Terms of Service

These Pixel Film Studios Terms of Service (the “Terms of Service”) constitute a legally binding agreement between Lightwork Solutions Inc. DBA Pixel Film Studios (“Pixel Film Studios,” “we,” “us,” or “our”) and you (“Club Member” or “You”) regarding the use of the Pixel Film Studios Products (as defined below).

Definitions

For the purposes of these Terms of Service:

“Digital Media Files” refer to any images, animations, films, videos, or other audio/visual representations recorded in any computer-readable format or form that are obtained, directly or indirectly, from Pixel Film Studios.

“Intellectual Property Rights” shall mean all rights of authorship, copyrights, moral rights, patents, trademarks, trade secrets, and any other intellectual property rights of any type, whether registered or unregistered.

“Pixel Film Studios Products” refer to the Digital Media Files, services, and software provided by Pixel Film Studios.

“Services” refer to the file-sharing/website development service provided by Pixel Film Studios, including Review and Portfolio.

“Third Party Software” refers to any software proprietary to a third-party software provider, including Adobe Premier Pro.

“Third Party Software Provider” refers to any party other than Pixel Film Studios that provides proprietary software to authorized users.

“Use” means to access, install, download, copy, distribute, modify, or otherwise benefit from using the functionality of any of the Pixel Film Studios Products.

Grant of License

For Club Members with a paid membership (whether monthly or annually) to the Pixel Film Studios Products, subject to the terms and conditions herein and payment of the Purchase Price, Pixel Film Studios grants Club Member a non-exclusive, non-transferable royalty-free license to Use the Pixel Film Studios Products. Club Members have full access to download and use both new content and updates for existing products for the duration of their active membership.
For customers who are not active Club Members, they retain the right to keep and use the products they have downloaded and installed on their machines. However, it’s important to note that without an active membership, these customers will not have access to new content or updates for existing products. Should they uninstall a product, they will no longer have the option to re-download or receive updates unless they reactivate their membership.
For Club Members choosing a free membership, subject to the terms and conditions herein, Pixel Film Studios grants Club Member a non-exclusive, non-transferable royalty-free license to the Digital Media Files designated as free files. This license does not include access to the Services and/or the Pixel Film Studios Software.
The Digital Media Files and the work product of the Services and/or the Pixel Film Studios Software may be incorporated into derivative works such as films, videos, broadcasts, multimedia, presentations, or print projects up to 500,000 copies, including marketing and promotional materials. Club Member may use the Pixel Film Studios Products on servers, image libraries, or network configurations for Club Member’s viewing.
Club Members can download up to 25 Pixel Film Studios Products per day. Automatic downloading of Pixel Film Studios Products using software, bots, or similar means is prohibited. Club Member’s download or use of any Pixel Film Studios Product should be for specific and immediate use, and warehousing or aggregation for future use is strictly prohibited.
All memberships are for single users only. Assets from Pixel Film Studios are licensed to the Club Member with the paid membership. Any products created using the Pixel Film Studios Products must be for Club Member’s use and the use of Club Member’s end-users only. For multi-seat site licenses or licenses for companies with more than 100 employees, please refer to section 4 below.
If an agent or employee of an employer agrees to these Terms of Service, “Club Member” includes both the agent/employee and the employer jointly and severally. These Terms of Service are enforceable against Club Member and any legal entity that obtains Digital Media Files, utilizes the Services and/or the Pixel Film Studios Software, or on whose behalf they are used.

Membership and Downloading

For customers with an active membership, Pixel Film Studios offers full access to download and use all new content as well as updates for existing products. Club Members can enjoy uninterrupted access to both new and previously downloaded products for the duration of their active membership.
Customers who are not active Club Members retain the right to keep and use the products they have previously downloaded and installed on their machines. However, it’s important to note that without an active membership, these customers will not have access to new content or updates for existing products. If a product is uninstalled, non-club members will lose the ability to re-download or receive updates for that product unless they reactivate their membership.
Non-club members who wish to regain access to new content, updates, and the ability to re-download uninstalled products can do so by reactivating their membership.

Scope of License Restrictions

Club Member agrees not to:

Use, sell, license, reproduce, distribute, or display the Digital Media Files or the work product of the Services and/or the Pixel Film Studios Software as templates, stand-alone backgrounds, or stock elements for distribution or resale, or in a manner that allows Club Member’s end-users to extract the Digital Media Files or the work product as stand-alone files.
Rent, lease, lend, sell, or sublicense any of the Pixel Film Studios Products to another person, company, or entity.
Include the Digital Media Files or the work product of the Services and/or the Pixel Film Studios Software in products for resale, including merchandise products, mugs, t-shirts, posters, greeting cards, games, toys, and fashion. Please contact Pixel Film Studios if you are interested in obtaining a license for such purposes.
Include the Digital Media Files or the work product of the Services and/or the Pixel Film Studios Software in an electronic template intended for third-party use on electronic or printed products with multiple impressions, such as website templates, presentation templates, electronic greeting cards, business cards, or any other electronic or printed matter. Please contact our Sales Team for a license for such purposes.
Sublicense, sell, assign, convey, or transfer any rights granted under these Terms of Service, except as specifically provided herein.
Incorporate the Digital Media Files or any work product of the Services and/or the Pixel Film Studios Software into a logo, trademark, or service mark.
Distribute, post, or upload the Digital Media Files or the work product of the Services and/or the Pixel Film Studios Software online in a downloadable format or enable their distribution via mobile phones or other electronic devices.
Post, upload, or transfer any Digital Media Files or the work product of the Services and/or the Pixel Film Studios Software on websites offering customization services (e.g., Fiverr.com, YouTube.com, and Vimeo.com).
Use any Digital Media Files or the work product of the Services and/or the Pixel Film Studios Software in an automated system, except in connection with the Services.
Decompile, reverse engineer, disassemble, or otherwise reduce the Digital Media Files or the work product of the Services and/or the Pixel Film Studios Software to a human-readable form.

Business Licenses

If you are a company with over 100 employees, or if you need a multi-seat license for more than 20 users, or if you want to use the Pixel Film Studios Products in apps, software, games, or other situations not covered by this license, please contact our Sales Team for the appropriate license.

Manner of Use Restrictions

Club Member agrees not to:

Use any of the Pixel Film Studios Products in a way that defames, maligns, slanders, libels, or vilifies any person, group, country, race, custom, culture, religion, or government.
Engage in screen scraping of the Pixel Film Studios Products or any similar automated process for capturing or converting electronic files.
Use any of the Pixel Film Studios Products featuring a model in a way that would lead a reasonable person to believe that the model personally uses or endorses a product or service unless accompanied by a conspicuous statement indicating that the person is a model and the Digital Media Files and/or the work product are used for illustrative purposes only.

Reservation of Rights

All right, title, and interest in the Pixel Film Studios Products and any Intellectual Property Rights related thereto are retained by Pixel Film Studios, and all right, title, and interest in the Third Party Software and any Intellectual Property Rights related thereto are retained by the Third Party Software Provider. Copyrights in all Pixel Film Studios Products are owned by Pixel Film Studios or its licensors and are protected by applicable copyright laws. Pixel Film Studios’ trademarks and service marks, including “Pixel Film Studios,” may not be used or associated with Club Member’s derivative products without Pixel Film Studios’ written consent.

Allegations of Copyright Infringement

If you believe that any Digital Media File or the work product of the Services and/or the Pixel Film Studios Software infringes your copyright, please notify us by providing the following information:

Identify the copyrighted work you believe has been infringed and the material you allege is infringing the copyrighted work, being as specific as possible.
Explain the action needed to remedy the infringement, such as adding an attribution statement or deleting specific elements.
Provide your contact information, including your email address, name, telephone number, and physical address.
Provide contact information for the alleged infringer if known.
Include the following statement: “I have a good faith belief that the use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, its agent, or the law. I have taken fair use into consideration. I swear under penalty of perjury that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the owner of an exclusive right allegedly infringed.”
Include your physical or electronic signature.

Submit your complaint, preferably by email, to support@pixelfilmstudios.com

Club Member Representations and Warranties

Club Member represents that its use of the Pixel Film Studios Products will comply with all applicable laws, rules, and regulations, including export laws.
Club Member represents that it is not a citizen or located within an embargoed nation and is not otherwise prohibited under export laws from using any of the Pixel Film Studios Products.

Third Party Software

Club Member acknowledges that usage of the Pixel Film Studios Software is subject to the terms and conditions of the applicable Third Party Software Provider, in addition to these Terms of Service.
Pixel Film Studios disclaims any warranty and liability with regard to the Third Party Software. In case of any suit, claim, damages, or liability related to Club Member’s usage of the Third Party Software, Club Member’s remedy shall be with the Third Party Software Provider.

Membership Billing

Use of the Pixel Film Studios Products is provided through membership. Your membership is effective for the period covered by your membership fee as disclosed in the enrollment process and continues upon payment in advance of the renewal fee.
Renewal fees for your membership will be charged automatically at the then-current rate to the authorized billing source at the start of each billing cycle. You will be automatically charged for additional periods unless you notify us of your intention not to continue within 14 calendar days before the next billing cycle.
You may cancel your membership at any time by changing your settings in your account’s “My Account” page. Access to previously downloaded files will be revoked upon downgrading your account to a free plan.

Refund Policy

All membership sales are final, and no refunds or returns are given.

File Storage

The Services include file storage, with the maximum amount determined by the level of membership chosen during enrollment. For free memberships, file storage is available for 30 days from enrollment. Upgrading to a paid membership within that period will maintain file storage according to the paid level of membership. Failure to upgrade within 30 days will result in the deletion of files without notice.

Termination

Pixel Film Studios reserves the right to block or terminate Club Member’s access to the Pixel Film Studios Products without notice if Club Member violates any of these Terms of Service. Pixel Film Studios may also refuse to renew a membership with or without prior notice.

Exclusion of Damages; Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: A) PIXEL FILM STUDIOS AND ANY THIRD PARTY SOFTWARE PROVIDER SHALL NOT BE LIABLE TO CLUB MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PIXEL FILM STUDIOS PRODUCT; AND B) THE AGGREGATE LIABILITY OF PIXEL FILM STUDIOS AND THE THIRD PARTY SOFTWARE PROVIDER SHALL BE STRICTLY LIMITED TO THE PURCHASE PRICE PAID BY CLUB MEMBER.

Indemnification

Club Member agrees to defend, indemnify, and hold harmless Pixel Film Studios, its directors, officers, employees, agents, and assigns, from any and all liability, damages, losses, claims, demands, actions, causes of action, or costs (including attorneys’ fees and expenses) arising out of or resulting from: a) Club Member’s use of any Pixel Film Studios Product; b) breach of these Terms of Service by Club Member or its directors, officers, employees, contractors, or agents; or c) any negligent or intentional act or omission by Club Member.

No Warranty; Transfer Limitations; Audit Rights

We may share your personal information with the following recipients:

The Pixel Film Studios Products are provided “AS IS.” Pixel Film Studios makes no warranty as to their use or performance, including image quality or compatibility with hardware, software, or operating systems. Pixel Film Studios disclaims all warranties, express or implied, including non-infringement, merchantability, and fitness for a particular purpose.
Club Member acknowledges that usage and access to the Pixel Film Studios Products may be limited or restricted by channel capacity or data transfer speeds related to technical capacities. Pixel Film Studios and third parties are not liable for such limitations or restrictions.
Pixel Film Studios reserves the right to audit Club Member’s usage of the Pixel Film Studios Products to verify compliance with these Terms of Service. Club Member agrees to provide requested information and records for such audits.

Governing Law; Jurisdiction

These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. All disputes relating to or arising from these Terms of Service shall be subject to the exclusive jurisdiction of the courts of Aliso Viejo, CA United States.

Attorney’s Fees

If Pixel Film Studios initiates any suit or intervenes in any suit to enforce these Terms of Service, including the collection of fees, Subscriber shall reimburse Pixel Film Studios for all costs and expenses, including attorneys’ fees, to the extent permitted by law.

Binding Nature; Assignment

These Terms of Service constitute a binding agreement between Pixel Film Studios and Subscriber and shall bind the parties and their successors-in-interest. Subscriber acknowledges that these Terms of Service are personal and may not be assigned or transferred by Subscriber. Pixel Film Studios may assign these Terms of Service at its sole discretion.

Miscellaneous

Amendments. Pixel Film Studios reserves the right to amend these Terms of Service at any time. Amendments shall be effective upon notice to Subscriber or publication on the Pixel Film Studios website.
Severability. If any provision of these Terms of Service is held to be invalid or unenforceable, the remainder of the Terms of Service shall remain in full force and effect.
No Waiver. Failure to enforce any covenant or condition of these Terms of Service shall not prevent subsequent enforcement or be considered a waiver.
Notices. Written notices by Pixel Film Studios to Subscriber may be delivered via email or in a hardcopy writing to Subscriber’s contact address. Notices shall be deemed delivered immediately upon email transmission or within three days if sent by mail.
Relationship of the Parties. The parties are independent contractors, and these Terms of Service do not create a partnership, joint venture, agency, or employment relationship.
Entire Agreement. These Terms of Service constitute the entire agreement between Subscriber and Pixel Film Studios and supersede all previous agreements, understandings, and representations.
Construction. Headings are for reference purposes only and do not affect the meaning or interpretation. References to sections are references to sections of these Terms of Service.