Terms and Conditions
These Terms of Use constitute a legally binding agreement made between you and [Light Pixel Media] (“we,” “us,” or “our”) concerning your access to and use of the [website] (the “Site”) and any products or services offered through the Site (collectively, the “Services”). In order to help make the Site a secure environment for the purchase and sale of products and services, all users are required to accept and comply with these Terms of Use. By accessing the Site and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with all of these Terms of Use, you are prohibited from using the Site and the Services and must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
Intellectual Property Rights
Unless otherwise indicated, the Site and the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property
rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site and the Services, you are granted a limited license to access and use the Site and the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
User Representations
By using the Site and the Services, you represent and warrant that:
User Account
In order to access certain features of the Site or the Services, you may be required to create a user account. When creating a user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your user account password secure. You must notify us immediately of any breach of security or unauthorized use of your user account.
We reserve the right to terminate your user account at any time, with or without cause, and without notice.
Purchases and Payment
[Light Pixel Media] accepts payment via PayPal. All sales are final, and no refunds will be issued unless otherwise specified in these Terms of Use.
Termination of Projects and Refunds
[Light Pixel Media] reserves the right to terminate any project at any time, with or without cause. If a project is terminated before work has begun, [Light Pixel Media] will issue a full refund to the client. If a project is terminated after work has begun, [Light Pixel Media] may, at its discretion, issue a partial refund to the client.
Changes to Prices and Processes
[Light Pixel Media] reserves the right to change the prices of our products or services at any time, without prior notice. We also reserve the right to change any aspect of our business processes at any time, without prior notice.
Free Revisions
[Light Pixel Media] includes a certain number of free revisions with each package: 2 free revisions at each stage of the production (script, voice-over, and animation). Additional revisions may be subject to additional charges.
Returns and Refunds
[Light Pixel Media] does not accept returns because the products or services we offer are custom and cannot be resold. If a client requests a refund after work has begun,
[Light Pixel Media] may, at its discretion, issue a partial refund to the client, taking into account the work that has been completed and the fees owed to our employees. The amount of the partial refund will be determined by [Light Pixel Media] based on the stage of the project and the amount of work that has been completed.
GDPR Compliance
[Light Pixel Media] is committed to compliance with the General Data Protection Regulation (GDPR). We collect, use, and process personal data in accordance with the GDPR and other applicable privacy laws.
We collect personal data from our users when they use our Services, including their name, email address, phone number, and other information they choose to provide to us. We use this personal data to provide the Services, to personalize the user’s experience, to improve the Services, and to communicate with the user.
We may share personal data with third-party service providers who perform services on our behalf, such as hosting, data analysis, payment processing, and customer service. These service providers are contractually required to protect personal data and to use it only for the purposes for which it was disclosed.
We may also share personal data with our business partners for marketing and other purposes. Users will have the opportunity to opt-out of such sharing when they provide their personal data to us.
We will retain personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.
Users have the right to request access to their personal data, to request correction or deletion of their personal data, and to request restriction of processing of their personal data. Users also have the right to object to the processing of their personal data and to request data portability. Users may exercise these rights by contacting us at [insert contact information].
Users have the right to file a complaint with the supervisory authority if they believe that their rights under the GDPR have been violated.
This GDPR section is subject to change as we continue to develop and improve our Services. We encourage users to review our privacy policies regularly to stay informed about how we are protecting their personal data.
CALIFORNIA USERS AND RESIDENTS
If any dispute arises between you and [Light Pixel Media] during your use of the Site or the Services, you and [Light Pixel Media] agree to try in good faith to resolve the dispute informally. If the dispute cannot be resolved informally, you and [Light Pixel Media] agree to resolve any claim, dispute, or controversy (excluding any [Light Pixel Media] claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions.
The arbitration will be conducted in the County of Los Angeles, California, unless you and [Light Pixel Media] agree otherwise. The AAA rules will govern payment of all arbitration fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Disclaimers of Warranties
[Light Pixel Media] makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. To the full extent permissible by applicable law, [Light Pixel Media] disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. [Light Pixel Media] will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Limitation of Liability
[Light Pixel Media] will not be liable for any damages of any kind arising from the use of the Site or the Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. In no event shall [Light Pixel Media] be liable for any damages resulting from loss of use, data, or profits, or any unauthorized access to or alteration of your transmissions or data.
Indemnification
You agree to indemnify and hold [Light Pixel Media] and its affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
Governing Law
These Terms of Use and your use of the Site and the Services will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of these Terms of Use will remain in full force and effect.
Waiver
Our failure to exercise or enforce any right or provision of these Terms of
Use shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and [Light Pixel Media] and govern your use of the Site and the Services, superseding any prior agreements between you and [Light Pixel Media].
Contact Us
If you have any questions about these Terms of Use, please contact us at [email protected].
Last updated: [25/12/2022]
