Last Updated: February 4, 2019
I. Welcome to Pixorize!
Thanks for using our website, applications, products, and services (collectively, the “Services”). The Services are provided by Pixorize Inc. (“Pixorize”, “we”, “us” and/or “our”), located at PO Box 1190, New York, NY 10021.
These terms may change as our business changes, and you agree you will review it and any updates regularly. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The [“Last Updated”] date above will tell you when these Terms were last revised. Your continued use of the Services means you accept any changes.
Pixorize provides, among other things, an online and mobile platform designed as a review resource for students and other learners. The content provided by Pixorize is intended for educational and informational purposes only. We do not guarantee the validity and accuracy of such content. The information required to pass a particular class or exam may change over time and Pixorize may, or may not, update or supplement the information on this site, in its sole discretion. We are not liable for the effects of your reliance on such content.
III. Your Pixorize Account
To protect your Pixorize account, keep your password confidential. Your account is intended for use by your sole person - please do not share your account credentials with others. Try not to reuse your Pixorize account password on third-party applications. You are responsible for the activity that happens on or through your Pixorize account. You agree to ensure that you exit your account at the end of each session when accessing the Site. If we learn that your account has been compromised (such as multiple simultaneous logins), we may suspend your account and contact you to reset your account password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Pixorize by e-mail to email@example.com. Pixorize will not be liable for any loss or damage arising from your failure to comply with this Section. You may be liable for the losses incurred by Pixorize or others due to any unauthorized use of your Pixorize account.
You agree to pay for the Services pursuant to the subscriptions that you choose on the Site. You agree to keep your payment information up to date. You may review your personal data and subscriptions by visiting your account page.
We may communicate with you by email or by posting notices on the Site. You agree to receive emails from us at the email address you provided to us for customer service-related purposes.
By using the Site and our Services, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Pixorize. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you.
V. Content Ownership and License to Use
The Site and all data, text, designs, courses, pages, print screens, images, artwork, drawings, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site (collectively, the “Content”) are owned by Pixorize or its licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time. You cannot use our Logos without our permission.
Parts of the Content are course materials related to medicine, the medical profession and medical courses. Pixorize in no way endorses, warranties or guarantees any such information.
We grant you a limited, conditional, non-exclusive, non-transferable, non-sublicensable license to view this Site and its Content as permitted by these Terms for non-commercial educational and informational purposes, on an individual basis only. Any other use is expressly prohibited. If we learn that your Pixorize account is repeatedly found to violate the terms of this license (such as multiple simultaneous logins), Pixorize may, at its sole discretion, suspend your account without notice. This license is revocable at any time without notice and with or without cause. Unauthorized use of Pixorize’s Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.
This license is expressly conditioned on your pre-existing agreement to comply with, and your actual compliance with, the provisions described in this section and the Code of Conduct as described in section VIII further below. This license exists only so long as you strictly comply with each of the provisions described in these sections. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in these sections exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission.
VI. User Content
You may be able to submit images, text, comments, artwork or other content to the Site (“User Content”). By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
If you submit User Content to the Site, you give Pixorize and our affiliates a worldwide license to use, reproduce, modify, create derivative works of, distribute, communicate, publish, publicly perform, display and distribute such content, without any compensation or acknowledgment to you or anyone else. This license continues even if you stop using our Services. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. Make sure you have the necessary rights and permissions to grant us this license for any content that you submit to our Services.
Pixorize does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users. You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Site, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for your User Content on the Site. Pixorize does not endorse any, nor is it responsible for, User Content on the Site. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation. You represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the licenses set forth in these Terms, (ii) the posting and use of Your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, creative commons license, or any other rights of any person, and (iii) the posting of Your User Content on Pixorize does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Site. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
VII. Copyright Policy
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include the following:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.
Notices and counter-notices should be sent to Pixorize Inc, P.O. Box 1190, New York, NY, USA (firstname.lastname@example.org). There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
In accordance with the DMCA and other applicable law, Pixorize has adopted a policy of terminating, in appropriate circumstances and at Pixorize’s sole discretion, users who are deemed to be repeat infringers. Pixorize may also at its sole discretion limit access to the Site and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
VIII. Code of Conduct
You are responsible for your actions when using and relying on the Site or content available on the Site or our Services.
Do not do bad things with our Site, try to break it, or steal our hard work.
You agree to use our Services only for its intended purpose. You must use the Site and our Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
IX. Third Party Websites
X. Access from Outside the United States
The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
XI. Violation of these Terms
We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms.
If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we reserve the right to suspend or terminate your account, delete all your User Content and prevent you from accessing the Site for any reason, at our discretion. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you.
XII. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT GUARANTEE THE QUALITY OR STANDARD OF ANY OF THE CONTENT, INCLUDING ANY OF THE NEWSLETTERS OR ARTICLES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, INCLUDING COLUMNISTS, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
XIII. Limitation of Liability
IN NO EVENT WILL WE OR OUR SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT WE HAVE EARNED FROM YOUR USE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, artists, content providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Pixorize and the content available on Pixorize’s properties (the Services, YouTube, and other channels) do not provide a diagnosis or other recommendation for treatment and are not a substitute for the professional judgment of a health care professional in diagnosis and treatment of any person or animal. The determination of the need for medical services and the types of healthcare to be provided to a patient are decisions that should be made only by a physician or other licensed health care provider. Always seek the advice of a physician or other qualified healthcare provider with any questions you have regarding a medical condition.
XV. Arbitration, Class Waiver, and Waiver of Jury Trial
Any dispute or claim relating in any way to your use of the Site, or our products and services, will be resolved in the State of New York. We will resolve any disputes or claims by binding arbitration, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Services.
These Terms and the relationship between you and Pixorize shall be governed by the laws of the state of New York without regard to its conflict of laws provisions. You and Pixorize agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York, New York. You covenant not to sue Pixorize in any other forum.
You also acknowledge and understand that, with respect to any dispute between you and Pixorize arising out of or relating to your use of the Services with these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:
Pixorize Inc., P.O. Box 1190 New York, NY 10021, email@example.com
Last Updated: February 4, 2019
Information We Collect
We collect Personal Information when you:
We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technologies as you use our Services.
Personal Information Collection. To access some features of our Services, you must register for a Pixorize account. To register, you may need to provide Personal Information, such as your name, email address, and/or social network log-in credentials. You may also provide other optional information.
Social Media Sign-On. We collect Personal Information from the social media website when you connect your Pixorize account to the social media website account. For example, when you log in with your Facebook credentials, we may collect the Personal Information you have made publicly available in Facebook, such as your name and profile picture. We may also obtain other information with your permission, such as your Birthday, Groups, Institutional Affiliation, Graduation Year, Friend List, and Current City. You may also sign into your social media account to find friends who also use Pixorize.
Using the Services. We collect information you submit through the Services. For example, when you interact with other users by posting comments or by updating your account information, Pixorize will collect the information you provide in such submissions, including any Personal Information.
Payment Information. We collect Personal Information, including your name, billing address, and credit card data when provided to facilitate the purchase of our Services.
Customer Support. We may collect Personal Information such as your name and email address through communications with our customer-support team. Collection of this information helps us find and resolve issues tied to your Pixorize account.
Other Sources. We may also collect information that is publicly available, and any information you consent to us receiving from third parties. We also collect data about your emails you receive from us, including email subscription preferences, and summarized data on clicks and opens.
Cookies, Automatic Data Collection, and Related Technologies. Pixorize collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.
When you visit websites or use applications provided under our Services, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, geographic location, device type, pages viewed, session durations, referral information, and from cookies and similar technology. Referral information describes data about how you got to our Services and any links you click on to leave our Services. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, Pixorize may not function properly.
By using our Services, you are authorizing us to gather, parse, and retain data related to the provision of our Services. We store your Personal Information for as long as is necessary to provide our Services to you and as long as you have a Pixorize account.
How We Use Your Information
We use Personal Information:
We also may use the information we receive in aggregated and anonymized formats for any purpose, including for marketing purposes.
Payment information that you provide to us, including credit card data, will only be used to facilitate payment for our products and services.
We do not use your personal data for the purposes of automated decision-making or profiling. If we do so in the future, we will inform you of any such processing and provide you with an opportunity to object.
Sharing Your Information
We may share your information:
Marketing. We will not rent, sell, or share Personal Information about you with other people or unaffiliated companies for marketing purposes, unless we have your explicit permission.
Vendors and Service Providers. We may share your information with vendors or service providers in connection with the provision of our Services. These include payment processors such as Braintree Payments, and other service providers.
Partners. With your consent, we may share your information with affiliated third-party partners, including marketing and advertising partners. This information includes your name and email address but does not include your credit card or other payment information. Further, our partners are prohibited from using your contact information for any purpose beyond those set forth above without your consent.
Social Networking and Other Websites. We may allow you to share information, including Personal Information, with social networking websites, such as Facebook. We do not share your Personal Information with these websites unless you direct Pixorize to share it. Their use of this information will be governed by their privacy policies.
In Compliance with Law. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of Pixorize assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.
We may also disclose your Personal Information with your permission.
Keeping Your Information Secure
The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Services or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.
When we collect financial account information, such as credit card numbers, we protect its transmission through the use of encryption such as the Transport Layer Security (TLS) protocol.
Managing the Use of Your Information
You can inform us if you do not want us to send you information.
Email. To stop delivery of non-transactional emails, click the opt-out link at the footer of all non-transactional email messages or by emailing us at firstname.lastname@example.org
Other Preferences. To let us know about your other communication preferences please send an email to email@example.com. Please identify all the email addresses, address information, and phone numbers that you may have submitted to us, so we can ensure that we respect your wishes.
You can let us know if you do not want us to share your data with other companies by sending an email to firstname.lastname@example.org. If you do so it can help facilitate our response if you identify all the contact information you have submitted to us, so we can ensure that all your email addresses, postal address information, and phone numbers are marked "do not share."
Compliance with Regulation
GDPR. Where the European Union’s General Data Protection Regulation 2016/679, or GDPR, applies, in certain circumstances and subject to data processing agreements, you have rights in relation to the personal information we hold about you. We set out below an outline of those rights and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.
Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure.
Special Notice to California Residents. Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to email@example.com and please include the phrase “California Privacy Request” in the subject line, and provide us with your name, address, and email address. We will respond to you within thirty days of receiving such a request.
Data Transfer. In order for us to provide the Services to you, your personal information will be transferred to, and stored at/processed in the United States. For transfers of data to third parties, such transfers will either (i) be under the Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC and 2010/87/EU; or (ii) rely on the EU-US Privacy Shield Framework.
Do Not Track. Pixorize does not support Do Not Track at this time. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit www.donottrack.us.
Children. Our Services are not directed to persons under 13. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS PIXORIZE. There are plenty of other sites for you. If we learn that any information from a child 13 years of age or under has been submitted to Pixorize without parent or guardian consent, we will delete this information.
P.O. Box 1190, New York, NY 10021