Terms & Conditions

Welcome to the PXI Digital Solutions Website. Please review the following terms and conditions concerning your use of this Website. By registering with our site and accepting these Terms of Use, you agree to follow and be bound by these terms and conditions when accessing, using, or downloading materials from this Website.

TABLE OF CONTENTS:

1. Legal Contract
2. Ownership of Website; Terms of Use
3. Subscription Terms
4. Term and Termination
5. License to Copyrighted Content
6. License to Software
7. Use of Personal Folder
8. Privacy Policy
9. Notice of Infringement
10. System Integrity
11. Non-Competition
12. Right to Remove Users
13. Links to Third Party Sites
14. Disclaimer of Warranties
15. Limitation of Liability
16. Certain Jurisdictions
17. No Agency Relationship
18. Notices
19. Governing Law/Jurisdiction
20. Miscellaneous

1. Legal Contract. Your registration with this Website means you agree to the following terms of use (the “Terms of Use”). “Registration” means the process of providing your name, company, address, and other identifying information to PXI Digital Solutions in return for which you will select a username and password allowing you access to the packaging content of this Website, and also includes your signifying your acknowledgement and acceptance of these Terms of Use by clicking the “I Accept” button at the bottom of this agreement. If you do not agree with these terms you should leave this Website immediately, and you may not use the files and services available herein and/or not subscribe to this service. By clicking the “I Accept” button, you accept these Terms of Use as a legally binding contract.
2. Ownership of Website & Terms of Use. This Website is owned and operated by PXI Digital Solutions that owns or has licensed all the material on this Website. PXI Digital Solutions reserves the right to change or amend these Terms of Use, including PXI Digital Solutions’s subscription rates, at any time without prior notice. By your Registration to use the services, the Content, and/or the Software of this Website, you signify your agreement to the Terms of Use in effect at the time of such use. It is your responsibility periodically to review these Terms of Use for any changes that may affect your use of this Website. Prior to the effective date of any new Terms of Use or Subscription Rates, PXI Digital Solutions will provide notice by email to the address you provide during Registration and will provide you with an opportunity to review the new Terms of Use or Subscription Rates and indicate your acceptance or rejection of them. If you reject the new Terms of Use or Subscription Rate, your use of the site shall be immediately terminated.
3. Subscription Terms. Access to the PXI Digital Solutions website is provided on a subscription basis. Different subscription periods and rates are available. Users must agree to be subject to the fees and chosen subscription rates and must provide a valid credit card account number to PXI Digital Solutions before access to the PXI Digital Solutions website will be granted. PXI Digital Solutions reserves the right to change its subscription rates at any time, and will notify you of such changes before they take effect as outlined in Section 2. You will not be charged the new subscription rate until the end of your current paid membership term.
4. Term and Termination. This agreement shall take effect on the day that the User’s Registration information is received by PXI Digital Solutions, and shall remain in effect on a subscription basis until terminated by either Party, pursuant to these Terms of Use. The User may cancel its membership at any time by providing notice to PXI Digital Solutions: (1) by email notification sent to Support@PXIDigital.com or (2) by U.S. mail addressed to PXI Digital Solutions, Attention: Customer Service, 17100 Ventura Blvd., Suite 223, Encino, CA 91316. Upon receipt of your cancellation notice, your access to the website shall be terminated.
5. License to Copyrighted Content. This Website contains packaging designs and templates copyrighted or licensed by PXI Digital Solutions (the “Content”) that are made available to you for downloading or for use with the PXI Digital Solutions Software that is available on this Website. Upon your Registration and acceptance of these Terms of Use, PXI Digital Solutions grants you a non-exclusive, royalty-free, worldwide right and license to use the Content, either with the PXI Digital Solutions Software, or third party software on your personal computer or network. For purposes of these Terms, “Use” means the ability to use, download, copy, reproduce, redesign, distribute, synchronize, transmit, modify, publicly and digitally perform, and display. Downloading the Content does not transfer to you title to the Content or any intellectual property rights therein. The design or layout of this Website is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part. PXI Digital Solutions is the owner or licensee of all rights in and to the Content, and has the right to modify, convert or remove Content, at its sole discretion, at any time, without notice.
6. License to Software. This Website contains PXI Digital Solutions copyrighted software programs and files (“the PXI Digital Solutions Software”) that are available for use with Content. Upon your Registration and acceptance of these Terms of Use, PXI Digital Solutions grants you a non-exclusive, royalty-free, worldwide right and license to use PXI Digital Solutions Software solely while you are accessing the PXI Digital Solutions Website, either with PXI Digital Solutions Content, or your own compatible-format designs or files. Use of the PXI Digital Solutions Software does not transfer title to the PXI Digital Solutions Software, or any intellectual property rights therein, to you. You shall not download, decompile, reverse engineer, disassemble, redistribute, sell, or otherwise reduce the PXI Digital Solutions Software to a machine or human readable form. The expression, source code, and object code of the PXI Digital Solutions Software is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part. PXI Digital Solutions is the owner or licensee of all rights in and to the PXI Digital Solutions Software, and it has the right to modify, convert, or remove the PXI Digital Solutions Software, or any part thereof, at its sole discretion, at any time, without notice.
7. Use of Personal Folder. Upon your Registration and acceptance of these Terms of Use, PXI Digital Solutions will provide you with a Personal Folder System on the PXI Digital Solutions server, accessible through the PXI Digital Solutions Website, to which you may upload electronic files containing or comprising PXI Digital Solutions designs and any customizations or modifications thereto (the “Personal Folder System Content”). Such Personal Folder System shall be protected by a password access system; you agree that you will not provide any third parties with your system username and password and will take reasonable steps to prevent inadvertent discovery by third parties of your username and password. You represent and warrant to PXI Digital Solutions, now and each time you access your Personal Folder System, that: (i) your use of the Personal Folder System and your Personal Folder System Content shall not involve, contain, or be used for the knowing use, distribution, sale, preparation for sale, or offer for sale of counterfeit or stolen goods; (ii) your use of the Personal Folder System and your Personal Folder System Content shall not contain, or involve any material that is defamatory, trade libelous, unlawfully threatening, or harassing, offensive or otherwise in violation of any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (iii) there exist no claims or potential claims by third parties with regards to any files placed in your Personal Folder System, including Personal Folder System Content; (iv) you own, or are licensed under, all rights and intellectual property in and to the Personal Folder System Content and have not infringed or misappropriated any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy in the creation and delivery of such Personal Folder System Content; (v) to the extent that you are storing of providing Personal Folder System Content with or on behalf of a third party, you acknowledge that PXI Digital Solutions is not a party to any such third party agreement and has no responsibilities or obligations to any third party under any such third party agreement; and (vi) your use of the Personal Folder System and your Personal Folder System Content shall not contain or involve the use of any viruses, Trojan Horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system, data, or personal information.
8. Privacy Policy. PXI Digital Solutions respects your privacy and expects that you will respect the privacy of other users. The complete terms of our Privacy Policy are part of this agreement and are incorporated by reference. Click here to review our Privacy Policy.
9. Notice of Copyright Infringement. With respect to Personal Folder Content as described in Section 7, and pursuant to the Digital Millennium Copyright Act, United States Code Title 17, Section 512(c)(2), copyright owners or their agents who have a good faith belief that any of the information posted by Users to their Personal Folder infringes a copyright, trademark, patent or other right of another party may submit a complaint of alleged copyright infringement to a service provider. Please review our Notice of Copyright Infringement Policy for instructions and legal requirements for submission of an infringement notice. Click here to review our Notice of Copyright Infringement Policy.
10. System Integrity. You shall not use any device, software, or routine to interfere or attempt to interfere with the proper working of the PXI Digital Solutions Website or any transaction being conducted on PXI Digital Solutions’s Website. You shall not take any action that imposes an unreasonable or disproportionately large load on PXI Digital Solutions’s infrastructure. You shall not disclose or share your password to any third parties or use your password for any unauthorized purpose.
11. Non-Competition. You shall not use any Content or the PXI Digital Solutions Software in any activity that is in any way competitive with the business or demonstrably anticipated business of PXI Digital Solutions, including, but not limited to the creation of a database of three dimensional designs or templates for packaging products, and you shall not assist any other person or organization in obtaining or using any Content or PXI Digital Solutions Software for the purpose of competing or in preparing to compete with any business or demonstrably anticipated business of PXI Digital Solutions.
12. Right to Remove Users. PXI Digital Solutions may, in its sole discretion, terminate or suspend any User’s access to all or part of the PXI Digital Solutions Website for any reason, including, without limitation, breach of these Terms of Use. PXI Digital Solutions shall have the right immediately to issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, and remove any information you place on the Website if you breach these Terms of Use or if we are unable to verify or authenticate any information you provide to us during registration. PXI Digital Solutions may attempt to notify you in advance of any such cancellation, but is under no obligation to do so. If PXI Digital Solutions cancels your membership for breach of these Terms of Use, any subscription fees paid shall be considered forfeit, and shall be refunded only in the sole discretion of PXI Digital Solutions
13. Links to Third Party Sites. This Website may contain hyperlinks to Websites controlled by parties other than PXI Digital Solutions. PXI Digital Solutions is not responsible for and does not endorse or accept any responsibility over the contents or use of these Websites.
14. DISCLAIMER OF WARRANTIES. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. UNLESS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PXI DIGITAL SOLUTIONS, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PXI DIGITAL SOLUTIONS MAKES NO WARRANTIES WITH RESPECT TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, AS TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION.
15. LIMITATION OF LIABILITY. IN NO EVENT SHALL PXI DIGITAL SOLUTIONS, NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT OR SERVICES COVERED BY THIS AGREEMENT. IN NO EVENT SHALL PXI DIGITAL SOLUTIONS, OR ANY OF ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THIS WEBSITE, THE MATERIALS CONTAINED HEREIN, PRODUCTS PURCHASED HEREIN OR ANY OTHER HYPERLINKED WEBSITE ACCESSED THROUGH THIS WEBSITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PXI DIGITAL SOLUTIONS IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SAME. PXI DIGITAL SOLUTIONS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THIS WEBSITE OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THIS WEBSITE AT ANY TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT PAYMENT BY PXI DIGITAL SOLUTIONS OF DIRECT DAMAGES, AS LIMITED BY THE FOREGOING SENTENCES, IS AND SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF SERVICE, AT LAW OR IN EQUITY, AND THAT SUCH REMEDY IS NOT DEEMED OR ALLEGED BY YOU TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT IS PXI DIGITAL SOLUTIONS LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY’S ACTS OR OMISSIONS. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.
16. Certain Jurisdictions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction.
17. No Agency Relationship. You and PXI Digital Solutions are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.
18. Notices. Except as explicitly stated otherwise, any notices shall be given by email to notice@PXIDigital.com (in the case of PXI Digital Solutions) or to the email address you provide to PXI Digital Solutions during the registration process (in your case), or such other address as you shall specify. Notice shall be deemed given 24-hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PXI Digital Solutions during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
19. Governing Law / Jurisdiction. PXI Digital Solutions controls this Website from its offices in Los Angeles County, California, United States of America. All matters relating to your access to, or use of, this Website shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, this Website shall be instituted in a state or federal court in Los Angeles County, California. You and PXI Digital Solutions agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. You shall not access, download, use or export the information, software, products or services contained on this Website in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.
20. Miscellaneous. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. PXI Digital Solutions’s failure to act with respect to a breach by you or others does not waive PXI Digital Solutions’s right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and PXI Digital Solutions with respect to the subject matter hereof.

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