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Privacy Policy
Pixel Systems recognises the importance of maintaining your
privacy. We value your privacy and appreciate your trust in us. This
Privacy Policy sets out how Pixel Systems uses and protects any
information that you give Pixel Systems when you use this
http://pixelitsolution.com/ or any other digital medium and other
offline sources of our Company. Pixel Systems is committed to
ensure that your privacy is protected. Should we ask you to provide
certain information by which you can be identified when using this
website, then you can be assured that it will only be used in accordance
with this Privacy Policy as it describes how we treat user information
we collect from you, the policies and procedures on the collection, use,
disclosure and protection of your information when you use our
Pixel Systems Platform. This Privacy Policy applies to current
former visitors to our Pixel Systems Platform and to our online
customers. By visiting and/or using our website, you agree to this
Privacy Policy. Pixel Systems may change this policy from time to
time by updating this page. You should check this page from time to time
to ensure that you are happy with any changes.
http://pixelitsolution.com/ is a property of Pixel Systems,
Proprietor, established under laws of India, having its registered
office at Proprietor, Maharashtra - 411002.
DEFINITIONS : The terms "Pixel Systems",
"Company", "we", "us" and "our" refer to the Pixel Systems. The
term "Pixel Systems Platform" refers to
http://pixelitsolution.com/ or any other digital medium and other
offline sources. The terms "you" and "your" refer to the user of the
http://pixelitsolution.com/. The term "Group" means, with respect to any
person, any entity that is controlled by such person, or any entity that
controls such person, or any entity that is under common control with
such person, whether directly or indirectly, or, in the case of a
natural person, any Relative (as such term is defined in the Companies
Act, 1956 and Companies Act, 2013 to the extent applicable) of such
person. The term "Services" refers to any services offered by
Pixel Systems whether on the online Platform or otherwise The
term "Policy" refers to this Privacy Policy. Please read this Policy
before using the Pixel Systems Platform or submitting any
personal information to Pixel Systems. This Policy is a part of
and incorporated within, and is to be read along with, the Terms of Use
http://pixelitsolution.com/
Information we collect from you :
Contact Information : We might collect it from
you.
Information you post :
We collect information you post in a public space on our
Pixel Systems Platform or on a third party social media site
related to
Pixel SystemsUsage and Preference Information : We collect information as to
how you interact with our Services, preferences expressed and settings
chosen. Pixel Systems Platform includes the
Pixel Systems advertising services ("Ad Services"), which may
collect user activity and browsing history within the
Pixel Systems Platform and across third-party sites and online
services, including those sites and services that include our ad pixels
("Pixels"), widgets, plug-ins, buttons, or related services or through
the use of cookies. Our Ad Services collect browsing information
including, without limitation, your Internet protocol (IP) address and
location, your login information, browser type and version, date and
time stamp, user agent, Pixel Systems cookie ID (if applicable),
time zone setting, browser plug-in types and versions, operating system
and platform, and other information about user activities on the
Pixel Systems Platform, as well as on third party sites and
services that have embedded our Pixels, widgets, plug-ins, buttons, or
related services. Transaction Information We collect transaction
details related to your use of our Services, and information about your
activity on the Services, including the full Uniform Resource Locators
(URL), the type of Services you requested or provided, comments, domain
names, search results selected, number of clicks, information and pages
viewed and searched for, the order of those pages, length of your visit
to our Services, the date and time you used the Services, amount
charged, details regarding application of promotional code, methods used
to browse away from the page and any phone number used to call our
customer service number and other related transaction details
WAYS OF COLLECTING INFORMATION :
We collect information directly from you : We collect
information directly from you when you register on
Pixel Systems Platform. We also collect information if you post a
comment on Pixel Systems Platform or ask us a question through
phone or email or any other source of communication.
We collect information from you passively :
We use tracking tools like for collecting information about your usage
of our website. We get information about you from third
parties:
We get information about you from third parties : We may
receive information about you from third parties, such as other users,
partners (including ad partners, analytics providers, search information
providers), or our affiliated companies or if you use any of the other
websites/apps we operate or the other Services we provide. Users of our
Ad Services and other third-parties may share information with us such
as the cookie ID, device ID, or demographic or interest data, and
information about content viewed or actions taken on a third-party
website, online services or apps. When you sign in to
Pixel Systems Platform with your SNS account, or otherwise
connect to your SNS account with the Services, you consent to our
collection, storage, and use, in accordance with this Policy, of the
information that you make available to us through the social media
interface. This could include, without limitation, any information that
you have made public through your social media account, information that
the social media service shares with us, or information that is
disclosed during the sign-in process. Please see your social media
provider's privacy policy and help centre for more information about how
they share information when you choose to connect your account. If you
are partner company, we may, additionally, receive feedback and rating
from other.
USE OF YOUR PERSONAL INFORMATION :
We use information to contact you : We might use the
information you provide to contact you for confirmation of a purchase on
Pixel Systems Platform or for other promotional
purposes.
We use information to abide by the contracts :
We might use the information you provide to carry out our obligations
arising from any contracts entered into between you and us and to
provide you with the relevant information and services.
We use information to respond to your requests or questions :
We might use your information to confirm your registration for rendering
services we offer.
We use information to improve our products and services :
We might use your information to customize your experience with us. This
could include displaying content based upon your preferences. We might
also use your information to understand our users (what they do on our
Services, what features they like, how they use them. etc.). improve the
content and features of our Services (such as by personalizing content
to your interests), process and complete your transactions, make special
offers, provide customer support, process and respond to your queries
and to generate and review reports and data about, and to conduct
research on, our user base and Service usage patterns. If you are a
partner company, we may use the information to track the progress of
your service to our customers.
We use information to look at site trends and customer interests :
We may use your information to make our website and products better. We
may combine information we get from you with information about you we
get from third parties. We may use your information to provide you with
information about services we consider similar to those that you are
already using, or have enquired about, or may interest you. If you are a
registered user, we will contact you by electronic means (e-mail or SMS
or telephone) with information about these services.
We use information for security purposes :
We may use information to protect our company, our customers, or our
Pixel Systems Platform.
We use information for marketing purposes :
We might send you information about special promotions or offers. We
might also tell you about new features or products or enroll you in our
newsletter. These might be our own offers or products, or third-party
offers or products we think you might find interesting. We may use the
information to measure or understand the effectiveness of advertising we
serve to you and others, and to deliver relevant advertising to
you.
We use information to send you transactional communications :
We might send you emails or SMS about your account or purchase of our
product.
We use information as otherwise permitted by law :
We may combine the information that we receive from third parties with
the information you give to us and information we collect about you for
the purposes set out above. Further, we may anonymize and/or de-identify
information collected from you through the Services or via other means,
including via the use of third-party web analytic tools. As a result,
our use and disclosure of aggregated and/or de-identified information is
not restricted by this Policy, and it may be used and disclosed to
others without limitation. We analyse the log files of our
Pixel Systems Platform that may contain Internet Protocol (IP)
addresses, browser type and language, Internet service provider (ISP),
referring, app crashes, page viewed and exit websites and applications,
operating system, date/time stamp, and clickstream data. This helps us
to administer the website, to learn about user behavior on the site, to
improve our product and services, and to gather demographic information
about our user base as a whole.
SHARING/DISCLOSURE/DISTRIBUTION OF YOUR INFORMATION WITH THIRD
PARTIES :
We will share information with third parties who perform services on
our behalf :
We may share your information with our vendors, consultants, marketing
partners, research firms and other service providers or business
partners, such as payment processing companies, to support our business.
For example, your information may be shared with outside vendors to send
you emails and messages or push notifications to your devices in
relation to our Services, to help us analyse and improve the use of our
Services. We may also use vendors for other projects, such as conducting
surveys or organizing sweepstakes for us. Some vendors may be located
outside of India. We may also use vendors for other projects, such as
conducting surveys or organizing sweepstakes for us. Some vendors may be
located outside of India.
We will share information with Advertisers and advertising networks :
We may work with third parties such as network advertisers to serve
advertisements on the Pixel Systems Platform and on third-party
websites or other media (e.g., social networking platforms). These third
parties may use cookies, JavaScript, web beacons (including clear GIFs),
Flash LSOS and other tracking technologies to measure the effectiveness
of their ads and to personalize advertising content to you. While you
cannot opt out of advertising on the Pixel Systems Platform, you
may opt out of much interest-based advertising on third party sites and
through third party ad networks (including DoubleClick Ad Exchange,
Facebook Audience Network and Google AdSense). Opting out means that you
will no longer receive personalized ads by third parties ad networks
from which you have opted out, which is based on your browsing
information across multiple sites and online services. If you delete
cookies or change devices, your 'opt out' may no longer be effective to
fulfil the purpose for which you provide it.
We will share information with our business partners :
This includes a third party who provide us various services. Our
partners use the information we give them as described in their privacy
policies. While you place a request to order through the
Pixel Systems Platform, your information is provided to us and to
the vendors with whom you may choose to order. In order to facilitate
your online order processing, we provide your information to that
vendors in a similar manner as if you had made a goods/products/food
order directly with the vendors. If you provide a mobile phone number,
Pixel Systems may send you text messages regarding the orders
delivery status.
We will share information with Other Users :
If you are a delivery partner, we may share your name, phone number
and/or profile picture (if applicable), and tracking details with other
users to provide them the Services.
We may share information if we think we have to in order to comply
with the law or to protect ourselves :
We may also share it if a government agency or investigatory body or
other companies assisting us, requests when we are: Obligated under the
applicable laws or in good faith to respond to court orders and
processes; or Detecting and preventing against actual or potential
occurrence of identity theft, fraud, abuse of Services and other illegal
acts; Responding to claims that an advertisement, posting or other
content violates the intellectual property rights of a third party;
Under a duty to disclose or share your personal data in order to enforce
our Terms of Use Under a duty to disclose or share your personal data in
order to enforce our Terms of Use and other agreements, policies or to
protect the rights, property, or safety of the Company, our customers,
or others, or in the event of a claim or dispute relating to your use of
our Services. This includes exchanging information with other companies
and organisations for the purposes of fraud detection and credit risk
reduction.
We may share information for Internal Use or may share it with any
successor to all or part of our business :
For example, if part of our business is sold we may give our customer
list as part of that transaction. We may also share your information
with any present or future member of our "Group" (as defined above) or
affiliates for our internal business purposes
We may share your information for reasons not described in this
policy :
We may share your information other than as described in this Policy if
we notify you and you consent to the sharing. We will tell you before we
do this.
YOUR CONSENT : By using the
Pixel Systems Platform and the Services provided therein, you
agree and consent to the collection, transfer, use, storage, disclosure
and sharing of your information as described and collected by us in
accordance with this Policy. If you do not agree with the Policy, please
do not use or access the Pixel Systems Platform.
COOKIES : Our Pixel Systems Platform and
third parties with whom we partner, may use cookies, pixel tags, web
beacons, mobile device IDs, "flash cookies" and similar files or
technologies to collect and store information with respect to your use
of the Services and third-party websites. Cookies are small files that
are stored on your browser or device by websites, apps, online media and
advertisements. We use cookies and similar technologies for purposes
such as: Authenticating users; Remembering user preferences and
settings; Determining the popularity of content; Delivering and
measuring the effectiveness of advertising campaigns; Analysing site
traffic and trends, and generally understanding the online behaviours
interests of people who interact with our services. A pixel tag (also
called a web beacon or clear GIF) is a tiny graphic with a unique
identifier, embedded invisibly on a webpage (or an online ad or email),
and is used to count or track things like activity on a webpage or ad
impressions or clicks, as well as to access cookies stored on users'
computers. We use pixel tags to measure the popularity of our various
pages, features and services. We also may include web beacons in e-mail
messages or newsletters to determine whether the message has been opened
and for other analytics. To modify your cookie settings, please visit
your browser's settings. By using our Services with your browser
settings to accept cookies, you are consenting to our use of cookies in
the manner described in this section. We may also allow third parties to
provide audience measurement and analytics services for us, to serve
advertisements on our behalf across the Internet, and to track and
report on the performance of those advertisements. These entities may
use cookies, web beacons, SDKS and other technologies to identify your
device when you visit the Pixel Systems Platform and use our
Services, as well as when you visit other online sites and services.
Please see our Cookie Policy here for more information regarding the use
of cookies and other technologies described in this section, including
regarding your choices relating to such technologies.
DATA SECURITY PRECAUTIONS : We have in place
appropriate technical and security measures to secure the information
collected by us. We use vault and tokenization services from third party
service providers to protect the sensitive personal information provided
by you. Where we have given you (or where you have chosen) a username
and password which enables you to access certain parts of the
Pixel Systems Platform, you are responsible for keeping these
details confidential. We ask you not to share your password with anyone.
Please be aware that the transmission of information via the internet is
not completely secure. Although we will do our best to protect your
personal data, we cannot guarantee the security of your data transmitted
through the Pixel Systems Platform. Once we have received your
information, we will use strict physical, electronic, and procedural
safeguards to try to prevent unauthorised access.
Email OPT-OUT : You can opt out of receiving our
marketing emails. To stop receiving our promotional emails, please email
(support@pixelitsolution.com). It may take about days to process
your request. Even if you opt out of getting marketing messages, we will
still be sending you transactional messages through email and SMS about
your purchases.
THIRD PARTY SITES : The
Pixel Systems Platform may contain links to other websites. If
you click on one of the links to third party websites, you may be taken
to websites we do not control. Any personal information about you
collected whilst visiting such websites is not governed by this Policy.
Pixel Systems shall not be responsible for and has no control
over the practices and content of any website accessed using the links
contained on the Pixel Systems Platform. Read the privacy policy
of other websites carefully as this policy does not apply to the privacy
practices of those websites. We are not responsible for these third
party sites. This Policy shall also not apply to any information you may
disclose to any of our service providers/service personnel which we do
not require you to disclose to us or any of our service providers under
this Policy.
GRIEVANCE OFFICER : In accordance with Information
Technology Act 2000 and rules made and applicable there under the name
and contact details of the Grievance Officer are provided below:
Name:
Address:
Phone Number:
Email
Address:
JURISDICTION : If you choose to visit the website,
your visit and any dispute over privacy is subject to this Policy and
the website's terms of use. In addition to the foregoing, any disputes
arising under this Policy shall be governed by the laws of India.
Further, please note that the Pixel Systems Platform stores your
data with the cloud platform of provided by (Name of the Service
Provider), which may store this data on their servers located, has
security measures in place to protect the loss, misuse and alteration of
the information, details of which are available at. The privacy policy
adopted by are detailed in. In the event you have questions or concerns
about the security measures adopted by you can contact their data
protection/ privacy team/ legal team or designated grievance officer at
these organisations, whose contact details are available in its privacy
policy, or can also write to our Grievance Officer at the address
provided above. If you have any queries relating to the processing or
usage of information provided by you in connection with this Policy or
other privacy concerns, you can email us at
support@pixelitsolution.com
Terms of Service Agreement
LAST REVISION: [15-06-21]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING
THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use
of this website, [http://pixelitsolution.com/] (the "Website"), Pixel
Systems ("Business Name") offer of products for purchase on this
Website, or your purchase of products available on this Website. This
Agreement includes, and incorporates by this reference, the policies and
guidelines referenced below. Pixel Systems reserves the right to change
or revise the terms and conditions of this Agreement at any time by
posting any changes or a revised Agreement on this Website. Pixel
Systems will alert you that changes or revisions have been made by
indicating on the top of this Agreement the date it was last revised.
The changed or revised Agreement will be effective immediately after it
is posted on this Website. Your use of the Website following the posting
any such changes or of a revised Agreement will constitute your
acceptance of any such changes or revisions. Pixel Systems encourages
you to review this Agreement whenever you visit the Website to make sure
that you understand the terms and conditions governing use of the
Website. This Agreement does not alter in any way the terms or
conditions of any other written agreement you may have with Pixel
Systems for other products or services. If you do not agree to this
Agreement (including any referenced policies or guidelines), please
immediately terminate your use of the Website. If you would like to
print this Agreement, please click the print button on your browser
toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the
"Products"). By placing an order for Products through this Website, you
agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our representative
or direct Pixel Systems sales representative, while they are calling
you, of your desire to opt out from further direct company
communications and solicitations, you are agreeing to continue to
receive further emails and call solicitations Pixel Systems and
its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of
from future solicitations.
1. You may use the opt out link found in any email solicitation
that you may receive.
2. You may also
choose to opt out, via sending your email address to:
support@pixelitsolution.com
3. You may send a
written remove request to Pixel systems
Office no 106-107, Alka Elegant, 614A Nana Peth, near Nivdunga
Vithoba Mandir, Opp to Indian Bank, Pune 02.
Proprietary
Rights. Pixel Systems has proprietary rights and trade secrets in
the Products. You may not copy, reproduce, resell or redistribute any
Product manufactured and/or distributed by Pixel Systems.
Pixel Systems also has rights to all trademarks and trade dress
and specific layouts of this webpage, including calls to action, text
placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible
for paying any applicable sales tax.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In addition to
making Products available, this Website also offers information and
marketing materials. This Website also offers information, both directly
and through indirect links to third-party websites, about nutritional
and dietary supplements. Pixel Systems does not always create the
information offered on this Website; instead the information is often
gathered from other sources. To the extent that
Pixel Systems does create the content on this Website, such
content is protected by intellectual property laws of the India, foreign
nations, and international bodies. Unauthorized use of the material may
violate copyright, trademark, and/or other laws. You acknowledge that
your use of the content on this Website is for personal, non-commercial
use. Any links to third-party websites are provided solely as a
convenience to you. Pixel Systems does not endorse the contents
on any such third-party websites. Pixel Systems is not
responsible for the content of or any damage that may result from your
access to or reliance on these third-party websites. If you link to
third-party websites, you do so at your own risk.
Use of Website; Pixel Systems is not responsible for any
damages resulting from use of this website by anyone. You will not use
the Website for illegal purposes. You will (1) abide by all applicable
local, state, national, and international laws and regulations in your
use of the Website (including laws regarding intellectual property), (2)
not interfere with or disrupt the use and enjoyment of the Website by
other users, (3) not resell material on the Website, (4) not engage,
directly or indirectly, in transmission of "spam", chain letters, junk
mail or any other type of unsolicited communication, and (5) not defame,
harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited,
non-exclusive, nontransferable right to use the content and materials on
the Website in connection with your normal, noncommercial, use of the
Website. You may not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without express written
authorization from Pixel Systems or the applicable third party
(if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the
Website, you hereby grant Pixel Systems a perpetual, worldwide,
non-exclusive, royalty-free, assignable, right and license to use, copy,
display, perform, create derivative works from, distribute, have
distributed, transmit and assign such content in any form, in all media
now known or hereinafter created, anywhere in the world.
Pixel Systems does not have the ability to control the nature of
the user-generated content offered through the Website. You are solely
responsible for your interactions with other users of the Website and
any content you post. Pixel Systems is not liable for any damage
or harm resulting from any posts by or interactions between users.
Pixel Systems reserves the right, but has no obligation, to
monitor interactions between and among users of the Website and to
remove any content Pixel Systems deems objectionable, in MuscleUP
Nutrition 's sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK.
THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. PIXEL SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY
RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS"
INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
PIXEL SYSTEMS MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE,
COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS
ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING
ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
IV. LIMITATION OF LIABILITY
PIXEL SYSTEMS ENTIRE LIABILITY, AND YOUR EXCLUSIVE
REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE
CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY
LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS
PURCHASED VIA THE WEBSITE.
PIXEL SYSTEMS WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES
RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT
OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;
(3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO
THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless
Pixel Systems, and any of its contractors, agents, employees,
officers, directors, shareholders, affiliates and assigns from all
liabilities, claims, damages, costs and expenses, including reasonable
attorneys' fees and expenses, of third parties relating to or arising
out of (1) this Agreement or the breach of your warranties,
representations and obligations under this Agreement; (2) the Website
content or your use of the Website content; (3) the Products or your use
of the Products (including Trial Products); (4) any intellectual
property or other proprietary right of any person or entity; (5) your
violation of any provision of this Agreement; or (6) any information or
data you supplied to [Business Name]. When Pixel Systems is
threatened with suit or sued by a third party, [Business Name] may seek
written assurances from you concerning your promise to indemnify
[Business Name]; your failure to provide such assurances may be
considered by [Business Name] to be a material breach of this Agreement.
Pixel Systems will have the right to participate in any defense
by you of a third-party claim related to your use of any of the Website
content or Products, with counsel of Pixel Systems choice at its
expense. Pixel Systems will reasonably cooperate in any defense
by you of a third-party claim at your request and expense. You will have
sole responsibility to defend Pixel Systems against any claim,
but you must receive Pixel Systems prior written consent
regarding any related settlement. The terms of this provision will
survive any termination or cancellation of this Agreement or your use of
the Website or Products.
VI. PRIVACY
Pixel Systems believes strongly in protecting user privacy
and providing you with notice of use of data. Please refer to
Pixel Systems privacy policy, incorporated by reference herein,
that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that
you have read and agree to be bound by this Agreement and all terms and
conditions on this Website.
VIII. GENERAL
Force Majeure. Pixel Systems will not be deemed in default
hereunder or held responsible for any cessation, interruption or delay
in the performance of its obligations hereunder due to earthquake,
flood, fire, storm, natural disaster, act of God, war, terrorism, armed
conflict, labor strike, lockout, or boycott.
Cessation of Operation. Pixel Systems may at any time, in
its sole discretion and without advance notice to you, cease operation
of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement
between you and Pixel Systems and supersedes any prior agreements
pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Pixel Systems to exercise
or enforce any right or provision of this Agreement will not constitute
a waiver of such right or provision. If any provision of this Agreement
is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the
Pune, Maharashtra. This Agreement will be governed by the laws of the
State of Maharashta without regard to its conflict of law
principles to the contrary. Neither you nor Pixel Systems will
commence or prosecute any suit, proceeding or claim to enforce the
provisions of this Agreement, to recover damages for breach of or
default of this Agreement, or otherwise arising under or by reason of
this Agreement, other than in courts located in State of Maharashtra. By
using this Website or ordering Products, you consent to the jurisdiction
and venue of such courts in connection with any action, suit, proceeding
or claim arising under or by reason of this Agreement. You hereby waive
any right to trial by jury arising out of this Agreement and any related
documents.
Statute of Limitation. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or
related to use of the Website or Products or this Agreement must be
filed within one (1) year after such claim or cause of action arose or
be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT,
YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH
THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL
DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS
AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Pixel Systems reserves the right to terminate
your access to the Website if it reasonably believes, in its sole
discretion, that you have breached any of the terms and conditions of
this Agreement. Following termination, you will not be permitted to use
the Website and Pixel Systems may, in its sole discretion and
without advance notice to you, cancel any outstanding orders for
Products. If your access to the Website is terminated,
Pixel Systems reserves the right to exercise whatever means it
deems necessary to prevent unauthorized access of the Website. This
Agreement will survive indefinitely unless and until [Pixel Systems
chooses, in its sole discretion and without advance to you, to terminate
it.
Domestic Use. Pixel Systems makes no representation that
the Website or Products are appropriate or available for use in
locations outside India. Users who access the Website from outside India
do so at their own risk and initiative and must bear all responsibility
for compliance with any applicable local laws. Assignment. You may not
assign your rights and obligations under this Agreement to anyone] may
assign its rights and obligations under this Agreement in its sole
discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.