVER ATTEMPT TO CONTACT STUDENT SUB-ACCOUNT HOLDERS BY EMAIL.

You are responsible for protecting the confidentiality of your Account password and elected Student Login Link(s), and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your password(s), elected Student Login Link(s) or your Account(s), or any other security breach involving your Account(s) or the Site, Content and/or Services at support@pixton.com. We are not responsible for any unauthorized access of your Account(s) or password(s) even if you have advised us of such. You are responsible for all activities that occur under your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you.

ACCESSING YOUR ACCOUNT(S)

Each time that you and/or a Permitted Minor log into and access an Account or Student Sub-Account, you represent and warrant that:

(a) you are the person who registered the Account or Student Sub-Account or are a Permitted Minor of such person;

(b) for Educator Accounts only, all of the personal information registered in connection with the Account is current, complete and accurate. We do not want Students to provide us with personal information;

(c) you and/or the Permitted Minor are accessing the Site and using the Content and/or Services solely for lawful purposes and in strict compliance with these Terms of Use;

(d) you and/or any Permitted Minor are accessing the Site, Content and/or Services solely for your own personal, non-commercial purposes, unless you have written permission otherwise from Pixton;

(e) you are not, and are not acting on behalf of, any competitor or prospective competitor of Pixton or its affiliates or subsidiaries;

(f) you and/or any Permitted Minor are not accessing the Site, Content and/or Services for the purposes of any dispute or litigation involving Pixton or its affiliates or subsidiaries;

(g) you and/or any Permitted Minor are not accessing the Site, Content and/or Services for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose; and

(h) you and/or any Permitted Minor will logoff and exit the Account at the end of each session.

UNAUTHORIZED ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Site, Content and/or Services is restricted to authorized users only. Unauthorized individuals attempting to access the Site and/or these areas of the Site, Content and/or Services may be subject to criminal or civil prosecution or both.

INFORMATION COLLECTION AND USE

PRIVACY

By accessing or using the Site, Content and/or Services and/or permitting access to the Site, Content and/or Services by a Permitted Minor, or otherwise accepting or agreeing to these Terms of Use, you fully and completely agree to the terms and conditions of Pixton’s Privacy Policy and to any terms and conditions incorporated therein by reference. Pixton’s Privacy Policy sets out how, why and to what extent Pixton collects and uses your personal and non-personal information in connection with your access to or use of the Site, Content and/or Services. Pixton’s Privacy Policy, as amended from time to time, is available at https://www.pixton.com/privacy-policy/educators.

By accessing or using the Site, Content and/or Services and/or permitting access to the Site, Content and/or Services by a Permitted Minor, or otherwise accepting or agreeing to these Terms of Use, you fully and completely agree to the terms and conditions of Pixton’s Data Processing Addendum and to any terms and conditions incorporated therein by reference. Pixton’s Data Processing Addendum sets out how you and Pixton intend to comply with applicable data processing, privacy and personal information laws, including permissions for Pixton to process personal information. The Data Processing Addendum, as amended from time to time, is available at https://www.pixton.com/data-processing-addendum.

TRANSMISSION OF PERSONAL DATA

You acknowledge and agree that by providing Pixton with any personal or proprietary user information through the Site, Content and/or Services you consent to the transmission of such personal or proprietary user information over international borders as may be necessary for processing in accordance with Pixton’s standard business practices.

USE OF “COOKIES”

Pixton reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Site and the user’s experience to reflect users’ preferences only if it is allowed under the laws of your jurisdiction. The Privacy Policy provides additional information regarding Pixton’s use of cookies as well as procedures for disabling cookies.

USER GENERATED CONTENT

You may choose to share UGC outside of the Site through the “Share”, “Print”, and/or “Download” links on the Site.

Pixton is under no obligation to review any material whatsoever including but not limited to information, images, comics or other user generated content shared by you or any other users and assumes no responsibility or liability relating to any such UGC. Notwithstanding the above, Pixton may from time to time monitor, and/or engage a third party to monitor, the UGC and it shall be a material violation of these Terms of Use for you and/or any Permitted Minor to share or attempt to share any UGC that contains or represents, as determined by Pixton acting in its sole discretion:

(a) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, discriminatory (based on race, sex, religion, nationality, disability, sexual orientation or age) or otherwise objectionable material of any kind, including, but not limited to, any material which (i) is criminal or which encourages conduct that would constitute a criminal offence, (ii) gives rise to civil liability, (iii) constitutes an invasion of privacy, (iv) otherwise violates any applicable local, state, provincial, national or international law or (v) otherwise harms or can reasonably be expected to create a significant risk of harm to any person or entity;

(b) advertisements, solicitations or commercial messages or materials of any kind (whether for profit or not);

(d) personal information such as messages or text within comics which state phone numbers, government issued identification numbers, account numbers, addresses, or employer references;

(e) unauthorized messages purporting to be issued by employees or agents of Pixton it affiliates or subsidiaries and purporting to speak on behalf of Pixton it affiliates or subsidiaries or containing confidential information or expressing opinions concerning Pixton its affiliates or subsidiaries;

(f) materials that offer or encourage unauthorized downloads of any copyrighted or private information or which otherwise infringe or violate any right of a third party including, but not limited to, intellectual property rights, privacy rights, contractual rights, and confidentiality rights;

(g) materials which are antisocial, disruptive; or

(h) materials which in any way transmit any file that contains a virus, corrupted data, Trojan horse, keystroke logger, worm, time bomb, or other programming routines which are capable of tampering with, impairing, damaging, surreptitiously intercepting or mining, scraping or expropriating any system, data or personal information from the Site, Content and/or Service or connected network, and/or which disrupts the use and enjoyment of any of the Site, Content and/or Services or connected network by any person or entity.

E-COMMERCE TRANSACTIONS

You acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of money. Payments can only be made by users with Educator Accounts. Student Sub-Account users are not permitted to make purchases, even if the Student is of the age of majority. All payments must be remitted through an account of a payment provider or processor approved by Pixton and you agree to abide by the terms and conditions applicable to that payment method. When you provide any payment account information to Pixton, you represent to Pixton that you are the authorized user of that payment account. Pixton’s approved third party payment provider or processor will automatically charge your chosen method of payment on a recurring basis for applicable fees in relation to your Account(s), plus any applicable taxes we are required to collect, where you authorize us to do so. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S). YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US AND/OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT(S) AND/OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT IS NOT REFUNDABLE IN WHOLE OR IN PART AND UNDER ANY CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OR SUSPENSION OF YOUR ACCOUNT(S) FOR ANY REASON, TERMINATION OF THESE TERMS OF USE AND/OR INTERRUPTION OR DISCONTINUATION OF THE SITE, SOME OR ALL OF THE CONTENT AND/OR SERVICES, EXCEPT AT THE SOLE DISCRETION OF PIXTON. If you choose a recurring subscription or membership to the Site, Content and/or Services, you acknowledge that payments will be processed automatically until you cancel the subscription or the applicable Account(s). In all cases, your order will represent your offer to Pixton to acquire a license to the Content and/or Services ordered, which offer will be deemed to have been accepted by Pixton on the earlier of (i) the appearance and availability for use of that Content and/or Service through your Account(s) or (ii) when your payment account is charged.

When you sign up for a recurring subscription, membership or other ongoing Content and/or Services, you have the right to cancel the recurring arrangement in writing within seven (7) calendar days after you first entered into the recurring arrangement and you will receive a full refund of any fees paid within thirty (30) days. The period for any auto-renewal or recurring arrangement will be the same as the period you originally ordered unless otherwise disclosed to you at the time of purchase. The charges made in connection with any auto-renewal or recurring arrangements will also be at the same rates as were in effect at the time of your original order unless Pixton gives you prior notice of any change to such charges before such charges are made for any subsequent renewal period. If you cancel an auto-renewal or recurring arrangement after the seven (7) day cancellation period or after you have accessed, downloaded, installed or used the Content and/or Services you ordered, you will not be entitled to a refund and the cancellation will be effective at the end of the then current recurring period unless you request an earlier termination date in writing. Cancellation requests must be submitted by email to Pixton at: support@pixton.com.

WARRANTIES AND LIMITATION OF LIABILITY

NO WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT AND SERVICES ON OR THROUGH THE SITE, CONTENT AND/OR SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PIXTON DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, CONTENT, SERVICES BY ANY PARTY OTHER THAN PIXTON. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.

LIMITATION OF LIABILITY FOR USE OF THE SITE AND CONTENT

THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND DESCRIPTIONS OF CONTENT AND/OR SERVICES PUBLISHED ON THE SITE, OR INCLUDED IN THE CONTENT OR SERVICES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, PIXTON SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE OR CONTAINED IN THE CONTENT OR SERVICES. PIXTON MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, CONTENT AND/OR SERVICES AT ANY TIME.

YOU AGREE THAT PIXTON, ITS AFFILIATES AND SUBSIDIARIES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, LOSS, ACCIDENT OR DEATH OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, CONTENT, SERVICES OR FOR ANY DELAY OR INABILITY TO USE THE SITE, CONTENT, SERVICES EVEN IF PIXTON IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT, DEATH OR DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE CONTENT AND/OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. PIXTON CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, CONTENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL PIXTON BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO PIXTON.

APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF PIXTON FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO PIXTON.

VIOLATIONS OF TERMS OF USE

You agree and acknowledge that Pixton may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of the Services, or any portion thereof, and/or cancel your Account if Pixton reasonably believes that you and/or a Permitted Minor have failed to strictly comply with these Terms of Use or that the use of the Site by you and/or a Permitted Minor violates the rights of any third party or any applicable laws. In addition to the foregoing, Pixton reserves the right to pursue all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Site. You agree and acknowledge that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of Pixton’s other remedies, you hereby consent to, and authorize Pixton to obtain, an injunction or other equitable relief from any court of competent jurisdiction. You further authorize Pixton to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.

INDEMNIFICATION

AS PERMITTED BY LAW, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PIXTON, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS AND ASSIGNS (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR AND/OR A PERMITTED MINOR’S VIOLATION OF ANY OF THESE TERMS OF USE, (II) YOUR AND/OR A PERMITTED MINOR’S USE OR MISUSE OF THE SITE, CONTENT AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO YOUR AND/OR A PERMITTED MINOR’S PERSONAL INJURY OR DEATH (III) AND/OR YOUR AND/OR ANY PERMITTED MINOR’S VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS.

WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.

UPDATES AND AMENDMENTS

UPDATES AND DISCONTINUANCE OF SITE, SOFTWARE OR SERVICES

You acknowledge and agree that the Site, Content and Services are under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site, Content and/or Services from time to time in order to continue to access the Site, Content and/or Services and your related Account(s). You acknowledge and agree that Pixton may update, modify, patch and/or discontinue any aspect of the Site, Content and/or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you, unless such update involves the collection of additional personal information not previously consented to.

You acknowledge that it may be necessary for you to update or upgrade third party software, hardware and devices from time to time in order to continue to access and use the Site, Content and/or Services and your related Account(s). Pixton reserves the right to modify or increase the system specifications necessary to access and use the Site, Content and/or Services at any time and without notice and you are responsible for purchasing any necessary additional technology, systems or services in order to continue to access and use the Site, Content, Services and/or your related Account(s) in the event of any change in the system specifications.

Pixton reserves the right, at any time and without notice or liability to you, to update, modify and/or reset certain parameters of the Site, Content and/or Services any of which may impact the status, progress or achievements of characters, games, groups and/or items under your control or associated with your Account(s).

CHANGES TO PIXTON

Pixton reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:

(a) modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Content and/or Services including, but not limited to, geographical availability and applicable policies or terms;

(b) make changes to any fees or charges, if any, related to your use of the Site, Content and/or Services;

(c) make changes to the equipment, hardware or software required to use and access the Site, Content and/or Services; and

(d) interrupt the Site, Content and /or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.

TERMINATION

These Terms of Use, as amended from time to time by Pixton, shall remain effective until terminated by you or Pixton. As an Educator, you may terminate these Terms of Use by discontinuing use of the Site, Content, Services and your associated Account(s) and destroying all electronic and other copies of all related Content, including related documentation. As an Educator, you may terminate and delete any of your Students’ Sub-Accounts by either (a) removing the Student Sub-Account from all classrooms to which it belongs, and/or (b) deactivating all classrooms to which the Student Sub-Account belongs. Students may not terminate their own Student Sub-Accounts without the consent of their parent, guardian, or Educator. Without limiting any other provision of these Terms of Use or the remedies available to Pixton, Pixton may immediately terminate these Terms of Use and/or cancel or suspend your Account(s) and access to the Site, Content and/or Services in its sole and absolute discretion and for any reason including, without limitation, if you or any Permitted Minor violate or otherwise fail to strictly comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use for any reason, you must cease use of your Account(s), cease accessing the Site, Content and Services and promptly destroy all electronic and other copies of the Content, including all related documentation.

GENERAL

INTERNATIONAL USE

This Site is operated from and Pixton is headquartered in the province of British Columbia, Canada. By electing to access this Site, Content and/or Services from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Site, Content and/or Services is in compliance with all laws applicable within that other jurisdiction. Pixton makes no representation that materials and services available on or through the Site, Content and/or Services are appropriate or available for use in jurisdictions outside of Canada. Notwithstanding the above, Pixton always intends to maintain compliance with US privacy laws, including COPPA and FERPA. You are not permitted to access the Site, Content and/or Services from any jurisdiction in which the Content is illegal and/or accessing the Site, Content and/or Services is illegal. You may not use, export or re-export any materials from this Site, Content and/or Services in violation of any applicable laws or regulations.

GOVERNING LAW

These Terms of Use and your legal relationship with Pixton shall be governed by, and will be enforced, construed and interpreted in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. The controlling language of these Terms of Use is English.

WAIVER AND SEVERABILITY

The failure of Pixton to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. All remedies of Pixton hereunder shall be cumulative.

ASSIGNMENT

You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Pixton, which consent may be withheld in Pixton’s sole discretion, and any attempted assignment in violation of the foregoing is void. Pixton may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site and/or the business and undertaking of Pixton.

ENUREMENT

These Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.

FORCE MAJEURE

Pixton will not be liable for, or be considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required by these Terms of Use as a result of events beyond the reasonable control of Pixton, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.

NOTICES

Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms of Use and/or any policy referred to herein, will be in writing and given by Pixton (i) via email (in each case to the email address provided by you for your Account(s)) or (ii) by posting to the Site. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted.

DISPUTE RESOLUTION

You and Pixton agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, any policy referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, Content, Services or Content (collectively, the “Disputes”) will be settled by binding arbitration, except that each party retains the right to (i) bring an individual action in the British Columbia Provincial Court (Small Claims Division) if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property or proprietary rights. You acknowledge and agree that you and Pixton are each irrevocably waiving the right to a trial by jury and the right to participate as a plaintiff or a class member in any purported class action or similar representative proceeding. Further, unless you and Pixton expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. This “Dispute Resolution” section shall survive any termination of these Terms of Use.

Any arbitration to be conducted pursuant to this “Dispute Resolution” section shall be conducted before a single arbitrator in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Disputes. The venue of the arbitration shall be Vancouver, British Columbia, Canada.

ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy and any supplemental terms and conditions referred to below, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and Pixton regarding the Site, Content, Services and the Content.

SURVIVAL

The provisions of these Terms of Use which require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination.

RELATIONSHIP

The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.