These Terms govern the use of Pixxelife.com and any other related Agreement or legal relationship with the Owner in a legally binding way.

Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

Pixxelife.com is provided by:
INMEDIA with Registered Office in Via D. Fornace 50 - 10020 Turin (TO) - ITALY
Owner contact email: info@inmediaonline.com

"Pixxelife.com" refers to this website, including its subdomains and any other website through which the Owner makes its Service available;

What the User should know at a glance

   • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

   • The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document. 

 

________________________________________

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Pixxelife.com.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Pixxelife.com, Users confirm to meet the following requirements:

   • There are no restrictions for Users in terms of being Consumers or Business Users;

   • Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;

   • Users aren’t listed on any U.S. Government list of prohibited or restricted parties;


ACCOUNT REGISTRATION

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Pixxelife.com.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination
Users can terminate their account and stop using the Service at any time by directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.


CONTENT ON Pixxelife.com

Unless where otherwise specified or clearly recognizable, all content available on Pixxelife.com is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Pixxelife.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Pixxelife.com - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Pixxelife.com, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Pixxelife.com, the User may download, copy and/or share some content available through Pixxelife.com for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.


CONTENT PROVIDED BY THE USERS

The Owner allows Users to upload, share or provide their own content to Pixxelife.com.
By providing content to Pixxelife.com, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on Pixxelife.com they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Pixxelife.com as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Pixxelife.com.
Users acknowledge, accept and confirm that all content they provide through Pixxelife.com is provided subject to the same general conditions set forth for content on Pixxelife.com.
Users are solely liable for any content they upload, post, share, or provide through Pixxelife.com.
Users acknowledge and accept that the Owner filters or moderates such content in a preventative manner.
Therefore, the Owner reserves the right to refuse, censor, remove, delete, block or rectify such content at its own discretion and to deny access to Pixxelife.com to the uploading User without prior notice, if it considers such content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the Owner and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Pixxelife.com.

Access to provided content
Content that Users provide to Pixxelife.com is made available according to the criteria outlined within this section.

Publicly available content
Content meant for public availability shall be automatically made public on Pixxelife.com upon upload or, at the sole discretion of the Owner, at a later stage.
Any personal data, identifier or any other information that Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the published content.
Users may (and are encouraged to) check on Pixxelife.com to find details of who can access the content they provide.


ACCESS TO EXTERNAL RESOURCES
Through Pixxelife.com Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.


ACCEPTABLE USE

Pixxelife.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Pixxelife.com and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Pixxelife.com or the Service, terminating contracts, reporting any misconduct performed through Pixxelife.com or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

   • violate laws, regulations and/or these Terms;

   • infringe any third-party rights;

   • considerably impair the Owner’s legitimate interests;

   • offend the Owner or any third party.


API USAGE TERMS

Users may access their data relating to Pixxelife.com via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Pixxelife.com, is bound by these Terms and, in addition, by the following specific terms:

   • the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products
Some of the Products provided on Pixxelife.com, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Pixxelife.com.

Product description
Prices, descriptions or availability of Products are outlined in the respective sections of Pixxelife.com and are subject to change without notice.
While Products on Pixxelife.com are presented with the greatest accuracy technically possible, representation through photos, images, colors, sounds or any other means is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:

   • Users must choose the desired Product and verify their purchase selection.

   • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission
When the User submits an order, the following applies:

   • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

   • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

   •  Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on Pixxelife.com are displayed:

   • either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Pixxelife.com.
All payments are independently processed through third-party services. Therefore, Pixxelife.com does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Authorization for future PayPal payment
If Users authorize the PayPal feature which allows future purchases, Pixxelife.com will store an identification code linked to the Users’ PayPal account. This will authorize Pixxelife.com to automatically process payments for future purchases or recurring installments of past purchases.
This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of Pixxelife.com.
Delivery times are specified on Pixxelife.com or during the purchasing process.
Unless otherwise specified on Pixxelife.com or communicated by the service staff or agreed with User, Products shall be delivered within thirty (30) days from purchase and via single shipment.
In the event that some or all Products are not available for delivery within the days specified, communicated or agreed, they shall be removed from the order.
In any case, Pixxelife.com is not responsible for delays in delivery that are not directly attributable.

The following applies to Users that do not qualify as Consumers:
Deliveries are made under the conditions and within the timeframe stated on Pixxelife.com.
Unless otherwise stated, the delivery costs are the responsibility of the User.
The risk of loss of or damage to the goods shall pass to the User upon handover to the carrier.
For an additional fee, the User can choose insured delivery. In this case, the risks covered and the applicable terms and conditions are set out in the insurance policy.

Modality for arranged delivery
Subject to prior agreement with the Owner, Users may arrange the pickup of the purchased goods by a carrier of their choice in good time and at their own risk and expense.
If Users do not qualify as Consumers the following failed-delivery policy applies and replaces the above.

Failed delivery B2B
Unless otherwise stated, the delivery costs are the responsibility of the User.
The Owner cannot be held responsible for any errors, delays (including cases where the User fails to collect the goods within the deadline set by the Owner or the carrier), damages to or loss of the goods after handover to the carrier.
If the goods are returned to the Owner due to a failed delivery, Users must bear the costs of the resulting storage. Users must further arrange a new delivery attempt at their own expense, after agreeing with the Owner appropriate collection times and conditions.
Should the User fail to do so, the Owner may, at its sole discretion, cancel the contract or arrange a new delivery at the User’s expense. In both cases, the Owner reserves the right to compensation for any damage suffered due to the failed delivery.

Delivery of digital content
Unless otherwise stated, digital content purchased on Pixxelife.com is delivered via download on the device(s) chosen by Users.
Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.
Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Performance of services
The purchased service shall be performed or made available within the timeframe specified on Pixxelife.com or as communicated before the order submission.


USER RIGHTS

Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 30 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.

Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

   • Regarding the purchase of goods, the withdrawal period expires 30 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.

   • Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 30 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

   • Regarding the purchase of a service, the withdrawal period expires 30 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

   • In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 30 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 30 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

   • On the purchase of physical goods, unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 30 days from the day on which they communicated their decision to withdraw from the contract. The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest. Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning. The costs of returning the goods are borne by the User.

   • On the purchase of services, where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided. Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

Exceptions from the right of withdrawal
The right of withdrawal does not apply to contracts:

   • for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed;

   • for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and with their acknowledgment that their right of withdrawal is thereby lost;

   • for the supply of goods made to the consumer’s specifications or otherwise clearly personalized;

   • for the supply of goods which are liable to deteriorate or expire rapidly;

   • for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;

   • for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

   • where the Consumer has specifically requested a visit from the Owner for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the Owner provides services in addition to those specifically requested by the Consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;

Legal guarantee of conformity for goods
Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the purchaser.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on Pixxelife.com in accordance with the laws of the country of their habitual residence.
National laws of such country may grant such Users broader rights.
In particular, Consumers based in France can exercise guarantee rights within two years of delivery of the good without being required to provide evidence of the good’s defect or lack of conformity. The period of time for which the Consumer is exempted from providing evidence of the fault is reduced to six months in case of used goods.
When exercising guarantee rights, Consumers may choose between requesting replacement or reparation of the faulty good at the conditions set out in the French Consumer Code.
This statutory guarantee of conformity applies regardless of any commercial guarantee possibly offered by the Owner.
Consumers may also exercise their right of guarantee for hidden faults according to the relevant provisions of the French Civil Code, choosing between cancelling the purchase or requesting a price reduction.
Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

Legal guarantee on second-hand or used goods
Users acknowledge and accept that the legal guarantee on second-hand or used goods is limited to 1 year from receipt of the goods.

LIABILITY AND INDEMNIFICATION

EU USERS

Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Pixxelife.com has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:

   • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

   • damages or losses resulting from interruptions or malfunctions of Pixxelife.com due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;

   • any losses that are not the direct consequence of a breach of the Terms by the Owner;

   • any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via Pixxelife.com. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to Pixxelife.com.

Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:

   • In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.


AUSTRALIAN USERS

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.


US USERS

Disclaimer of Warranties

Pixxelife.com is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein. 

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service. 

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services. 

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service. 

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law. 

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

   • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

   • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;

   • any errors, mistakes, or inaccuracies of content;

   • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

   • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;

   • any interruption or cessation of transmission to or from the Service;

   • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

   • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

   • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. 

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law. 

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

   • User’s use of and access to the Service, including any data or content transmitted or received by User;

   • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

   • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

   • User’s violation of any statutory law, rule, or regulation;

   • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

   • User’s willful misconduct; or

   • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

COMMON PROVISIONS

No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Pixxelife.com and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of Pixxelife.com.

Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Pixxelife.com are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Pixxelife.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts
All communications relating to the use of Pixxelife.com must be sent using the contact information stated in this document.

Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Authoritative version of these Terms
These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.

Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.


US Users
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

UK Users
Consumers based in England may bring legal proceedings in connection with these Terms in the English courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

Surviving provisions
This Agreement shall continue in effect until it is terminated by either Pixxelife.com or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

   • the User’s grant of licenses under these Terms shall survive indefinitely;

   • the User’s indemnification obligations shall survive for a period of five years from the date of termination;

   • the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

DISPUTE RESOLUTION

Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Pixxelife.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 2 days of receiving it.

Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at this link.


Definitions and legal references

Pixxelife.com (or this Application)
The property that enables the provision of the Service.

Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User
Any User that does not qualify as a Consumer.

European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Example withdrawal form

Addressed to:

INMEDIA - Via Fornace 50 - 10020 Brusasco (TO) - ITALY

info@inmediaonline.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service: 

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

   • Ordered on: _____________________________________________ (insert the date)

   • Received on: _____________________________________________ (insert the date)

   • Name of consumer(s):_____________________________________________

   • Address of consumer(s):_____________________________________________

   • Date: _____________________________________________

(sign if this form is notified on paper)

Example withdrawal form

Addressed to: 

INMEDIA - Via Fornace 50 - 10020 Brusasco (TO) - ITALY

info@inmediaonline.com 

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

   • Ordered on: _____________________________________________ (insert the date)

   • Received on: _____________________________________________ (insert the date)

   • Name of consumer(s):_____________________________________________

   • Address of consumer(s):_____________________________________________

   • Date: _____________________________________________

(sign if this form is notified on paper)

Owner (or We)
Indicates the natural person(s) or legal entity that provides Pixxelife.com and/or the Service to Users.

Product
A good or service available for purchase through Pixxelife.com, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.

Service
The service provided by Pixxelife.com as described in these Terms and on Pixxelife.com.

Terms
All provisions applicable to the use of Pixxelife.com and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)
Indicates any natural person or legal entity using Pixxelife.com.

Consumer
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Latest update: September 2023