• 0
  • 0

Terms of use

Home > Terms of use

TERMS OF USE

Please read these Terms of Use carefully before accessing or using Pixsalon.com website, Pixsalon software, Pixsalon apps, and/or plug-ins (collectively the Site) made available by Shortcuts Software Australia Pty Ltd or its affiliates.

Acceptance of Terms

By clicking on the “I accept” button (or other button or mechanism designed to acknowledge agreement to these terms), or by accessing or using the Site, you agree to and are bound by these Terms of Use as set forth below and in any modified or additional terms that Shortcuts may publish from time to time (collectively, the Terms of Use). If you do not agree to the Terms of Use, do not access or use this Site.

 

Intellectual Property; Limited License to Users

  1. Subject to your compliance with these Terms of Use, any applicable license agreement with Shortcuts, and the law, you may access and use the Site. Shortcuts remains the sole owner of all right, title, and interest in the Site Content (as defined below) and to the Site and reserves all rights not expressly granted under these Terms of Use. Shortcuts may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Shortcuts’ sole discretion. Shortcuts provides the Site on an “as is” and “as available” basis.
  2. All content on the Site, including but not limited to images, footage, video, music, written captions, free content and related metadata (collectively the Site Content), as well as the selection and arrangement of the Site Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorised use of any Site Content violates such laws and this Terms of Use.
  3. Except as expressly provided herein or in a separate license agreement between you and Shortcuts:
    1. Shortcuts does not grant any express or implied permission to use the Site or any Site Content;
    2. you agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Site Content:
    3. you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Site Content;
    4. you may not download, distribute, display and/or copy any Site Content or remove any watermarks or copyright notices contained in the Site Content.
    5. saving, displaying and/or distributing to the public any watermarked or unlicensed Site Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

Information You Provide

  1. The Shortcuts Privacy Policy, is incorporated by reference into these Terms of Use.
  2. Shortcuts (or third parties acting on its behalf) may collect information related to your use of the Site. Shortcuts’ collection and use of all such information will at all times conform to this Terms of Use, the Shortcuts Privacy Policy, and applicable law.

Infringement Claims

If you believe that any Site Content or other material made available by Shortcuts infringes upon any copyright that you own or control, you must immediately notify Shortcuts in writing. Shortcuts will not be liable for any loss or damage suffered due to a delay or lack of notification.

Limitations and Restrictions

You agree that you will not:

  1. engage in any conduct that constitutes a violation of any law or that infringes the rights of Shortcuts or any third party;
  2. violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use;
  3. violate the rights of Shortcuts or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another;
  4. use the Site Content in any pornographic, defamatory, or otherwise unlawful or immoral manner; to exploit minors; depict unlawful or violent acts; for animal cruelty or violence towards animals; or for fraudulent schemes or give rise to a claim of deceptive advertising or unfair competition.

Restriction and Termination of Use

Shortcuts may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Site Content at any time in Shortcuts’ discretion, without prior notice or liability to you. Any conduct by you that, in Shortcuts’ sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

Links to Third Party Sites

If the Site is available through any third-party platform, or if Shortcuts provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Shortcuts makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Shortcuts, and Shortcuts provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Shortcuts.

Warranties and Disclaimers

  1. Your use of the Site is at your own risk. The Site is provided by Shortcuts under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. Shortcuts expressly disclaims all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
  2. Without limiting the foregoing, Shortcuts makes no warranty that:
    1. the Site will meet your requirements;
    2. access to the Site will be uninterrupted;
    3. the quality of the Site will meet your expectations;
    4. any errors or defects in the site, services or materials will be corrected.
    5. that the Site will be permitted in your jurisdiction, that the Site will meet your needs, or
    6. that Shortcuts will continue to support any particular feature of the Site.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

Indemnification and Limitation of Liability

  1. You agree to defend, indemnify and hold harmless Shortcuts, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising directly or indirectly out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorised use of the Site or Site Content, or your violation of any rights of another.
  2. To the fullest extent permissible by applicable law, Shortcuts will not be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer failure or malfunction or any other form of direct or indirect, special, incidental, consequential or punitive damages from any causes of action arising out of or related to these terms of use, the website or website material, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not shortcuts has been advised of the possibility of such damage otherwise, Shortcuts’ liability will be limited to aud$10.

Miscellaneous

  1. These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Queensland, without respect to its conflict of laws principles.
  2. In the event of any conflict between these Terms of Use and any license agreement you enter with Shortcuts, the terms of such license agreement take precedence.
  3. These Terms of Use will be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language in these Terms or Use. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance these Terms of Use.