Last updated on 9th June 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE
These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the websites or mobile applications provided by Pixelogy (collectively, our "Services").
When accessing or using our Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
In using our Services, you will view content provided by third parties, including reviews, comments, insights, analysis and links to web pages of such parties, including but not limited to blogs, forums, communities and social networks. We do not control or approve any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties that are linked to our Service, is at your own risk.
Any token sale or offering information accessed by you via our Services is provided for information purposes only and is not intended to constitute the offering of securities or regulated investments or advice, promotion, invitation or solicitation for regulated investment or securities purposes by Pixelogy. You must obtain professional or specialist advice or carry out your own due diligence before taking, or refraining from taking, any action on the basis of the content of our Services. In some cases, the Services contain information on token sales or offering that are entirely unrelated to Pixelogy and for which Pixelogy has no involvement in (including any technical structuring or promotion). Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up to date.
When a token sale or offering are brought to you in association with Pixelogy, it will be stated in our token sale or offering webpage. Our role and involvement can include providing services such as white paper review, marketing and technical insights, token functionality and economics, creation and distribution of token, smart contract creation, multi-signature wallet, token hosting, PR and marketing management. Each token project is different and the need for Pixelogy services varies. Pixelogy receives compensation from the token project for the provision of the services. The exact nature of the compensation varies. Depending on project and stage of the token sale Pixelogy receives a fixed fee and/or a percentage fee based on the volume of the sale. The average size of the total compensation is a mid to low single digit percentage.
Whilst we take care to try to ensure that the persons involved in token sales or offering with which we are associated, and that the proposed technology base for the token is credible, we do not warrant that the information provided in the token sale documentation is accurate nor that the proposed token will function as intended or expected or that they will be fit for any particular purpose. Prospective contributors are advised that they must carry out their own research on the people, technology, business plan and use cases of the proposed network and token. Any terms and conditions entered into by contributors in respect of the acquisition of tokens are between them and the issuer of the token and Pixelogy is not the seller of such tokens. Pixelogy has no legal responsibility for any representations made by third parties in respect of any token sale and any claim for breach of contract must also be made directly against the token issuing entity listed therein.
Some token sales are conducted as unregulated forms of crowdfunding and such offering is clearly marked as UNREGULATED, whereas for regulated token sales it will be marked as REGULATED together with the jurisdiction that regulate the token sales. Regardless of UNREGULATED or REGULATED token sales, Pixelogy warns its customers and visitors that the purchase of the token represents a very high risk to any participating contributor. Some of the common risks includes but not limited to;
The issuers of Tokens that are referenced on our Service must provide their own risk warnings in relation to the offers that they are promoting. The Contributors agree to assume all risks before proceeding with the token purchase. If you have any concerns about the nature or legality of any token sale, persons or projects referenced on our site or any associated channels or communications please contact [email protected] with detailed information about your concerns
By registering to receive Private and Presale deal flow you confirm that you understand that early stage contributions to token sale projects is not regulated, that Pixelogy is not a regulated investment firm, advisor or broker and that Pixelogy makes no endorsement of or recommendation for participation in any project. You are aware that contributions to early stage projects will not be protected by any compensation scheme. You also understand that participation in early stage projects, although unregulated, is often only available to those who would qualify as Professional or Accredited participants within traditional markets. You confirm that you qualify for such status and understand that you may be required to evidence this in addition to any other KYC requirements. You understand that this service is not aimed at anyone in any jurisdiction where such a service is prohibited and that if you are in such a jurisdiction, you must not register to receive Private and Presale deal flow.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL OUR COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM PIXELOGY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PIXELOGY’S RECORDS, PROGRAMS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PIXELOGY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, PIXELOGY OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO PIXELOGY DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
You agree to defend, indemnify and hold harmless Pixelogy (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
Any Feedback you submit is non-confidential and shall become the sole property of Pixelogy. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
Unless otherwise indicated by us, all copyright, trademark and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Pixelogy logo and all designs, product or service names, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Pixelogy Materials") are the proprietary property of Pixelogy or our licensors or suppliers and are protected by English and international copyright laws and other intellectual property rights laws. We hereby grant you a limited, non-exclusive and non-sublicensable license to access and use the Pixelogy Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Pixelogy Materials; (b) the distribution, public performance or public display of any Pixelogy Materials; (c) modifying or otherwise making any derivative uses of the Pixelogy Materials, or any portion thereof; or (d) any use of the Pixelogy Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
In making material available on our Service, Pixelogy is acting in good faith. However, it is possible that material published online may be in breach of copyright laws or contain content that is otherwise unlawful. If you are concerned that you have found material on our Service that is in breach of any law or regulation, please email [email protected], being sure to provide your contact details and full details of the material and the reason for your request.
Pixelogy shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Pixelogy's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Pixelogy's reasonable control (each, a "Force Majeure Event").
In the event of any Force Majeure Event, breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for Pixelogy, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services.
We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Pixelogy Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
You and Pixelogy agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT. You and Pixelogy agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Pixelogy shall be sent to [email protected] You and Pixelogy further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Malta; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of arbitration in Malta; and (d) that the courts in Malta have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Malta and applicable English common law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Pixelogy will not commence against the other a class action, class arbitration or representative action or proceeding.
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with Pixelogy, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes by posting the amended Terms via the applicable Pixelogy Services and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon continued use of our Services after Pixelogy provides notice of such changes. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Pixelogy. Pixelogy may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.