Terms & Conditions - Trusting Pixels

TERMS & CONDITIONS

Effective Date: September 10, 2018

The TrustingPixels.com website and its associated services and content (collectively “Website”) is owned and operated by Trusting Pixels Inc. (“Trusting Pixels”, “our”, “we”, “us”), a Corporation located in British Columbia, Canada. Trusting Pixels has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

TRUSTING PIXELS MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT TRUSTING PIXELS MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

Definitions

As used in this Agreement:

  • Authenticated Image(s) refers to images that have passed the Authentication Process.
  • Authentication Mark refers to the Trusting Pixels’ logo and certification mark, that is placed on the bottom right hand corner of Authenticated Images.
  • Authentication Process refers to the process by which Trusting Pixels authenticates submitted photos as not being retouched or otherwise altered.
  • Non-Commercial User(s) refers to any person utilizing the Authentication Process for non-commercial purposes, including, but not limited to, personal, educational, artistic, or any other use not intended for profit. Specifically, Non-Commercial Users are prohibited from doing the following:
    • Using the Authenticated Image to advertise a company’s name and/or product, both within the photo or in conjunction with the photo referencing something being advertised in the photo;
    • Editing, Compositing, and/or adding any logo, image, and/or advertisement on the Authenticated Image after it has been authenticated;
    • Giving permission to use and/or license the Authenticated Image to another individual and/or company.
  • Commercial User(s)refers to any business or Commercial User utilizing the Authentication Process and Authentication Mark for commercial purposes, including, but not limited to, advertising, marketing, promotion, or any other use intended for profit.
  • Regulations refer to the Trusting Pixels guidelines for submitting photos for Certification.
  • User(s)/You/Your refers to both Commercial Users and Non-Commercial Users.

About the Website

Trusting Pixels’ mission is to give an honest representation of people in the media. Our services can be utilized by any Non-Commercial User or Commercial User seeking to authenticate their photos. Non-Commercial Users can submit photos to the Website and Commercial Users can submit photos directly to Trusting Pixels for authentication via the Authentication Process. Trusting Pixels has strict Regulations that all our Authenticated Images must abide by, but if successful, the Authentication Process will result in an Authenticated Image containing an Authentication Mark. All Authenticated Images are then placed on the Trusting Pixels’ Website gallery and potentially the Trusting Pixels’ social media pages, with reference to the Non-Commercial User or Commercial User’s name, their website, and their respective social media handles.

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human Non-Commercial User that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

You warrant and represent that any and all information that you provide to Trusting Pixels and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and the applicable Regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in Canada and Trusting Pixels makes no representation that its Website or services are appropriate, lawful, or available for use in other locations.

Ownership of Website and License

Excluding your content, you acknowledge and agree that Trusting Pixels is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Trusting Pixels.

Trusting Pixels hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Trusting Pixels, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Trusting Pixels.

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specially, all Trusting Pixels marks are the property of Trusting Pixels, including, but not limited to TRUSTING PIXELS, #TheHonestMovement, and all Trusting Pixels’ logos, such as the Authentication Mark. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Trusting Pixels. You are prohibited from using Trusting Pixels’ trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your commercial goods or services without the prior written consent of Trusting Pixels.

Photo Submission and Authentication

Only Non-Commercial Users may submit images directly through the Website to be authenticated by Trusting Pixels. To do so, Non-Commercial Users upload both the image they would like to authenticate, and its original/raw copy (.jpeg; .cr2; .nef; or .arw files are only considered for the original copies). If and when a Non-Commercial User’s photo passes Trusting Pixels’ Authentication Process, their Authenticated Image will receive the Trusting Pixels’ Authentication Mark and then appear in our gallery and (possibly) social media pages. Rather than submitting their photos through the Website, Commercial Users submit their photos directly to Trusting Pixels via e-mail and submitting a brief description of the images you need authenticated. By submitting photos to Trusting Pixels for the Authentication Process, all Users understand and agree that Trusting Pixels will place the Authentication Mark on all Authenticated Images.

When submitting a photo for authentication through the Website or directly to Trusting Pixels, all Users are agreeing to receive email notifications from Trusting Pixels. The email notifications from Trusting Pixels contain an unsubscribe feature that allows you to “opt out” from future notifications. Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User information will be used consistent with the Privacy Policy. Trusting Pixels does not endorse you or discriminate based upon any information provided by you.

Users have a duty to ensure that the information provided through their photo submission is truthful, current, complete, and accurate. Users are expressly prohibited from submitting a photo that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. Users expressly agree that they will interfere with or disrupt a third party’s enjoyment and use of the Website. Trusting Pixels reserves the right to reject, restrict access to, monitor, suspend, disable, or delete photo submissions and Authenticated Images at any time, in its sole discretion, and without prior warning.

Users have the option to create an account with the website, which they will log into using their e-mail and account password, Facebook, or Google. Users agree to keep your Account secure from unauthorized access. Users should not to reveal their password to others. Users agree that they alone are responsible for their Account and all associated Events. Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a User’s Account, they agree to contact Trusting Pixels immediately. Users agree to hold harmless and indemnify Trusting Pixels for any damages that arise out of or in relationship to the use of their Account.

Payment; Refunds; Termination

Non-Commercial Users shall be charged a monthly subscription fee that will allow them to upload a certain amount of photos per month for the Authentication Process, which includes a limited license to use the Trusting Pixels’ Authentication Mark. Any and all fees are subject to change at any time. Payment for this fee is processed through a third-party payment processor, Stripe. Users agree that they are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website to that applicable governmental entity. You understand and agree that Trusting Pixels will not be held liable for any User’s failure to complete a transaction entered into through the Website. By utilizing Stripes payment services, Users are subject to its separate Terms of Service found here: https://stripe.com/ca/ssa.

If you cancel your account or wish to have your Authenticated Images removed from the Website, Trusting Pixels is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. Trusting Pixels is under no obligation to provide you with the data associated with your account and/or user profile after cancellation of your account, except as otherwise provided in the Privacy Policy. Trusting Pixels recommends that you maintain your own backup of account and user data.

Only Non-Commercial Users may receive refunds. Trusting Pixels will issue refunds to Non-Commercial Users after one failed Authentication Process, but resubmission and rejection of the same photo for certification will not receive any refunds. For Commercial Users, there is a strict no refund policy.

Users may terminate their account with Trusting Pixels and/or delete their Authenticated Images by e-mailing info@trustingpixels.com with email subject reading “Image Deletion Request.”

User Generated Content

You may submit content to the Website, including, but not limited, to photos, images, and text (collectively “User Generated Content”). Authenticated Images are also considered User Generated Content.

Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s gallery, social media, and associated services. User Generated Content uploaded to and certified by the Website will be publicly visible to all visitors in the Website’s gallery and Trusting Pixels’ social media accounts. You expressly acknowledge, however, that Trusting Pixels does not guarantee any confidentiality with respect to any submissions of your User Generated Content, specifically in regards to your name, website, and social media handles.

By submitting User Generated Content to the Website, you grant Trusting Pixels a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use and display your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website, its gallery, or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

You agree that you are solely responsible for any User Generated Content that you submit to the Site. Trusting Pixels acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Trusting Pixels does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.

Trusting Pixels reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. Trusting Pixels also reserves the right to terminate a User’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.

Prohibited Uses

You expressly agree that you follow the Regulations and will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

All Users are prohibited from:

  • Posting or transmitting content that:
    • Infringes upon the intellectual property rights of others;
    • Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
    • Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
    • Incites any illegal activity or unlawful sexual solicitation;
    • Relates to weaponry, controlled substances, gambling, or debt collection;
    • Raises support or defense of anyone alleged to be involved in criminal activity;
    • Impersonates Trusting Pixels or another third-party or is fraudulent, inaccurate, or misleading;
    • Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
    • Intends to collect personal or personally identifiable information from others;
    • Violates any term or condition of this Agreement;
  • Using a robot, spider, scraper, or other automated technology to access the Website;
  • Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  • Attempting to gain access to the private data or personal information of a Website user or third party;
  • Circumventing Trusting Pixels’ technological and physical security measures;
  • Suggesting an affiliation with or endorsement by Trusting Pixels.

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Trusting Pixels by sending an email to info@trustingpixels.com.

Mobile Devices

The Website is fully accessible via a mobile device, including the ability to submit a photo for the Authentication Process. To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Trusting Pixels is not responsible for any fees or errors that occur while accessing the Website via mobile device.

Section 230 of Communications Decency Act

You acknowledge and agree that Trusting Pixels is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Trusting Pixels may edit, remove, or control the content displayed through the Website, you agree that Trusting Pixels will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

Third Party Links

You understand that the Website may contain links to third party websites, applications, or services that Trusting Pixels does not own or control. You agree that Trusting Pixels will not be held responsible or liable for the content of third party websites, applications, or services and that Trusting Pixels’ inclusion of those websites, applications, or services within its Website does not constitute Trusting Pixels’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

No Endorsement

Trusting Pixels does not endorse or recommend any commercial product, process, or service. The views and opinions of Users, contributors, and others expressed on this Website do not necessarily state or reflect those of Trusting Pixels and are not intended to be used for advertising or product endorsement purposes.

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation. Trusting Pixels may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

Disclaimer of Warranties

TRUSTING PIXELS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. TRUSTING PIXELS PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

TRUSTING PIXELS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. TRUSTING PIXELS IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. TRUSTING PIXELS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

TRUSTING PIXELS WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

Limitation of Liability

TRUSTING PIXELS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT TRUSTING PIXELS CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO TRUSTING PIXELS, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. TRUSTING PIXELS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification

You agree to hold harmless, indemnify, and defend Trusting Pixels, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or payments made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Trusting Pixels under the terms of this Agreement will not provide you with the right to control Trusting Pixels’ defense, and Trusting Pixels reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Trusting Pixels.

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Trusting Pixels may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Governing Law, Jurisdiction, and Venue

This Agreement will be interpreted under and governed by the laws of the Province of British Columbia, Canada without giving effect to any conflicts of laws principles. You and Trusting Pixels irrevocably consent to the exclusive personal jurisdiction of the Provincial and Federal courts located in Vancouver, British Columbia, with venue also being proper in Vancouver, British Columbia.

Resolution of Disputes

YOU AND TRUSTING PIXELS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM TRUSTING PIXELS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN VANCOUVER, BRITISH COLUMBIA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE ADRIC ARBITRATION RULES OF THE ADR INSTITUTE OF CANADA. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA. YOU AND TRUSTING PIXELS AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE PROVINCE OF BRITISH COLUMBIA. YOU AND TRUSTING PIXELS AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

Trusting Pixels hereby incorporates its Privacy Policy and its Copyright Policy (outlined below) into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Trusting Pixels.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Trusting Pixels will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Trusting Pixels inadvertently collects such personally identifiable information, Trusting Pixels will delete the personally identifiable information in accordance with its security protocols.

Limitation on Actions

TRUSTING PIXELS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRUSTING PIXELS ON AN NON-COMMERCIAL USER BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN NON-COMMERCIAL USER BASIS.

Reservation of Rights

All rights not expressly granted herein are reserved to Trusting Pixels.

Copyright Policy

The Website and its associated content and services are © 2017-2018 Trusting Pixels Inc.

Trusting Pixels respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Trusting Pixels and are protected by copyright and other intellectual property laws.

By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

If you believe that a user of Trusting Pixels has infringed upon your copyright rights, please provide Trusting Pixels with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Trusting Pixels receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Trusting Pixels will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Trusting Pixels with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

  1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work(s) alleged to have been infringed;
  3. The location of the copyrighted work(s) on the Website;
  4. Your contact information, such as an address, telephone, fax number, or email address;
  5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

  1. Identification of the specific materials that have been removed from the Website;
  2. Your contact information, such as an address, telephone, fax number, or email address;
  3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
  4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in British Columbia, Canada;
  5. A statement that you will accept service of process from the notifying party; and
  6. Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to:

Traverse Legal, PLC
810 Cottageview. Dr, Ste. G-20
Traverse City, MI 49686
dmcaagent@traverselegal.com

Notice

Any notice required by this Agreement must be in writing, and must be emailed to: info@trustinpixels.com.

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.

CONTACT US

Trusting Pixels Inc. Suite #600 - 1285 West Broadway Vancouver, BC V6H 3X8