Terms & Conditions
TABLE OF CONTENTS:
- Legal Contract
- Subscription Terms
- Term and Termination
- License to Copyrighted Content
- License to Software
- Use of Personal Folder
- Notice of Infringement
- System Integrity
- Right to Remove Users
- Links to Third Party Sites
- Disclaimer of Warranties
- Limitation of Liability
- Certain Jurisdictions
- No Agency Relationship
- Governing Law/Jurisdiction
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Copyright © 2017 PXI Digital Solutions. All Rights Reserved.
For the packaging industry and beyond, we create digital tools that help your business innovate and increase revenue.