Introduction
Welcome to Pixja.com, an innovative digital marketplace dedicated to the creation, buying, and selling of AI-generated art. Our platform connects artists, art enthusiasts, and collectors in a vibrant community focused on the appreciation and commerce of unique AI-generated artworks.
Purpose of These Terms
These Terms and Conditions ("Terms") are designed to ensure a clear understanding of the rules and guidelines for using Pixja.com. They govern your access to and use of Pixja.com, including any content, functionality, and services offered on or through our website.
Acceptance of Terms
By accessing or using Pixja.com, you agree to be bound by these Terms and our Privacy Policy, found at [link to Privacy Policy], incorporated herein by reference. If you do not agree to these Terms, you must not access or use Pixja.com.
Account Registration
- Eligibility: To register an account on Pixja.com, users must be at least 18 years of age or have reached the age of majority in their jurisdiction of residence. By registering an account, users affirm that they meet this age requirement.
- Account Information: During the registration process, users are required to provide truthful, accurate, current, and complete information about themselves as prompted by the registration forms. This includes a valid email address.
- Account Security: Users are responsible for maintaining the confidentiality of their account password and are fully responsible for all activities that occur under their account. Users agree to immediately notify Pixja.com of any unauthorized use of their account or any other breach of security.
- Account Updates: Users agree to keep their account information up to date and to promptly update their account if any information changes.
- One Account Per User: Users are generally limited to one account per person. Multiple accounts held by the same individual may be subject to termination unless expressly authorized by Pixja.com.
- Prohibited Uses of Accounts: Users must not use their accounts for any illegal or unauthorized purposes, including but not limited to infringement of intellectual property, fraud, or harassment.
- Account Review and Termination: Pixja.com reserves the right to review and monitor accounts for compliance with these terms. We may suspend or terminate accounts that are found to be in violation of these terms and conditions.
- Account Inactivity: Accounts that are inactive for an extended period may be subject to deactivation or deletion at Pixja.com's discretion.
- Responsibility for Minors: In cases where a minor accesses Pixja.com using an account created by an adult, the adult is considered responsible for the minor's actions within the platform.
- Data Privacy: Information provided during account registration and subsequent use of Pixja.com is governed by our Privacy Policy.
Use of the Platform
Pixja.com is an AI art marketplace designed to enable the buying and selling of AI-generated art. The following terms outline the proper and intended use of our platform:
Seller Plans:
- Plan Options: Sellers can choose from various subscription plans, each allowing a specified number of active image listings for a duration of 30 days.
- Listing Requirements: Sellers must ensure their listings comply with our Content Policy and accurately represent the artwork being sold.
Earnings and Fees:
- Revenue Share: Sellers retain 95% of the earnings from their sales, while Pixja.com collects a 5% commission.
- Payment Processing: Details about payment methods, processing times, and any potential processing fees will be clearly communicated in the seller's account settings.
Content Standards:
- Quality: All listed artworks must meet a standard of quality as determined by Pixja.com. This includes clarity, resolution, and artistic value.
- Originality: Artworks must be original creations or legally licensed for resale.
Prohibited Activities:
- No Infringement: Users must not engage in activities that infringe on the intellectual property rights of others.
- No Illegal Activities: The platform must not be used for any unlawful activities or in a way that violates local, state, national, or international law.
Community Engagement:
- Feedback and Ratings: Buyers are encouraged to provide honest feedback and ratings on their purchases, which must comply with our Community Guidelines.
- Reporting Violations: Users are encouraged to report any violations of these terms or any suspicious activities.
Technical Usage and Restrictions:
- System Requirements: Users are responsible for ensuring their devices meet the system requirements for accessing Pixja.com.
- Prohibited Technical Interference: Users must not attempt to interfere with the proper working of the site, including hacking, spreading malware, or other harmful activities.
Updates and Maintenance:
- Scheduled Maintenance: Pixja.com may undergo regular maintenance and updates, during which certain functionalities may be temporarily unavailable.
- Continuous Improvement: We continuously strive to improve Pixja.com and reserve the right to make changes, updates, or enhancements at any time.
Compliance with Additional Policies:
- Adherence to Policies: In addition to these terms, users must comply with all other Pixja.com policies, including but not limited to the Privacy Policy and Content Policy.
Content Policy
Inappropriate Content: The following types of content are strictly prohibited on Pixja.com:
- Explicit or Obscene Material: Images depicting nudity, sexual acts, or explicit violence.
- Hate Speech and Discrimination: Content promoting hate, discrimination, or violence against individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected statuses.
- Harassment and Bullying: Any form of harassment, bullying, or threats against individuals.
- Illegal Activities: Images promoting illegal activities, such as drug use, theft, or other criminal behavior.
- Defamatory Content: Material that unfairly or falsely harms the reputation of an individual or entity.
- Misleading or Fraudulent Content: Images intended to deceive, scam, or defraud users.
- Intellectual Property Violations: Posting content that infringes on the copyrights, trademarks, or other intellectual property rights of others.
- Dangerous or Harmful Content: Images that promote dangerous behavior, self-harm, or eating disorders.
Ownership and Rights
Sellers affirm they own the rights to the images they sell and have obtained all necessary permissions and releases. Pixja.com reserves the right to investigate and remove content upon copyright or policy violation reports.
Content Moderation
Pixja.com actively monitors content but also relies on the community to report violations. Users found to repeatedly violate these guidelines may face account suspension or termination.
Terms of Sale
- Usage Rights: Purchases made on Pixja.com are intended for personal, non-commercial use only, unless an explicit commercial license is obtained for the specific item. Not all items on Pixja.com have a commercial license available. 'Commercial use' refers to any use of an item that directly or indirectly generates revenue or financial benefit to the purchaser, includes promotional activities, advertising, marketing, or use in business-related materials.
- Refunds: Refunds are issued only if the final downloaded files do not match the purchase description in terms of size, resolution, or file type. Buyers must contact sellers directly through Pixja's website to initiate a refund.
Intellectual Property Rights
- Ownership of Site Content: All content published and made available on our site is the property of Pixja.com and the site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our site.
- Copyright of User-Generated Content: Users retain copyright over their own original content posted on Pixja.com. However, by posting content on our site, users grant Pixja.com a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by the site and across different media including to promote the site or the service.
- Intellectual Property Infringement Claims: If intellectual property rights are violated by any content on the site, users can inform us by sending an email to support@pixja.com. We take intellectual property rights seriously and will respond to any reported violation by conducting a thorough investigation and, if necessary, removing the infringing material.
- No Resale of Artwork as Own: Users are prohibited from claiming ownership of artwork not created by them and from reselling or redistributing other users' artworks without express permission from the rightful owner.
- Protection of Third-Party Rights: Users must ensure that their content does not infringe on the intellectual property rights, privacy rights, or other legal rights of any third party.
- User Responsibility: Users are responsible for obtaining all necessary rights and permissions for any content they post on Pixja.com, including obtaining permission for derivative works based on copyrighted material.
- Copyright Notices and Credits: Pixja.com respects the rights of copyright owners and expects its users to do the same. Users agree to provide necessary copyright notices, credits, and other acknowledgments required for the use of third-party content.
Privacy Policy
Refer to our Privacy Policy for information on how we collect, use, and protect your data.
User Conduct
Users of Pixja.com are expected to adhere to high standards of integrity and professionalism in their interactions on the platform. The following guidelines outline our expectations:
- Respectful Communication: Users must engage in respectful and professional communication with other users. This includes refraining from using offensive language, making derogatory comments, or engaging in personal attacks.
- Honest Dealings: Users should conduct their transactions honestly and ethically. This includes accurately representing their artworks and not engaging in deceptive practices.
- Compliance with Laws: Users must comply with all local, national, and international laws applicable to their use of Pixja.com. This includes laws related to copyright, commerce, and online conduct.
- Non-interference: Users must not interfere with the functioning of Pixja.com, including but not limited to, attempting to access unauthorized areas of the site, hacking, or introducing malware.
- No Spamming: Users are prohibited from spamming others, which includes unsolicited advertising or marketing messages.
- Privacy and Confidentiality: Users must respect the privacy and confidentiality of other users. This includes not disclosing personal information without consent and not using information obtained from the site for unauthorized purposes.
- Prohibited Use: The platform must not be used for any illegal or unauthorized purpose, including the distribution of pirated or illegal software or other copyright-infringing materials.
- Reporting Misconduct: Users are encouraged to report any misconduct or violations of these terms to Pixja.com administrators.
Failure to adhere to these guidelines may result in actions ranging from a warning to account termination, depending on the severity of the violation. Pixja.com reserves the right to make determinations of appropriate conduct and to take necessary enforcement action.
Liability Limitations
Pixja.com and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your Access to or Use of or Inability to Access or Use the Platform: This includes any downtime, server failures, or other technical malfunctions.
- Unauthorized Access, Use, or Alteration of Your Transmissions or Content: Including any breach of security or data theft.
- The Conduct or Content of Any Third Party on the Platform: Including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties.
- Content or Services Provided by Others: Pixja.com is not liable for the accuracy, completeness, or usefulness of information provided by users or third-party service providers.
- User Transactions: Pixja.com is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of or relate to the conduct of users or third parties, including but not limited to, any user's reliance upon any information provided by another user.
- Compliance with Legal Obligations: Pixja.com is not responsible for any user's failure to comply with applicable laws, regulations, or this agreement in their use of the platform.
- Content Removal and Account Termination: Pixja.com is not liable for any damages due to the enforcement of these Terms and Conditions, including removal of content or termination of accounts.
- Limitation of Liability Caps: To the extent permitted by applicable law, the total liability of Pixja.com and its affiliates for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).
This Liability Limitations section does not affect any liability which cannot be excluded or limited under applicable law. Users should understand that certain jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Changes to Terms and Conditions
Pixja.com reserves the right to modify these terms. Continued use of the platform after changes constitutes acceptance of the new terms.
Dispute Resolution
At Pixja.com, we aim to resolve disputes fairly and amicably. The following process outlines how disputes will be handled:
Informal Resolution
Before filing a formal legal claim, we encourage users to contact us directly to seek a resolution. This can be done by emailing our support team at [support email address]. We will attempt to resolve the issue informally by contacting you via email.
Mediation
If the dispute cannot be resolved informally, parties agree to submit to mediation before a neutral mediator to be mutually agreed upon. The costs of mediation will be shared equally between Pixja.com and the user, unless otherwise agreed.
Arbitration
- Mandatory Arbitration: If mediation does not resolve the dispute, either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms below, unless as provided for below, you waive your right to arbitrate disputes.
- Procedure: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules, which are hereby incorporated by reference. The AAA's rules and a form for initiating arbitration proceedings are available at www.adr.org.
- Location: The arbitration will take place in the state of Ohio, United States, unless agreed upon otherwise.
- Confidentiality: The arbitration proceedings shall remain confidential. The results of the arbitration will be binding and conclusive upon all parties involved.
Exceptions to Arbitration
- Small Claims Court: Either party may bring a claim in a small claims court of competent jurisdiction without first engaging in the arbitration process, provided the claim qualifies for such court.
- Equitable Relief: Nothing in these terms will preclude either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service.
Governing Law
The arbitration proceedings will be governed by federal arbitration law and, where consistent, Ohio state law.
Time Limitation on Claims
Any claim or dispute you may have against Pixja.com must be commenced within one year after the cause of action accrues; otherwise, such claim or cause of action shall be permanently barred.
Governing Law
These Terms and Conditions, and any separate agreements whereby we provide you services, shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law principles.
- Jurisdiction: Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the services provided by Pixja.com shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Compliance with State and Federal Law: By using Pixja.com, users agree to comply with all state and federal laws applicable to their use of the platform. This includes, but is not limited to, copyright laws, consumer protection laws, and e-commerce regulations.
- Interstate Nature of Communications: When you use Pixja.com, you acknowledge that you are using a service provided by a company based in Ohio, United States, and that any data or communications may be processed through interstate telecommunications networks.
- Legal Effectiveness: These terms are intended to be as broad and inclusive as permitted by the laws of the State of Ohio. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.
This Governing Law section does not override any statutory rights that may not be waived or limited by contract.
Contact Information
For inquiries, please contact support@pixja.com.