THIS TERMS OF USE AGREEMENT (the “Agreement”) establishes a legally binding understanding between PIXEL HARMONY, a limited liability company organized under the laws of the state of Romania (“PixelHarmony”), and the client, whether personally or on behalf of an entity (“Client”), concerning access and utilization of PixelHarmony’s website: https://www.pixelharmony.co/ (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected to it. Failure to agree and adhere to all the terms, conditions, and obligations outlined herein will result in the explicit prohibition of the Client’s use of the Website, and the Client is directed to discontinue use immediately. Subsequently, the relationship between the Client and PixelHarmony shall cease and have no further force and effect between the parties, except that any obligation of the Client to compensate PixelHarmony for services rendered shall persist and remain an ongoing obligation owed by the Client to PixelHarmony.
1. Intellectual Property Rights
Unless otherwise specified, the Website is the exclusive property of PixelHarmony, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in any format (collectively or individually referred to as the “Content”) and the trademarks, service marks, and logos therein (the “Marks”) are the rightful ownership of PixelHarmony. These assets are protected by copyright and trademark laws, as well as any other applicable intellectual property law or regulation in the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your personal information and use only. Unless expressly stated herein, no part of the Website, and no Content, may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without PixelHarmony’s explicit prior written consent. PixelHarmony retains all rights to the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding PixelHarmony’s ownership of Submissions, as detailed in Paragraph 4 (“Client Feedback”), all design and original source files crafted on the Client’s behalf (“Projects”) are the exclusive property of the Client. The Client shall hold the sole ownership of the copyright for all Projects. In the event that any legal operation would designate PixelHarmony as the owner of a Project, in whole or in part, rather than the Client, PixelHarmony hereby irrevocably and perpetually assigns its entire interest in the Project to the Client, without any limitations.
The Client affirms that any materials provided to PixelHarmony as examples or for incorporation into a project during the design process are owned by the Client and do not violate or misappropriate any third party’s rights, including but not limited to all intellectual property rights and any right of publicity. PixelHarmony retains the right to share the Client’s design work publicly (on social media, the website, etc.) unless otherwise agreed upon, as stated in section 18 of this document.
3. Third-Party Fonts
If any Project includes fonts not owned by PixelHarmony and necessitates a commercial license for the legal reproduction, distribution, or public display of the Project (“Third-Party Font(s)”), PixelHarmony will notify the Client in writing that one or more Third-Party Fonts have been integrated into the Project. The Client will be advised to acquire one or more licenses for the Third-Party Fonts from the rights-holder(s) to legally reproduce, distribute, or publicly display the Project. The notice will contain sufficient information for the Client to identify the required licenses and contact the appropriate parties for their purchase.
Provided that PixelHarmony has duly informed the Client about the inclusion of Third-Party Fonts as outlined above, the Client assumes full responsibility for any consequences resulting from their failure to procure one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
Through the utilization of the Website, the Client affirms and guarantees the following:
1. The Client possesses the legal capacity and commits to adhere to these Terms of Use.
2. The Client is not a minor in their jurisdiction of residence.
3. The Client will refrain from accessing the Website through automated or non-human means.
4. The Client will not employ the Website for any illegal or unauthorized purposes.
5. The Client’s utilization of the Website will not contravene any applicable law or regulation.
5. Prohibited Activities
The Client is prohibited from accessing or using the Website for any purpose other than its intended use. The Website may not be utilized for commercial endeavors except those related to the work performed by PixelHarmony on behalf of the Client. Additionally, the Client agrees to refrain from the following actions:
1. Making any unauthorized use of the Website.
2. Retrieving data or content for the purpose of creating or compiling a database or directory.
3. Circumventing, disabling, or otherwise interfering with security-related features on the Website.
4. Engaging in unauthorized framing or linking of the Website.
5. Tricking, defrauding, or misleading PixelHarmony or other users.
6. Interfering with, disrupting, or creating an undue burden on the Website or PixelHarmony’s networks or servers.
7. Using the Website in an effort to compete with PixelHarmony.
8. Deciphering, decompiling, disassembling, or reverse engineering any software comprising or in any way making up a part of the Website.
9. Bypassing any measures on the Website designed to prevent or restrict access.
10. Harassing, annoying, intimidating, or threatening any of PixelHarmony’s employees, independent contractors, or agents providing services through the Website.
11. Deleting the copyright or other rights notice from any Content.
12. Copying or adapting the Website’s software.
13. Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other materials that interfere with any party’s use of the Website.
14. Uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism.
15. Disparaging, tarnishing, or otherwise harming PixelHarmony.
16. Using the Website in a manner inconsistent with any applicable laws, statutes, or regulations.
6. Client Feedback
The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (referred to as a “Submission”) shall be the exclusive property of PixelHarmony. PixelHarmony is not obligated to maintain the confidentiality of a Submission or take measures to ensure its confidentiality. PixelHarmony shall be the sole and exclusive owner of all rights related to the Submission, except to the extent that rights are granted to the Client under Paragraph 2 (“Ownership of Materials”). PixelHarmony retains the sole and unrestricted discretion to use and disseminate a Submission for any lawful purpose without seeking permission, providing acknowledgment, or offering compensation to the Client. The Client acknowledges its right to articulate and submit the Submission, waiving all claims and recourse against PixelHarmony for its use of the Submission in accordance with the terms herein and at its sole discretion thereafter.
7. Management and Oversite
PixelHarmony reserves the right to monitor the Website for breaches of these Terms of Use and to initiate appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. PixelHarmony further retains the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decisions shall be made solely at the discretion of PixelHarmony, without notice or liability to the Client. All determinations concerning the administration of the Website shall be at the sole discretion of PixelHarmony and aimed at safeguarding PixelHarmony’s rights and property.
8. Privacy Policy
By using the Website, the Client agrees to be bound and abide by the Privacy Policy, including the terms specifically outlined therein and adopted and incorporated herein. The Website is hosted in the European Union. Accessing the Website from the EU, Asia, or any other region may subject the Client to laws, statutes, or regulations that differ from those governing personal data collection, use, or disclosure in the European Union. The Client’s continued use of the Website and the transfer of data to the European Union constitute express consent from the Client for the transfer and processing of data in the European Union.
PixelHarmony does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon receiving actual knowledge that an individual under the age of 13 has provided personally identifiable information to PixelHarmony without parental consent, PixelHarmony shall promptly delete that information.
9. Returns and Refunds
PixelHarmony reserves the right to decline refunds at its own discretion and without notice or liability to the Client. Refund requests will be evaluated on a case-by-case basis. If a Client requests a refund within the first month of use, all materials produced by PixelHarmony become the property of the company and are strictly prohibited from use by the Client in any manner.
In the event that a refund is deemed appropriate, a 25% fee will be applied to the remaining billable period.
PixelHarmony retains the right to initiate appropriate legal actions against the Client for a breach of this paragraph.
10. Modification
PixelHarmony reserves the right to change, alter, modify, amend, or remove any content on the Website for any reason at its sole discretion. PixelHarmony also reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
11. Connection Interruptions
PixelHarmony does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other factors may result in interruptions, delays, or errors beyond PixelHarmony’s control. The Client agrees that PixelHarmony shall not be liable for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Romania without regard to conflict of law principles.
13. Litigation
Any legal action of whatever nature shall be brought in the state courts of Bucharest , Romania. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction.
14. Disclaimer
The Website is provided on an as-is, as-available basis. The Client agrees that its use of the Website and Services is at the Client’s sole risk. PixelHarmony disclaims all warranties, express or implied, in connection with the Website and the Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PixelHarmony makes no warranties or representations about the accuracy or completeness of the Website or any content thereon, or the content of any websites linked to the Website, and PixelHarmony assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage of any nature whatsoever, any unauthorized access to or use of PixelHarmony’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. PixelHarmony does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
PixelHarmony and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold harmless PixelHarmony and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client’s representations and warranties set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, PixelHarmony reserves the right, at the Client’s expense, to assume control and defense of any matter for which the Client shall be required to indemnify PixelHarmony hereunder. The Client agrees to cooperate with the defense of such claims.
16. User Data
The Client is solely responsible for all data transmitted to or related to any activity undertaken using the Website. PixelHarmony shall have no liability to the Client for any loss or corruption of such data, and the Client hereby waives any right of action against PixelHarmony arising from any such loss or corruption.
17. Electronic communications, transactions and signatures
The Client hereby consents to receive electronic communications from PixelHarmony, and the Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. The Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, as well as to electronic delivery of notices, policies, and records of transactions initiated or completed by PixelHarmony or through the Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
PixelHarmony reserves the right to share design work on digital channels, including social media and the website, unless otherwise agreed upon. The Client reserves the right to issue a Non-Disclosure Agreement (NDA) between themselves and PixelHarmony. In such a case, the NDA would void PixelHarmony’s right to share or discuss the Client’s work publicly.
19. Referrals
Referral tracking and payouts are handled through our third-party partner, Rewardful.com.
20. Miscellaneous
These Terms of Use and any policies posted on the Website or related to the Website constitute the entire agreement and understanding between the Client and PixelHarmony. The failure of PixelHarmony to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and PixelHarmony.
21. Contact Information
For any questions or complaints regarding the Website, please contact DesignJoy at: [email protected]