PXLXA STUDIO
END USER LICENSE AGREEMENT [EULA]
PLEASE READ THIS APPLICATION END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLICATION. PXLXA STUDIO LICENSES THE APPLICATION ONLY ON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED OR REFERENCED IN THIS AGREEMENT.
END USER LICENSE AGREEMENT [EULA]
PLEASE READ THIS APPLICATION END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLICATION. PXLXA STUDIO LICENSES THE APPLICATION ONLY ON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED OR REFERENCED IN THIS AGREEMENT.
By selecting the “I Accept” button or other button or mechanism designed to acknowledge agreement to the terms of an electronic copy of this Agreement, or by installing, downloading, accessing, or otherwise copying or using all or any portion of the Pxlxa studio App Materials, You ("You" or "Your") agree to be bound by the terms of this license. If you do not agree to the terms of this license, do not use the application. By using any part of the application indicates that you accept this license.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PEACEXLOVEXANIMATE, LLC. ("PXLXA STUDIO") THAT SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF PXLXA STUDIO APPLICATION ("APPLICATION"). YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU, AND CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE. PXLXASTUDIO MAY REFUSE ACCESS TO THE APPLICATION FOR NONCOMPLIANCE WITH ANY PART OF THIS LICENSE.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PEACEXLOVEXANIMATE, LLC. ("PXLXA STUDIO") THAT SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF PXLXA STUDIO APPLICATION ("APPLICATION"). YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU, AND CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE. PXLXASTUDIO MAY REFUSE ACCESS TO THE APPLICATION FOR NONCOMPLIANCE WITH ANY PART OF THIS LICENSE.
IF YOU ACQUIRE THIS APPLICATION FOR YOUR USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA. IF LICENSEE DOES NOT AGREE TO THIS EULA, LICENSEE MAY NOT USE THIS APLICATION AND MUST IMMEDIATELY REMOVE THE APPLICATION FROM MOBILE DEVICE, MOBILE COMMUNICATION TERMINAL OR COMPUTER.
This EULA includes the Terms and Conditions and Privacy Policy incorporated herein with reference. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL, USE OR COPY THE APPLICATION.
The "Application" consists of: (a.) the PxLxA Animation Multimedia Studio for creating original 2D animated, video, and print design content, provided in connection with an authorized link to this Agreement, including all Application, code, text, graphics, logos, layouts, designs, interfaces, and other items included in or associated with the application; and (b.) any files that are delivered to you by PxLxA Animation Multimedia Studio (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the PxLxA Application.
PxLxA Animation Multimedia Studio reserves the right at any time, without further notice, to change and modify this terms. You should check this terms periodically for update and changes that affect use of the App. By using the PxLxA Studio’ App you are agreeing to our terms, which applies to the use of the App. If you do not agree with any portion of this terms, you should desist from using the app.
The PxLxA Studio App is an Animation Multimedia Studio used for creating original 2D animated, video, and print design content, with innovative technology powered by appearance and deliverability. The Application may provide a means for people to work and collaborate with independent artists and entertainers to bring new visual works and ideas to life through animation and design, or to use other products and services offered by PxLxA Studio, documents, audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, Application, data and other content associated with the Services ("Content"). The Application, Services and Content are copyrighted works of PeacexLovexAnimate, Llc and may contain trademarks, service marks, trade names, and other intellectual property of PxLxA Studio.
The Application and Content, and your use of the Services, are also subject to PxLxA Studio Terms of Use, Privacy Policy, copyright policy and Social Networking Policy (collectively "PxLxA Studio Terms") which are incorporated into this Agreement by this reference. There may also be additional terms that PxLxA Studio presents to you in connection with the Application, for example, at the time of download ("Additional Terms"). If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise.
If you are obtaining the Application from a distribution channel such as the Apple App Store, or the Android Marketplace ("Distribution Channel"), your purchase, if the application is paid, and any subscription, if the Application or its Content requires a subscription, may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. We, rather than the Distribution Channel, are responsible for the Application and the content thereof. Neither we nor the Distribution Channel has any obligation to furnish any maintenance and support services with respect to the Application.
The Application may use location-based services to locate you. If you choose to use the Application, you consent to PxLxA Studio and its third party providers determining your location.
1.0 UPDATES TO THIS EULA
This Agreement applies to all downloading or installation of the Application after the Effective Date above, and use of any copy of the Application downloaded or installed after the Effective Date above. This EULA may be updated by PeacexLovexAnimate, Llc from time to time. Once this EULA is updated or amended, PeacexLovexAnimate, Llc will release the updated terms of the EULA in the Application or on PxLxA Studio’ web page at https://pxlxastudio.com/eula. Once the updated terms of the EULA are released, the updated terms will effectively substitute the original terms of the EULA. The Licensee may login the application or website to review the latest version of the terms of this EULA at any time.
This Agreement applies to all downloading or installation of the Application after the Effective Date above, and use of any copy of the Application downloaded or installed after the Effective Date above. This EULA may be updated by PeacexLovexAnimate, Llc from time to time. Once this EULA is updated or amended, PeacexLovexAnimate, Llc will release the updated terms of the EULA in the Application or on PxLxA Studio’ web page at https://pxlxastudio.com/eula. Once the updated terms of the EULA are released, the updated terms will effectively substitute the original terms of the EULA. The Licensee may login the application or website to review the latest version of the terms of this EULA at any time.
2.0 CHANGES TO APPLICATION AND SERVICE OFFERINGS
PxLxA Studio or the Distribution Channel may change pricing for the Application, Services and Content. We may not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason.
You acknowledge and agree that PeacexLovexAnimate, Llc may suspend or discontinue offering the Application; modify the Application; change or discontinue the Services available through the Application; change how we offer and operate such Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge); remove Content; impose limits on certain features or restrict your access to part or all of the Application, Services and Content; or make other changes in PxLxA Studio' product and service offerings at its sole discretion and with or without notice to you. We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we make changes in our product or services offerings, the Application may not work as it did prior to such action, and PxLxA Studio will have no liability to you or any third party as a result.
PxLxA Studio or the Distribution Channel may change pricing for the Application, Services and Content. We may not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason.
You acknowledge and agree that PeacexLovexAnimate, Llc may suspend or discontinue offering the Application; modify the Application; change or discontinue the Services available through the Application; change how we offer and operate such Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge); remove Content; impose limits on certain features or restrict your access to part or all of the Application, Services and Content; or make other changes in PxLxA Studio' product and service offerings at its sole discretion and with or without notice to you. We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we make changes in our product or services offerings, the Application may not work as it did prior to such action, and PxLxA Studio will have no liability to you or any third party as a result.
3.0 OWNERSHIP OF THIS APPLICATION
This Application was developed and is owned by PeacexLovexAnimate, Llc. All the ownership of intellectual property rights in this Application (including but not limited to any code, image, data, text and add-in programs contained in this Application and in any and all future updates, modifications, revisions and/or derivative works of the Application), and attached supporting documentation belong to PeacexLovexAnimate, Llc and may not be used, reproduced, altered, distributed, exploit or otherwise dealt with by the Licensee without written authorization from PeacexLovexAnimate, Llc, unless said usage, reproduction, alteration, distribution exploitation and dealing are expressly provided for in this EULA.
This Application was developed and is owned by PeacexLovexAnimate, Llc. All the ownership of intellectual property rights in this Application (including but not limited to any code, image, data, text and add-in programs contained in this Application and in any and all future updates, modifications, revisions and/or derivative works of the Application), and attached supporting documentation belong to PeacexLovexAnimate, Llc and may not be used, reproduced, altered, distributed, exploit or otherwise dealt with by the Licensee without written authorization from PeacexLovexAnimate, Llc, unless said usage, reproduction, alteration, distribution exploitation and dealing are expressly provided for in this EULA.
You acknowledge and agree that PeacexLovexAnimate, Llc has all right, title, and interest in and to the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of [COUNTRY], international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and PeacexLovexAnimate, Llc reserves all rights not expressly granted to you. You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions.
You will not:
in whole or in part, copy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law;
install or use the Application on a computer or other device that is primarily used as a file server;
remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Application;
use any unauthorized third-party Application that intercepts, "mines," or otherwise collects information from or through the Application, unless authorized by PeacexLovexAnimate, Llc in its sole discretion;
distribute, publish, display, perform, sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Application, or authorize all or any portion of the Application to be copied onto another user's computer except as permitted hereunder;
intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose, or engage in any activity that interferes with or disrupts the Application or PeacexLovexAnimate, Llc' or its vendors' servers or other infrastructure; or
facilitate, create, or maintain any unauthorized connection to the Application, including without limitation: (a) any connection to any unauthorized server that emulates, or attempts to emulate, PxLxA Studio or its vendors' servers; and (b) any connection using programs or tools not approved by PeacexLovexAnimate, Llc in its sole discretion.
The Services and Content accessible through the Application are also protected by intellectual property and other laws in the PeacexLovexAnimate, Llc and in other countries, and are subject to limitations on your use thereof, as set forth more fully in the PxLxA Studio Terms.
You will not:
in whole or in part, copy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law;
install or use the Application on a computer or other device that is primarily used as a file server;
remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Application;
use any unauthorized third-party Application that intercepts, "mines," or otherwise collects information from or through the Application, unless authorized by PeacexLovexAnimate, Llc in its sole discretion;
distribute, publish, display, perform, sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Application, or authorize all or any portion of the Application to be copied onto another user's computer except as permitted hereunder;
intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose, or engage in any activity that interferes with or disrupts the Application or PeacexLovexAnimate, Llc' or its vendors' servers or other infrastructure; or
facilitate, create, or maintain any unauthorized connection to the Application, including without limitation: (a) any connection to any unauthorized server that emulates, or attempts to emulate, PxLxA Studio or its vendors' servers; and (b) any connection using programs or tools not approved by PeacexLovexAnimate, Llc in its sole discretion.
The Services and Content accessible through the Application are also protected by intellectual property and other laws in the PeacexLovexAnimate, Llc and in other countries, and are subject to limitations on your use thereof, as set forth more fully in the PxLxA Studio Terms.
4.0 LICENSE TO USE THE APPLICATION
You may access and use the Services and Software in accordance with these Terms and the law. The license applies to versions of the applications that are offered on any supported Operating System and integrated in any compatible devices. This EULA entitles you to install as many copies of the Software as you want, and use the Software for any lawful purpose consistent with this EULA. Your license to use the Software is expressly conditioned upon your agreement to all of the terms of this EULA. This software is licensed, not sold. PeacexLovexAnimate, Llc reserves all other rights not granted by this EULA.
Subject to your compliance with the PxLxA Studio Terms, PeacexLovexAnimate, Llc hereby grants, and you hereby accept, a, royalty-free, personal, non-exclusive, nonsublicensable, non-transferable, limited license to:
install the Application on one mobile device owned by you or under your legitimate control; and
engage in non-commercial but personal use of the Application.
You may access and use the Services and Software in accordance with these Terms and the law. The license applies to versions of the applications that are offered on any supported Operating System and integrated in any compatible devices. This EULA entitles you to install as many copies of the Software as you want, and use the Software for any lawful purpose consistent with this EULA. Your license to use the Software is expressly conditioned upon your agreement to all of the terms of this EULA. This software is licensed, not sold. PeacexLovexAnimate, Llc reserves all other rights not granted by this EULA.
Subject to your compliance with the PxLxA Studio Terms, PeacexLovexAnimate, Llc hereby grants, and you hereby accept, a, royalty-free, personal, non-exclusive, nonsublicensable, non-transferable, limited license to:
install the Application on one mobile device owned by you or under your legitimate control; and
engage in non-commercial but personal use of the Application.
All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
Note: Your use of some third party materials included in the Application may be subject to other terms and conditions typically found in a separate license agreement located near such materials. Except as expressly stated herein, this EULA does not grant Licensee any intellectual property rights in the Application and all rights not expressly granted are reserved by PeacexLovexAnimate, Llc.
You hereby, agree to use the Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You hereby, agree to use the Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
5.0 LICENSE LIMITATIONS AND EXCLUSIONS
The foregoing license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may only use the Application as allowed by the Application's features and functionalities. You may not copy (except as expressly permitted by this License and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any TPS included with the Application). Any attempt to do so is a violation of the rights of PxLxA Studio and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of this License will govern any upgrades and updates, unless accompanied by a separate license agreement, in which case, the terms of that separate license agreement will govern accordingly.
The foregoing license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may only use the Application as allowed by the Application's features and functionalities. You may not copy (except as expressly permitted by this License and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any TPS included with the Application). Any attempt to do so is a violation of the rights of PxLxA Studio and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of this License will govern any upgrades and updates, unless accompanied by a separate license agreement, in which case, the terms of that separate license agreement will govern accordingly.
6.0 PAID OPTIONS
Your version of the Software may include the ability for you to either download for free or for purchase of license rights for certain Content. In addition, your version of the Software may include the ability for you to purchase more recording time to record your Application adventures. The terms of this License will govern your use of the Content, unless such Content is accompanied by a separate license agreement, in which case, the terms of that separate license agreement will govern accordingly. All Content is either owned by or licensed to PxLxA Studio.
Your version of the Software may include the ability for you to either download for free or for purchase of license rights for certain Content. In addition, your version of the Software may include the ability for you to purchase more recording time to record your Application adventures. The terms of this License will govern your use of the Content, unless such Content is accompanied by a separate license agreement, in which case, the terms of that separate license agreement will govern accordingly. All Content is either owned by or licensed to PxLxA Studio.
7.0 PROHIBITED USES
You represent and warrant that you will not use the Application or any Content for any unlawful purposes. Without limiting the generality of the foregoing, the following are prohibited uses (without exhaustion):
Uploading, posting, emailing, transmitting or otherwise making available any Content that is illegal, that is, without limitation, libelous, that infringes a third-party's copyright, trademark, trade secret or other intellectual property or proprietary rights that intentionally or unintentionally violates any applicable local, state, provincial, national or international laws and/or regulations;
Without limiting the foregoing, uploading, posting, emailing, transmitting or otherwise making available any Content that is harmful, indecent, incites violence, graphic or gratuitous violence, threatening, abusive, harassing, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Uploading, posting, emailing, transmitting or otherwise making available any Content intended to or that actually does harm minors in any way;
Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through use of the Application;
Uploading, posting, emailing, transmitting or otherwise making available any Content that you do not have a right to make available under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfering with or disrupting the Application or Services, servers or networks connected to the Application, or disobeying any requirements, procedures, policies or regulations of networks connected to the Application, including using any device, software or routine to bypass robot exclusion headers; and/or
"Stalking" or otherwise harass another.
You represent and warrant that you will not use the Application or any Content for any unlawful purposes. Without limiting the generality of the foregoing, the following are prohibited uses (without exhaustion):
Uploading, posting, emailing, transmitting or otherwise making available any Content that is illegal, that is, without limitation, libelous, that infringes a third-party's copyright, trademark, trade secret or other intellectual property or proprietary rights that intentionally or unintentionally violates any applicable local, state, provincial, national or international laws and/or regulations;
Without limiting the foregoing, uploading, posting, emailing, transmitting or otherwise making available any Content that is harmful, indecent, incites violence, graphic or gratuitous violence, threatening, abusive, harassing, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Uploading, posting, emailing, transmitting or otherwise making available any Content intended to or that actually does harm minors in any way;
Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through use of the Application;
Uploading, posting, emailing, transmitting or otherwise making available any Content that you do not have a right to make available under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfering with or disrupting the Application or Services, servers or networks connected to the Application, or disobeying any requirements, procedures, policies or regulations of networks connected to the Application, including using any device, software or routine to bypass robot exclusion headers; and/or
"Stalking" or otherwise harass another.
8.0 CONFIDENTIALITY
This software contains trade secrets and proprietary know-how belonging to PxLxA Studio and it is being made available to you in strict confidence. Any use or disclosure of this program, or its algorithms, protocols, or interfaces, other than in strict accordance with this license agreement, may be actionable as a violation of PxLxA Studio's trade secret rights.
This software contains trade secrets and proprietary know-how belonging to PxLxA Studio and it is being made available to you in strict confidence. Any use or disclosure of this program, or its algorithms, protocols, or interfaces, other than in strict accordance with this license agreement, may be actionable as a violation of PxLxA Studio's trade secret rights.
9.0 FEES
You agree to pay all required fees in order to obtain a License to use the Application. Unless otherwise agreed in writing, You shall promptly pay all fees required for Your License. PxLxA Studio reserves the right to terminate this EULA and Your License, upon Your failure to pay all fees required. If additional licenses are required for the use of the application, You agree to pay the additional fees required.
You agree to pay all required fees in order to obtain a License to use the Application. Unless otherwise agreed in writing, You shall promptly pay all fees required for Your License. PxLxA Studio reserves the right to terminate this EULA and Your License, upon Your failure to pay all fees required. If additional licenses are required for the use of the application, You agree to pay the additional fees required.
10.0 THIRD PARTY TERMS & RESTRICTIONS
If you elect to use The App on an Apple device, the application is separately distributed exclusively by Apple through the App Store pursuant to the Apple Terms of Use. If you elect to use The App on an Android device, the application is separately distributed exclusively by Google through Google Play pursuant to the Google Terms of Service. To use The App on an Apple device, you must separately agree to the Apple Terms of Use prior to downloading the application, and to use the application on an Android device, you must separately agree to the Google Terms of Service. If you do not agree to these separate terms, then use of The App will not be permitted on your respective Apple-supported or Google-supported device. At the time of download of The App from the App Store or Google Play, as applicable, you will be prompted to agree to the Apple Terms of Use or the Google Terms of Service by checking a box displayed at the end of these terms or by clicking an “Agree” or similar button where this option is provided, or you will be deemed to have accepted such terms by using The App.
If you elect to use The App on an Apple device, the application is separately distributed exclusively by Apple through the App Store pursuant to the Apple Terms of Use. If you elect to use The App on an Android device, the application is separately distributed exclusively by Google through Google Play pursuant to the Google Terms of Service. To use The App on an Apple device, you must separately agree to the Apple Terms of Use prior to downloading the application, and to use the application on an Android device, you must separately agree to the Google Terms of Service. If you do not agree to these separate terms, then use of The App will not be permitted on your respective Apple-supported or Google-supported device. At the time of download of The App from the App Store or Google Play, as applicable, you will be prompted to agree to the Apple Terms of Use or the Google Terms of Service by checking a box displayed at the end of these terms or by clicking an “Agree” or similar button where this option is provided, or you will be deemed to have accepted such terms by using The App.
11.0 THIRD PARTY TERMS OF AGREEMENT
Definite components of The App may be provided by third parties. Any software, content or services provided by PxLxA Studio from a third party (“Third Party Components”) are provided to you hereunder subject to the terms and conditions of the applicable third party, which terms and conditions for such Third Party Components may change from time to time and if not otherwise provided to you are available by request from PxLxA Studio. If any such Third Party Components become unavailable to PxLxA Studio for any reason, or PeacexLovexAnimate, Llc deems it appropriate, in its reasonable discretion, then PeacexLovexAnimate, Llc may remove or replace such Third Party Components.
Definite components of The App may be provided by third parties. Any software, content or services provided by PxLxA Studio from a third party (“Third Party Components”) are provided to you hereunder subject to the terms and conditions of the applicable third party, which terms and conditions for such Third Party Components may change from time to time and if not otherwise provided to you are available by request from PxLxA Studio. If any such Third Party Components become unavailable to PxLxA Studio for any reason, or PeacexLovexAnimate, Llc deems it appropriate, in its reasonable discretion, then PeacexLovexAnimate, Llc may remove or replace such Third Party Components.
12.0 INTELLECTUAL PROPERTY
All of the content available on or through The App, uploaded to the System, or shared during the provision of the Vendor Services is the property of PeacexLovexAnimate, Llc or its licensors or licensees and is protected by copyright, trademark, patent, trade secret and other intellectual property law. PeacexLovexAnimate, Llc gives you permission to display, download, store and print the content only for your personal use to connect to the System to access the Vendor Services. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through The App to anyone. Any copy made of information obtained through The App must include the copyright notice. All software and accompanying documentation made available for download from The App is the copyrighted work of PeacexLovexAnimate, Llc or its licensors or licensees. All PeacexLovexAnimate, Llc trade and service names, including, but not limited to “PeacexLovexAnimate, Llc” are trademarks of PeacexLovexAnimate, Llc. All other brands and names are the property of their respective owners. Nothing contained in this Agreement or in The App should be construed as granting any license or right to use any trademark of PeacexLovexAnimate, Llc or its licensors, licensees or suppliers without the express written permission of PeacexLovexAnimate, Llc or such third-party that may own the trademark.
All of the content available on or through The App, uploaded to the System, or shared during the provision of the Vendor Services is the property of PeacexLovexAnimate, Llc or its licensors or licensees and is protected by copyright, trademark, patent, trade secret and other intellectual property law. PeacexLovexAnimate, Llc gives you permission to display, download, store and print the content only for your personal use to connect to the System to access the Vendor Services. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through The App to anyone. Any copy made of information obtained through The App must include the copyright notice. All software and accompanying documentation made available for download from The App is the copyrighted work of PeacexLovexAnimate, Llc or its licensors or licensees. All PeacexLovexAnimate, Llc trade and service names, including, but not limited to “PeacexLovexAnimate, Llc” are trademarks of PeacexLovexAnimate, Llc. All other brands and names are the property of their respective owners. Nothing contained in this Agreement or in The App should be construed as granting any license or right to use any trademark of PeacexLovexAnimate, Llc or its licensors, licensees or suppliers without the express written permission of PeacexLovexAnimate, Llc or such third-party that may own the trademark.
13.0 TERM / TERMINATION OF LICENSE
This License is effective until terminated by you or PxLxA Studio. Your rights under this License will terminate automatically without notice from PxLxA Studio if you fail to comply with any term(s) of this License. Upon termination of this License, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application. The waiver by either party of any default or breach of this License will not constitute a waiver of any other or subsequent default or breach.
This License is effective until terminated by you or PxLxA Studio. Your rights under this License will terminate automatically without notice from PxLxA Studio if you fail to comply with any term(s) of this License. Upon termination of this License, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application. The waiver by either party of any default or breach of this License will not constitute a waiver of any other or subsequent default or breach.
If the Licensee breaches any of the stipulations in this EULA, in above, PeacexLovexAnimate, Llc may, at its sole and absolute discretion, immediately terminate, suspend in part or in whole, or restrict the Licensee’s right to use of the Application without notice.
14.0 PRODUCT CLAIMS
You acknowledge that PxLxA Studio, not Apple, Inc. OR Google, is responsible for addressing any claims of the end-user or any third party relating to the Application or the end-user's possession and/or use of the Application, including, without limitation: (a.) product liability claims; (b.) any claim that the Application fails to conform to any applicable legal or regulatory requirements; and (c) claims arising under consumer protection or similar legislation.
You acknowledge that PxLxA Studio, not Apple, Inc. OR Google, is responsible for addressing any claims of the end-user or any third party relating to the Application or the end-user's possession and/or use of the Application, including, without limitation: (a.) product liability claims; (b.) any claim that the Application fails to conform to any applicable legal or regulatory requirements; and (c) claims arising under consumer protection or similar legislation.
15.0 SECURITY
You are completely and exclusively responsible for any and all use of The App on iOS or Android device. PxLxA Studio reserves the right to withdraw or disable your access to or through The App at any time, including the Vendor Services. You comprehend and agree that The App uses a data connection over your cellular carrier or the Internet to communicate with the System and provide access on your device to the System, and by using The App you agree that data connections and communications through your cellular carrier or the Internet are never completely private or secure and that you understand that any message or information you send to or receive from the System, including during provision of the Vendor Services, may be read or intercepted by others, even though PeacexLovexAnimate, Llc uses industry standard practices for protecting against such reading or interception by others and even if there is a special notice that a particular transmission is encrypted.
You are completely and exclusively responsible for any and all use of The App on iOS or Android device. PxLxA Studio reserves the right to withdraw or disable your access to or through The App at any time, including the Vendor Services. You comprehend and agree that The App uses a data connection over your cellular carrier or the Internet to communicate with the System and provide access on your device to the System, and by using The App you agree that data connections and communications through your cellular carrier or the Internet are never completely private or secure and that you understand that any message or information you send to or receive from the System, including during provision of the Vendor Services, may be read or intercepted by others, even though PeacexLovexAnimate, Llc uses industry standard practices for protecting against such reading or interception by others and even if there is a special notice that a particular transmission is encrypted.
16.0 SUPPORT
PxLxA Studio does not offer support for The App other than the provision of updates, patches, bug fixes and new versions via the Apple App Store or Google Play, to be determined in PeacexLovexAnimate, Llc’ exclusive will. Neither Apple nor Google has any obligation to provide maintenance and support for The App. It is your obligation to ensure that you are using the latest version of The App, and PeacexLovexAnimate, Llc may refuse to allow access to the System or the provision of the Vendor Services at any time for any App that is not the most current application available.
PxLxA Studio does not offer support for The App other than the provision of updates, patches, bug fixes and new versions via the Apple App Store or Google Play, to be determined in PeacexLovexAnimate, Llc’ exclusive will. Neither Apple nor Google has any obligation to provide maintenance and support for The App. It is your obligation to ensure that you are using the latest version of The App, and PeacexLovexAnimate, Llc may refuse to allow access to the System or the provision of the Vendor Services at any time for any App that is not the most current application available.
17.0 DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND AND PXLXA STUDIO, ITS SUPPLIERS, DISTRIBUTORS AND ANY LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PXLXA STUDIO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND AND PXLXA STUDIO, ITS SUPPLIERS, DISTRIBUTORS AND ANY LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PXLXA STUDIO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PXLXA STUDIO OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT PXLXA STUDIO OR ANY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO SXITY (60) DAYS FROM THE DATE YOU FIRST INSTALLED THE SOFTWARE ON YOUR COMPUTER; PROVIDED, HOWEVER, THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND PXLXA STUDIO'S SOLE OBLIGATION SHALL IN ANY CASE BE THAT PXLXA STUDIO WILL, AT ITS OPTION, REPAIR OR REPLACE YOUR COPY OF THE SOFTWARE, OR TERMINATE THIS LICENSE AGREEMENT AND REFUND AMOUNTS ALREADY PAID THEREFOR BY YOU.
18.0 LIMITATION OF LIABILITY
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE, PXLXA STUDIO, ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF PXLXA STUDIO, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PXLXA STUDIO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE, PXLXA STUDIO, ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF PXLXA STUDIO, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PXLXA STUDIO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE.
19.0 INDEMNITY
You will indemnify, defend, and hold PeacexLovexAnimate, Llc and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the "PeacexLovexAnimate, Llc Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the PeacexLovexAnimate, Llc Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to PeacexLovexAnimate, Llc or its vendors' servers; your violation of this Agreement; or your violation of the rights of any other person or entity. PeacexLovexAnimate, Llc reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PeacexLovexAnimate, Llc, and you will cooperate with PeacexLovexAnimate, Llc' defense of these claims.
You will indemnify, defend, and hold PeacexLovexAnimate, Llc and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the "PeacexLovexAnimate, Llc Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the PeacexLovexAnimate, Llc Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to PeacexLovexAnimate, Llc or its vendors' servers; your violation of this Agreement; or your violation of the rights of any other person or entity. PeacexLovexAnimate, Llc reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PeacexLovexAnimate, Llc, and you will cooperate with PeacexLovexAnimate, Llc' defense of these claims.
20.0 PRIVACY AND USE OF INFORMATION
Licensee acknowledges and agrees that Licensee (and third parties acting on Licensee’s behalf) may provide, and PxLxA Studio and its Resellers (and third parties acting on behalf of PxLxA Studio and its Resellers) may obtain, certain information and data with respect to Licensee (including, without limitation, personal information) and Licensee’s business in connection with this Agreement, including, without limitation, information and data provided to or obtained by PxLxA Studio and its Resellers (or third parties acting on behalf of PxLxA Studio and its Resellers) through the Customer Information Form and otherwise, in connection with ordering, registration, activation, updating, validating entitlement to, auditing, monitoring Installation of and Access to PxLxA Studio Materials, Relationship Programs and Services and managing the relationship with Licensee.
Licensee acknowledges and agrees that Licensee (and third parties acting on Licensee’s behalf) may provide, and PxLxA Studio and its Resellers (and third parties acting on behalf of PxLxA Studio and its Resellers) may obtain, certain information and data with respect to Licensee (including, without limitation, personal information) and Licensee’s business in connection with this Agreement, including, without limitation, information and data provided to or obtained by PxLxA Studio and its Resellers (or third parties acting on behalf of PxLxA Studio and its Resellers) through the Customer Information Form and otherwise, in connection with ordering, registration, activation, updating, validating entitlement to, auditing, monitoring Installation of and Access to PxLxA Studio Materials, Relationship Programs and Services and managing the relationship with Licensee.
Licensee hereby consents to PxLxA Studio maintaining, using, storing and disclosing such information and data (including, without limitation, personal information, if any) in conformity with PxLxA Studio’s policies on privacy and data protection, as such policies may be updated from time to time, including without limitation PxLxA Studio’s Privacy Statement, as currently located at https://pxlxastudio.com/privacy-policy. Without limitation of the generality of the foregoing, Licensee acknowledges and agrees that:
PxLxA Studio may from time to time prompt Licensee (and third parties acting on Licensee’s behalf) to provide express agreement to the terms of PxLxA Studio’s Privacy Statement and/or express agreement to specific uses of information and data (including, without limitation, personal information);
PxLxA Studio may provide information and data, including, without limitation, information and data about Licensee’s use of PxLxA Studio Materials, Relationship Programs, and Licensee’s support requests, to PxLxA Studio subsidiaries and affiliates, Resellers and other third parties in connection with the provision, maintenance, administration or usage of Licensed Materials, Relationship Programs or Services or in connection with enforcement of any agreements relating to Licensed Materials, Relationship Programs or Services; and
PxLxA Studio may make cross-border transfers of such information and data, including to jurisdictions with privacy or data protection laws that are less protective of Licensee than the jurisdiction in which Licensee is domiciled. Licensee acknowledges and agrees that such policies may be changed from time to time by PxLxA Studio and that, effective upon posting on PxLxA Studio’s website or other written notice from PxLxA Studio, Licensee will be subject to such changes.
PxLxA Studio may from time to time prompt Licensee (and third parties acting on Licensee’s behalf) to provide express agreement to the terms of PxLxA Studio’s Privacy Statement and/or express agreement to specific uses of information and data (including, without limitation, personal information);
PxLxA Studio may provide information and data, including, without limitation, information and data about Licensee’s use of PxLxA Studio Materials, Relationship Programs, and Licensee’s support requests, to PxLxA Studio subsidiaries and affiliates, Resellers and other third parties in connection with the provision, maintenance, administration or usage of Licensed Materials, Relationship Programs or Services or in connection with enforcement of any agreements relating to Licensed Materials, Relationship Programs or Services; and
PxLxA Studio may make cross-border transfers of such information and data, including to jurisdictions with privacy or data protection laws that are less protective of Licensee than the jurisdiction in which Licensee is domiciled. Licensee acknowledges and agrees that such policies may be changed from time to time by PxLxA Studio and that, effective upon posting on PxLxA Studio’s website or other written notice from PxLxA Studio, Licensee will be subject to such changes.
21.0 CONNECTIVITY
Certain Licensed Materials may facilitate or require Licensee’s access to and use of content and services that are hosted on websites maintained by PxLxA Studio or by third parties. In some cases, such content and services may appear to be a feature or function within, or extension of, the Licensed Materials on Licensee’s Computer or Mobile device even though hosted on such websites. Accessing such content or services and use of Licensed Materials may cause Licensee’s Computer or Mobile device, without additional notice, to connect automatically to the Internet (transitorily, intermittently or on a regular basis) and to communicate with an PxLxA Studio or third-party website, for example, for purposes of providing Licensee with additional information, features and functionality or to validate that the Licensed Materials and/or content or services are being used as permitted under this Agreement or other applicable terms. Such connectivity to PxLxA Studio websites is governed by PxLxA Studio’s policies on privacy and data protection. Such connectivity to websites of third parties is governed by the terms (including the disclaimers and notices) found on such sites or otherwise associated with the third-party content or services. PxLxA Studio does not control, endorse, or accept responsibility for any such third-party content or services, and any dealings between Licensee and any third party in connection with such content or services, including, without limitation, such third party’s privacy policies, use of personal information, delivery of and payment for goods and services, and any other terms associated with such dealings, are solely between Licensee and such third party. PxLxA Studio may at any time, for any reason, modify or discontinue the availability of any third-party content or services. Access to and use of certain content and services (whether of PxLxA Studio or third parties) may require assent to separate terms and/or payment of additional fees.
Certain Licensed Materials may facilitate or require Licensee’s access to and use of content and services that are hosted on websites maintained by PxLxA Studio or by third parties. In some cases, such content and services may appear to be a feature or function within, or extension of, the Licensed Materials on Licensee’s Computer or Mobile device even though hosted on such websites. Accessing such content or services and use of Licensed Materials may cause Licensee’s Computer or Mobile device, without additional notice, to connect automatically to the Internet (transitorily, intermittently or on a regular basis) and to communicate with an PxLxA Studio or third-party website, for example, for purposes of providing Licensee with additional information, features and functionality or to validate that the Licensed Materials and/or content or services are being used as permitted under this Agreement or other applicable terms. Such connectivity to PxLxA Studio websites is governed by PxLxA Studio’s policies on privacy and data protection. Such connectivity to websites of third parties is governed by the terms (including the disclaimers and notices) found on such sites or otherwise associated with the third-party content or services. PxLxA Studio does not control, endorse, or accept responsibility for any such third-party content or services, and any dealings between Licensee and any third party in connection with such content or services, including, without limitation, such third party’s privacy policies, use of personal information, delivery of and payment for goods and services, and any other terms associated with such dealings, are solely between Licensee and such third party. PxLxA Studio may at any time, for any reason, modify or discontinue the availability of any third-party content or services. Access to and use of certain content and services (whether of PxLxA Studio or third parties) may require assent to separate terms and/or payment of additional fees.
22.0 ACCESS BY MINORS
The Children’s Online Privacy and Protection Act requires that online service providers, which are consistently accessed by children under the age of 13 years old, obtain parental consent before they collect personally identifiable information online from these children. PxLxA Studio does not knowingly collect Personal Data from children under the age of 13, and our Software is not directed at users under the age of 13. You hereby acknowledge and agree that children under the age of 13 are prohibited from using our Software. A parent, guardian, or personal representative may use the Software on behalf of a child under the age of 13. Furthermore, you acknowledge and agree that minors between the ages of 13 and 17 may use our Software, but that a parent, guardian or personal representative must consent to this Agreement and our Privacy Policy on their behalf.
The Children’s Online Privacy and Protection Act requires that online service providers, which are consistently accessed by children under the age of 13 years old, obtain parental consent before they collect personally identifiable information online from these children. PxLxA Studio does not knowingly collect Personal Data from children under the age of 13, and our Software is not directed at users under the age of 13. You hereby acknowledge and agree that children under the age of 13 are prohibited from using our Software. A parent, guardian, or personal representative may use the Software on behalf of a child under the age of 13. Furthermore, you acknowledge and agree that minors between the ages of 13 and 17 may use our Software, but that a parent, guardian or personal representative must consent to this Agreement and our Privacy Policy on their behalf.
23.0 AUDIT
During the term of this Agreement and for a period of one year thereafter, PeacexLovexAnimate, Llc may, during normal business hours and upon reasonable prior notice to End User, inspect the files, mobile processors, equipment and facilities of End User to verify End User's compliance with this EULA
During the term of this Agreement and for a period of one year thereafter, PeacexLovexAnimate, Llc may, during normal business hours and upon reasonable prior notice to End User, inspect the files, mobile processors, equipment and facilities of End User to verify End User's compliance with this EULA
24.0 EXPORT LAW AND CONTROL
Export and re-export of this Application is governed by the laws, restrictions and regulations of the United States and applicable export and import laws, restrictions and regulations of certain other countries (collectively, "Export Laws"). You will comply with all such Export Laws. Export or re-export of this Application (including any direct product thereof) to any entity on the Denied Parties List and other lists promulgated by various agencies of the United States Federal Government is strictly prohibited.
In addition, if the Application is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (e.g., Iran, Syria, Sudan, Cuba and North Korea) designated by the U.S. Government and that you are not otherwise a prohibited or restricted party published by the U.S. Treasury, U.S. Department of Commerce or other similar agencies of the United States Federal Government.
Export and re-export of this Application is governed by the laws, restrictions and regulations of the United States and applicable export and import laws, restrictions and regulations of certain other countries (collectively, "Export Laws"). You will comply with all such Export Laws. Export or re-export of this Application (including any direct product thereof) to any entity on the Denied Parties List and other lists promulgated by various agencies of the United States Federal Government is strictly prohibited.
In addition, if the Application is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (e.g., Iran, Syria, Sudan, Cuba and North Korea) designated by the U.S. Government and that you are not otherwise a prohibited or restricted party published by the U.S. Treasury, U.S. Department of Commerce or other similar agencies of the United States Federal Government.
25.0 GOVERNING LAW, VENUE, AND JURISDICTION
This Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of [COUNTRY]. This Agreement and the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
This Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of [COUNTRY]. This Agreement and the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the province of [COUNTRY]. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Application or this Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
26.0 DISPUTES; ARBITRATION
If you have any dispute with or claim against us or any of our affiliates (a "Claim") arising out of or relating to the Application or this Agreement, and the claim is not resolved by calling our customer service department, you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person's claim. You and we agree that the British Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section shall survive termination of this Agreement or any subscription that you may have to receive Content.
If you have any dispute with or claim against us or any of our affiliates (a "Claim") arising out of or relating to the Application or this Agreement, and the claim is not resolved by calling our customer service department, you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person's claim. You and we agree that the British Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section shall survive termination of this Agreement or any subscription that you may have to receive Content.
Before you commence arbitration or file a small claims court action with respect to your Claim, you must first send to PeacexLovexAnimate, Llc a written notice of your claim ("Notice"). The Notice must:
(1) be sent by certified mail;
(2) be addressed to:
PeacexLovexAnimate, Llc
_________________________
_________________________
_________________________
peacexlovexanimate@gmail.com
Attn: Legal Department;
(3) describe the nature of your Claim; and
(4) specify the damages or other relief you seek.
(1) be sent by certified mail;
(2) be addressed to:
PeacexLovexAnimate, Llc
_________________________
_________________________
_________________________
peacexlovexanimate@gmail.com
Attn: Legal Department;
(3) describe the nature of your Claim; and
(4) specify the damages or other relief you seek.
If we and you do not then resolve the Claim within 30 days after our receipt of your Notice is received, either you or we may commence arbitration or file a small claims court action to resolve the Claim.
Any such arbitration shall be administered by the British Arbitration Association and be conducted in accordance with its Commercial Arbitration Rules, including the Consumer-Related Disputes Supplementary Procedures, if applicable (the "Rules").
23.0 ASSIGNMENT
Licensee may not assign this EULA, and any attempted assignment will be null and void.
Licensee may not assign this EULA, and any attempted assignment will be null and void.
24.0 MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided. However, this Agreement will coexist with the PxLxA Studio Terms and any Additional Terms. To the extent that the provisions of this Agreement conflict with the PxLxA Studio Terms, this Agreement will govern. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email, if you have provided it to us. If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we acknowledge and agree that the Distribution Channel and its subsidiaries are intended third party beneficiaries of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided. However, this Agreement will coexist with the PxLxA Studio Terms and any Additional Terms. To the extent that the provisions of this Agreement conflict with the PxLxA Studio Terms, this Agreement will govern. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email, if you have provided it to us. If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we acknowledge and agree that the Distribution Channel and its subsidiaries are intended third party beneficiaries of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
CONTACT INFORMATION
You may contact us at:
_________________________
_________________________
_________________________
peacexlovexanimate@gmail.com
Note: Some of the headings in these terms of agreement might not fully explain their contents and purpose, so therefore; we advise that you review these terms properly before installing or using the PxLxA Studio App.
You may contact us at:
_________________________
_________________________
_________________________
peacexlovexanimate@gmail.com
Note: Some of the headings in these terms of agreement might not fully explain their contents and purpose, so therefore; we advise that you review these terms properly before installing or using the PxLxA Studio App.
If you have any questions, claims, or complaints, you should notify us through the contact or help feature of the relevant Service.
You hereby acknowledge that you have read and understood this Agreement and agree that by clicking "Accept" or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.
Revised & Updated: January, 2020